Effective Date: June 2021
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, AND LIMITATIONS ON LIABILITY. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.
1. NO MINORS ALLOWED (ELIGIBILITY)
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen.
Your privacy is important to us. This privacy statement describes how MoxiWorks ("MoxiWorks," "our," "we," or "us") collects, uses, stores, processes, and shares the personal information of your brokerage's agents and staff during their use of MoxiWorks products and services.
2. ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with such Services. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies.
3. USER ACCOUNTS
Access to and use of certain functionalities of the Services may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at firstname.lastname@example.org if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
4. PROHIBITED USE
All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of MoxiWorks or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. When using the Services, you must not:
Any scraping, automated access, or other unauthorized access to, and storage of, the Services or Content will result in immediate termination of your access to the Services, Content, or Account if applicable. Use of the Services or Content for any purpose other than what is permitted in these Terms is expressly prohibited.
5. OWNERSHIP AND INTELLECTUAL PROPERTY
The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary rights laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of MoxiWorks used herein are trademarks or registered trademarks of MoxiWorks, our affiliates, or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us, our affiliates, or our suppliers.
For brokerage sites operated by MoxiWorks, the information about and photographs of individual properties displayed on the site are provided by the listing agent and/or by the multiple listing service for the area in which the subject property is located. MoxiWorks asserts no ownership rights to such content.
MoxiWorks respects the intellectual property rights of others and take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on or from the Services infringe your copyright, you may request removal of that Content (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512(c)(3)) (“DMCA”), your written notice (“DMCA Notice”) must include substantially the following:
- a. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- b. Identification of the material that you claim is infringing, including a description of where it is located so that our copyright agent can locate it;
- c. Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact you about your complaint; and
- d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Our designated copyright agent to receive DMCA Notices is:
Erin S. Hennessy
Haynes and Boone LLP
30 Rockefeller Plaza, 26th Floor
New York, NY 10112
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that Content you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may submit a counter notification to our copyright agent. Pursuant to the Section 512(g)(3) of the DMCA, a valid counter notification must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Erin S. Hennessy
Haynes and Boone LLP
30 Rockefeller Plaza, 26th Floor
New York, NY 10112
The DMCA allows us to restore the removed Content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your counter notification. Please be aware that if you knowingly materially misrepresent that Content on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate a repeat infringer’s Account or other similar ability to use the Services.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a DMCA Notice or counter notification.
6. MLS Disclaimers
Information about individual properties on the Services is provided by one or more multiple listing services (“MLS”) through an internet data exchange (“IDX”). The following disclaimers apply to information provided by each MLS.
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
8. LINKS TO OTHER WEBSITES AND SERVICES
The Services may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of MoxiWorks and MoxiWorks is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by MoxiWorks of the Linked Services or any association with the operators of the Linked Services. MoxiWorks does not investigate, verify or monitor the Linked Services. MoxiWorks provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
From time-to-time, MoxiWorks may offer you the opportunity to participate in various promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade or barter any premium, offer, prize, or other benefit you receive through a Promotion. ANY PREMIUM, OFFER, PRIZE, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM MOXIWORKS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotions-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted, or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE MOXIWORKS AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PREMIUM OR PRIZE THAT YOU MAY RECEIVE.
11. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOXIWORKS MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. MOXIWORKS IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL MOXIWORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
12. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
MoxiWorks intends that the information contained in or displayed through the Services will be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by MoxiWorks at any time.
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." MOXIWORKS AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THIS WEB SITE IS AT YOUR OWN RISK. MOXIWORKS AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOXIWORKS OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT WILL MOXIWORKS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO MOXIWORKS, OR $5.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. GOVERNING LAW; DISPUTE RESOLUTION
These Terms will be governed by and construed in accordance with the laws of the state of Washington, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and MoxiWorks each agree to exclusive jurisdiction and venue in the state and federal courts located in Seattle, King County, Washington, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and MoxiWorks will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim. Notice to MoxiWorks will be sent to the contact information provided in Section 19 (Contact Info). MoxiWorks will notify you in writing at the email or mailing address that you provide to us in your notice to us or at any email or mailing address otherwise provided by you or made available to us. You and MoxiWorks each agree to negotiate disputes and claims in good faith. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
14. CHANGES TO TERMS
These Terms may be revised or updated from time-to-time, in our sole discretion. All changes are effective immediately when we post them on the Services, and apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of the changes. We recommend that you review the Terms from time-to-time for any updates or changes that may impact you. If you do not agree to any revised Terms, you should discontinue your use of the Services.
Termination will not limit any of MoxiWorks’s other rights or remedies. Sections 5 (Ownership and Intellectual Property), Section 6 (Feedback), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability and Exclusion of Certain Damages), Section 13 (Governing Law; Dispute Resolution), Section 18 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
16. ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.2), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
1000 Second Avenue Suite 1300
Seattle, WA 98104
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. INTERNATION USE
Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
MoxiWorks makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations
If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject MoxiWorks or its affiliates to any registration requirement within such jurisdiction or country.
18. GENERAL TERMS
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and MoxiWorks intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and MoxiWorks agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. MoxiWorks may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. MoxiWorks’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on MoxiWorks if it is in a written document signed by MoxiWorks. Both you and MoxiWorks warrant to each other that, in entering these Terms, neither MoxiWorks nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and MoxiWorks, or MoxiWorks’s successors and permitted assigns, will have any right to enforce any of these Terms.
19. CONTACT INFO
If you have any questions, please contact MoxiWorks at:
1000 Second Avenue Suite 1300
Seattle, WA 98104