If you are registering for an account on behalf of a business or another entity you represent and warrant that (i) you are duly authorized to accept these Terms on such entity’s behalf and to bind such entity, and (ii) such entity has full power, corporate or otherwise, to enter into these Terms and perform its obligations hereunder.
- The Service. The service provides a platform that allows consumers and real estate sales and mortgage professionals to interact and send messages to each other (the “Service”). In order to access the Service, you must be a registered user.
- Becoming a Concierge. In order to access the full suite of business tools offered through the Service, you must ‘become a concierge’. You can register as a concierge by completing your registration through the App, and providing us with your real estate license number, or email address associated with your brokerage. Once we have verified your request to become a concierge using your real estate license number/brokerage email, you may complete the business account registration process and begin communicating with consumers.
- Content. All information, contact lists, data, messages, photos, or other materials, uploaded to and/or transmitted using the Service (“User Content”), are the sole responsibility of such viewers or users. This means that the viewer or user, and not Avenue are entirely responsible for all such materials transmitted using the Service. Avenue does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Avenue be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials emailed, transmitted or otherwise made available via the Service.
- Spam. By registering to use the Service, you represent and warrant that you will not use the Service to transmit any commercial electronic messages unless you have obtained the necessary consents from the recipients. It is your sole responsibility to ensure that you comply with all applicable laws and regulations regarding commercial electronic messages, including without limitation Canada’s Anti-Spam Legislation and the United States CAN-SPAM Act. We reserve the right to monitor your account and/or investigate any complaints that you are using the Service to send commercial electronic messages in violation of any applicable laws and/or regulations, and to suspend and/or terminate your access to the Service if in our sole discretion we determine that you have used the Service to send commercial electronic messages without complying with the applicable laws and/or regulations.
In using the Website, the App and/or the Service you shall not:
- copy any content unless expressly permitted to do so herein;
- upload, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers unless permitted to do so;
- license, sell, rent, lease, transfer, assign, distribute or host the Website, the App or the Service; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, the App or the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law.
- You also agree not to access the Website or the App in a manner that utilizes the resources of the Website of the App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website or the App.
- License of Content. By submitting User Content to the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, distribute and otherwise exploit such User Content as required to provide you with the Service. Avenue will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- Proprietary Rights. Except for User Content, the Website, the App and the information and materials contained therein, are the property of Avenue and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the Avenue names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website, the App or the Service. Any future release, update, or other addition to functionality of the Website, the App or the Service shall be subject to the terms of these Terms.
- Feedback. If you provide Avenue with any suggestions, comments or other feedback relating to any aspect of the Website, the App and/or Service (“Feedback”), Avenue may use such Feedback in the Website, the App, the Service or in any other Avenue products or services (collectively, “Avenue Offerings”). Accordingly, you agree that: (a) Avenue is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Avenue, (c) Avenue (including all of its successors and assigns and any successors and assigns of any of the Avenue Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Avenue Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Avenue or any of the other users of the Website in respect of the Feedback.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. AVENUE PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVENUE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. AVENUE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL AVENUE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, THE APP OR THE SERVICE, (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (IV) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (V) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE, OR (VII) ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, THE APP OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF Avenue HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AVENUE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. Avenue may alter, suspend, or discontinue this Website, the App and the Service at any time and for any reason or no reason, without notice. The Website, the App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Avenue may periodically add or update the information and materials on this Website, the App or the Service without notice.
- Security. Information sent or received over the Internet is generally unsecure and Avenue cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Avenue will not be liable for any loss or damage arising from your failure to comply with these requirements.
Updated July 2015/