Responsible Use and Conduct
By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (collectively, “Resources”), you agree to use these Resources only for the intended purposes and in accordance with (a) the terms of this Agreement, and (b) all applicable laws and regulations.
By your use of the Website and/or the Resources, you acknowledge and agree that:
- In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide is accurate, complete, and up to date.
- One or more of the Resources may use your email address as the primary mechanism for retrieving a forgotten password or resetting your password. As such, anyone who has login capabilities to your email account will also have the capability to reset and/or retrieve your password. As such, you are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account(s).
- Accessing (or attempting to access) any of the Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources is strictly prohibited.
- In the event that you use any of the Resources pursuant to a brokerage account that is paid for by the applicable brokerage, you hereby agree that all of your account data will remain with such brokerage in the event that you decide to leave that brokerage or stop using the Resources. The licensed broker of that brokerage or the admin of that brokerage has the sole discretion and right to terminate and block your access to your existing Reesio account and retain all data from that account. If and when that happens, you may create a new account from the Website homepage.
- In accessing and using the Website and the Resources, you may enter into the Website or otherwise submit to us certain documents; data, including, without limitation, data pertaining to particular real estate transactions; and content (collectively, your “Content”). As between you and Move, you retain full ownership of your Content, and no provision of this Agreement shall be construed as you forfeiting or transferring to us and ownership rights in or to your Content. You hereby grant to us a limited right and license to use, publish, display, and reproduce your Content on and through the Website and the Resources solely to the extent necessary for us to enable you to access and fully use the Resources.
- You affirm, represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to publish and use your Content on, in, and through the Website and the Resources pursuant to the terms hereof.
- You agree to indemnify and hold harmless Move and its affiliates, and their respective directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement or any failure by you to fulfill any obligations relating to your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation we reasonably request.
Subscription Term and Billing
In the event that you begin using the Resources as part of a free trial for a specified period of time, once such specified period of time expires, you will be required to establish a paid account in order to access the Resources. We reserve the right to block you from any and all features if you don’t have a paid account.
Once you subscribe to a paid account, the account will remain in effect for the subscription term specified in your subscription materials at the time that you subscribe, if any, and you will not have any right to terminate the account prior to the expiration of such subscription term except as expressly set forth herein or elsewhere in your subscription materials, if any. If no subscription term is specified at the time that you subscribe, then your paid account will remain in effect until you provide us with notice that you wish to cancel your subscription by emailing us at firstname.lastname@example.org with the subject line "Cancel Subscription." In the event that you submit such notice of cancellation in accordance with the foregoing sentence, such cancellation will be effective as of the last day of the your current billing cycle, so long as the last day of your current billing cycle is no less than five (5) days after the date on which you provide such notice. In the event that the last day of your current billing cycle is less than five (5) days after the date on which you provide such notice, than such cancellation will be effective as of the last day of your next billing cycle. Subscription cancellation requests made under any other method by you will not be honored, and you will be responsible for all future payments that continue to be charged to your account until you cancel your subscription in the manner required above.
Once you establish a paid account, we will charge you for the Resources on an automatic recurring subscription basis, which means that your credit card will be billed automatically every month or every year, as applicable and as specified at the time that you initially subscribe, without any additional authorizations from you after you initially submit your credit card in our system and subscribe to a paid account. The amount of each automatic monthly or annual recurring subscription charge will depend on the original subscription price and the number of seats that you ordered when you initially subscribed plus any additional seats that you subsequently authorize.
Any user from within your brokerage must have a paid account in order to access and use the Resources. Any user from a different brokerage that you add to a transaction, as well as any third parties or clients that you add to a transaction, do not need to have a paid account to use the Resources as long as you have a paid account. If you do not have a paid account, then users from a different brokerage that you add to a transaction, as well as any third parties or clients that you add to a transaction, will no longer be able to access the transactions that you add them to.
If you attempt to circumvent any free trial offer by creating multiple user accounts, or if you attempt to circumvent paying for accounts as required by the above terms, then Move reserves the right to terminate any and all accounts that are in violation of these terms, and you will lose all access to such accounts.
All payments made by you to Move are non-refundable.
If your credit card payment fails at any time, you will need to either A) make the funds available with your existing credit card on file so that we can re-process the payment, or B) log in to the Website to delete the current credit card on file, and provide a new credit card with available funds.
After your credit card payment fails the first time, we will automatically try re-processing your payment two more times. If your payment fails three consecutive times, then your subscription will automatically be cancelled, and you'll need to re-subscribe in order to access your account. In addition, if you have any special discounted pricing, you will lose that discounted pricing.
Move reserves the right to keep trying to re-process your card at any point within 30 days after the credit card payment fails upon your subscription renewal, unless you formally cancel your paid subscription (as stated above in the section on how to cancel your subscription). If we are able to successfully re-process your credit card payment at any point within 30 days after your third credit card payment fails upon your subscription renewal, your subscription will automatically be re-instated. If your payment doesn't clear when we try and re-process it, then you will not be able to access your account until you formally re-subscribe on your own.
Limitation of Warranties
By using our Website, you expressly acknowledge and agree that all Resources we provide are “as is” and “as available”. We do not represent or warrant to you or offer you any assurance whatsoever that:
- The use of the Resources will meet your needs or requirements.
- The use of the Resources will be uninterrupted, timely, secure or free from errors or bugs.
- The information obtained by using the Resources will be accurate or reliable, and
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you expressly acknowledge and agree that:
- Any content downloaded or otherwise obtained through the use of the Resources is done at your own discretion and risk.
- No information or advice, whether expressed, implied, oral or written, obtained by you from Move or through the Website or any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly acknowledge and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Move will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
As between you and Move, all content (excluding your Content), materials, and data available on or through the Website and the Resources, including but not limited to text, graphics, website name, code, images, logos, data, or any other information, are the property of Move, and are protected by applicable copyright and trademark law. Any prohibited or inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any data or other content on the Website is strictly prohibited, unless specifically authorized in writing by Move.
Modification/Discontinuation of Resources; Termination of Use
You agree that we may, at our sole discretion, modify or discontinue all or part of the Website and/or Resources and/or suspend or terminate your access to all or part of the Website and Resources with or without notice and for any or no reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
By accessing our Website and/or using the Resources, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Los Angeles, California, USA, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, MOVE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We may revise the terms of this Agreement from time to time and will notify you of any such revisions by posting the most recent version of this Agreement on the Website, so please check the Agreement page of the Website regularly. By continuing to access or use the Resources after revisions to this Agreement become effective, you agree to be bound by the revised Agreement. If you do not agree to any revisions, you must stop using the Resources.
This Agreement was last updated on September 30, 2015.