WEBSITE USER AGREEMENT
1) "The sole use of the listing data and information shall be to support the proper activities of the User participant, , in seeking to affect the purchase, sale or leasing of listed properties."
2) "The User participant may display listing data and information on the Tecomate Properties website only if the User participant in good faith holds itself out to be, and in fact is, ready, willing and able to show or arrange for the showing of the listed property to which the listing data and information relate to prospective purchasers and lessees."
3) "All of the listing data and information displayed on the Tecomate Properties website must be updated by User at least once every ninety (90) days."
4) "Any listing or listing data or information entered in Tecomate Properties listing database website template must identify the correct name of both the firm and the individual agent which constitute the listing participating User for that listing."
5) "By the act of submission of any property listing or sales data to Tecomate Properties , the User participant represents that he has been authorized to grant and also thereby does grant authority for Tecomate Properties to include the property listing data, and any resultant sales data, in its Tecomate Properties database and also in any statistical report on listings or comparable sales. The Tecomate Properties database shall be construed to include any format in which property listing or sales data is collected and disseminated to the participating Users or other interested individuals, or any other format, whatsoever, including but not limited to a bound book, loose-leaf binder, computer database, card file .
6) "Upon written request, Tecomate Properties in its discretion, may grant comparable sales and listing access to real estate professionals who are actively engaged in real estate Userage, management, mortgage financing, appraising, land development or building activities, and private individuals, who do not participate fully in Tecomate Properties within the meaning of the rules and/or regulations as set forth in Tecomate Properties . Tecomate Properties may grant access on such terms and conditions, including the payment of fees and charges as may be established at the time of the request for access. Terms and conditions on which Tecomate Properties may grant access need not be identical for all classes or groups eligible to request such access."
7) "User participants and their licensees may reproduce from the computerized Tecomate Properties system, and distribute by any means to prospective purchasers, tenants, or other individuals, copies of property listing data contained in the computerized Tecomate Properties system which relate to any properties in which the prospective purchasers, tenants or other individuals are, or may have, in the judgment of the User participants or their licensees, a bona fide interest."
8) "If Tecomate Properties desires to publish sales information prior to final closing of the sales transaction, Tecomate Properties may also require an agreement from the participating User and his Seller that there be included a provision expressly granting the listing participating User the right to authorize dissemination of sales information by Tecomate Properties to its other participating Users."
9) "Any listing data or sales data, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of Tecomate Properties and those licensees affiliated with Tecomate Properties who are authorized to have access to such information. Such information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm.
10) "None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, 'sold' information, comparables, or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client. However, only such information as Tecomate Properties has deemed to be non-confidential and necessary to support the estimate of value may be reproduced and attached to the report as supporting documentation. Any other use of such information is unauthorized and prohibited by Tecomate Properties ."
11) "All forms and templates produced by Tecomate Properties are intended for the exclusive use of the User participants, their licensees, or users of Tecomate Properties . No User participant, his licensee, or user may give, copy or in any manner distribute Tecomate Properties forms to third parties except copies clearly marked 'Sample' which may be copied and used for education in connection with real estate licensing activities."
12) "Subject to a participating User's compliance with all of the limitations and conditions as set forth herein, and subject further to the participating User's compliance with the requirements of applicable law, each participating User and his licensee affiliated with said User, may display on its own website(whether such website constitutes a public access website or a virtual private network) the listing data and/or sales data information included in the Tecomate Properties compilation. Such listing or sales data information may either be downloaded to the permitted website or it may be framed on the permitted website from any website which Tecomate Properties maintains.
13) A public access website of a participating User, in its display, may not modify in any way the listing or sales data information as it originally appeared in the Tecomate Properties compilation."
15) "User participants are responsible to determine that all data electronically entered into Tecomate Properties complies with all fair housing laws. Each participating User agrees to hold Tecomate Properties harmless from, and pay the cost of defense of, any claim arising from any information User participant places in Tecomate Properties which results in a charge or finding that such information is in violation of such laws."
16) "No participating User, without first obtaining the listing participating User's permission, shall advertise a property listed by another participating User, in any manner, including but not limited to, display, newspaper, flyer or other publication, except that a participating User may republish another participating User's listings on a public access website or a virtual private network, in a manner consistent with Tecomate Properties guidelines, so long as the listing is approved by the listing participating User for Internet publication."
17) " Tecomate Properties may accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of Tecomate Properties compilation of current listings. Remarks should include 'This property subject to auction and the auction will be held on (date).' "
18) "Listings of property may be withdrawn from Tecomate Properties by the listing User participant before the expiration date of the listing agreement if the listing User participant has secured the written agreement of the seller/landlord authorizing the withdrawal. Sellers/landlords do not have the unilateral right to require Tecomate Properties to withdraw a listing without the listing User participant's concurrence or approval. However, when seller/landlord can document that his or her exclusive relationship with the listing User participant has been terminated, Tecomate Properties may remove the listing at the request of the seller/landlord."
19) "The full gross listing price stated in the listing contract shall be included in the information published in the Tecomate Properties compilation of current listings, unless the property is subject to auction."
20) "All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form/template. When part of a listed property has been sold or leased, proper notification shall be given to Tecomate Properties ."
21) "Any listing submitted to Tecomate Properties shall provide for cooperation by other listing User participants."
22) "Any listing entered into Tecomate Properties automatically expires on the date specified in the agreement unless renewed by the listing User participant, and notice of renewal or extension is to be entered into Tecomate Properties within two (2) business days prior to expiration. If the notice of renewal or extension is dated and received after the expiration date of the original listing, then a new listing must be obtained if it is to be entered into Tecomate Properties . It will then be entered as a new listing. Any extension or renewal of a listing must be signed by the seller/landlord, certified by the listing User participant and filed with Tecomate Properties "
23) "Any property listing information entered into Tecomate Properties shall contain only factual information about the property and shall exclude any reference to personal or business contact information including, but not limited to, any telephone numbers or mailing addresses, which would initiate visitor contact in any way with the User participant, his representatives, or licensees. "
24) "All time periods referred to herein concerning filing and or reporting times shall begin subsequent to the date of listing or date of action. Saturdays, Sundays and national holidays are excluded from the calculation of said periods."
25) "All listings entered into Tecomate Properties shall bear a definite and final expiration date as negotiated between listing User participant and the seller/landlord."
26) "Except as may be explicitly permitted through this site, User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Tecomate Properties is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
27) "You agree that if you are issued a Username and Password by Tecomate Properties , you shall use your best efforts to prevent access to this site through your User Name and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, and notifying Tecomate Properties immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party."
28) "You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to be subject to civil and criminal legal penalties and will be pursued by Tecomate Properties to the full extent of the law to protect its rights and the rights of its other licensors."
29) "Except with regard to personal information, all information which you post on this site or communicate to Tecomate Properties through this site (collectively 'Submissions') shall forever be the property of this website. Tecomate Properties shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Tecomate Properties products. Without limitation, Tecomate Properties shall have exclusive ownership of present and future existing rights to any submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your submission does not infringe the rights of any third party."
30) "You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites 'Terms and Conditions' and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information that is illegal, unreasonable or that some people may find inappropriate or offensive. These sites are not under the control of Tecomate Properties , are not monitored or reviewed by Tecomate Properties , and Tecomate Properties is not aware of the contents of such sites. You acknowledge that Tecomate Properties is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Tecomate Properties , its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Tecomate Properties and its licensors have no liability whatsoever from such third party sites and your usage of them.