|
1. About. Zolve (a.k.a., “Zolve.com,” the “Site,”the “Company”) is a professional networking service that allows member real estate professionals to create an online profile that can be customized and then found by other members. Zolve also facilitates referrals between members as well as a ratings & feedback system that is based on those referrals (collectively, the “Service”). Zolve.com is hosted in the U.S. All Users agree to use the Site and work with the Company in good faith for the purposes for which the Site and the Company are established.
2. Agreement Description. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Zolve.com. By using Zolve.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Zolve.com website) or you are a "Member" (which means that you have registered with Zolve.com). The term "User" refers to a Visitor or a Member. This Agreement encompasses all information, communications, software, scripting, photos, text, video, graphics, music, sounds, images, and other materials and services found on the Site (collectively, “Content”).
3. Authorized Use. You are only authorized to use Zolve.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws (including, without limitation, all of the following state and United States laws: Fair Housing, real estate brokerage license law, the Real Estate Settlement and Procedures Act “RESPA” (and similar RESPA-like notions in applicable state law) and law restricting unfair competition), and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Zolve.com Website and discontinue use of Zolve.com immediately. If you wish to become a Member, communicate with other Members and make use of Zolve.com, you must read this Agreement and indicate your acceptance during the Registration process.
4. Scope of Agreement. This Agreement includes: Zolve's policy for acceptable use of Zolve.com and Content posted on the Zolve.com Website; your rights, obligations, and restrictions regarding your use of Zolve.com; and Zolve.com’s Privacy Policy. In order to participate in certain Zolve.com services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Zolve.com in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You have permission to copy or print this agreement for your records.
5. Modification. Zolve may modify this Agreement from time to time and such modification shall be effective upon posting by Zolve on the Zolve.com Website. You agree to be bound by any changes to this Agreement when you use Zolve.com after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
6. Liability Disclaimer. You acknowledge that Zolve.com is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any services as promised, or for any other aspect of the transaction. Any fees or payments collected by Zolve.com applicable to Zolve.com are set forth on the Site.
7. User Liability Disclaimer. Zolve.com is not responsible or liable in any manner for any User Content or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”) posted on the Site, or in connection with the Service, whether posted or caused by Users of the Site, by Zolve.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although Zolve.com provides rules for User conduct and postings, Zolve.com does not control and is not responsible for what Users post, transmit or share on the Site and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Zolve.com is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
8. Right to Change Content. Zolve.com reserves the right to change any and all Content, Services, software, and other items used or contained in the Site, as well as Third Party Applications, Software or Content offered through the Site, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Zolve.com.
9. Eligibility. Use of and Membership in Zolve.com is void where prohibited. By using Zolve.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are a real estate professional in the profession you indicated during your registration; and (d) your use of the Zolve.com does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented any of these things.
10. Term. This Agreement shall remain in full force and effect while you use Zolve.com or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's My Account page. Zolve.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
11. Fees. You acknowledge that Zolve.com charges for its service and reserves the right to change its fees from time to time in its discretion.
12. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Zolve.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
13. Non-commercial Use by Members. Zolve.com is for the professional use of Members related to their real estate profession and may not be used in connection with any other commercial endeavors except those that are specifically endorsed or approved by Zolve.com. Illegal and/or unauthorized use of Zolve.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Zolve.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Zolve.com Services.
14. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Zolve.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Zolve.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Zolve.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Zolve.com, including the specific URL; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Zolve.com's Copyright Agent for notice of claims of copyright infringement can be reached by clicking on the “contact Zolve” button at the bottom of each page on Zolve.com.
15. Content/Activity Prohibited. The following is a partial list of the kinds of activities that are illegal or prohibited on the Zolve.com Website and through your use of Zolve.com. Zolve.com reserves the right to investigate and take appropriate legal action against anyone who, in Zolve.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activities include, but are not limited to:
1. registering for more than one User account, registering for a User account on behalf of an individual other than yourself, or registering for a User account on behalf of any group or entity;
2. impersonating any person or entity, including other Members, or falsely stating or otherwise misrepresenting yourself as a real estate professional in the profession you select on the registration page;
3. intimidating or harassing another person;
4. posting Content that is patently offensive and promotes or includes racism, bigotry, hatred, nudity, links to an adult website, sexual or violent exploitation, or physical harm of any kind against any group or individual;
5. uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
6. criminal or tortious activity, including but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, patent infringement, or theft of trade secrets;
7. promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;
8. promoting information that you know to be false or misleading, or promoting conduct that is abusive, threatening, obscene, defamatory or libelous;
9. using a photograph of another person that you have posted without that person’s consent;
10. soliciting personal information from anyone under the age of 18;
11. advertising to, or solicitation of, any Member to buy or sell any products or services through Zolve.com. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Zolve.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Zolve.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Zolve.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Zolve.com, you acknowledge that you will have caused substantial harm to Zolve.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Zolve.com $50 for each such unsolicited email or other unsolicited communication you send through Zolve.com;
12. any automated use of the system, such as using scripts to add friends or send comments or messages;
13. interfering with, disrupting, or creating an undue burden on Zolve.com or the networks or services connected to Zolve.com;
14. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
15. selling or otherwise transferring your profile;
16. using any information obtained from Zolve.com in order to harass, abuse, or harm another person;
17. using Zolve.com in a manner inconsistent with any and all applicable laws and regulations.
16. Privacy. Use of Zolve.com is also governed by our Privacy Policy, (a copy of which can be found at: Zolve Privacy Policy which is incorporated into this Agreement by this reference.
17. Security. Zolve.com takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
18. Links. Zolve.com may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Zolve.com.
19. Disclaimers. Zolve.com is not responsible for any incorrect or inaccurate Content posted on the Zolve.com Website or in connection with Zolve.com, whether caused by Users of Zolve.com or by any of the equipment or programming associated with or utilized in Zolve.com. Profiles created and posted by Members on the Zolve.com Website may contain links to other websites. Zolve.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Zolve.com. Inclusion of any linked website on Zolve.com does not imply approval or endorsement of the linked website by Zolve.com. When you access these third-party sites, you do so at your own risk. Zolve.com takes no responsibility for third party advertisements which are posted on this Zolve.com Website or through Zolve.com, nor does it take any responsibility for the goods or services provided by its advertisers. Zolve.com is not responsible for the conduct, whether online or offline, of any User of Zolve.com. Zolve.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Zolve.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Zolve.com or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Zolve.com. Under no circumstances shall Zolve.com be responsible for any loss or damage, including personal injury or death, resulting from use of Zolve.com, attendance at a Zolve.com event, from any Content posted on or through Zolve.com, or from the conduct of any Users of Zolve.com, whether online or offline. Zolve.com are provided "AS-IS" and as available and Zolve.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Zolve.com cannot guarantee and does not promise any specific results from use of Zolve.com. Zolve.com does not represent or warrant that software, content or materials on the site are accurate, complete, reliable, current or error-free or that the site, its servers, or applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and utilize industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain Content, material, data or software through the Site at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your computer system or mobile device, loss of data, or other harm of any kind that may result.
20. Limitation on Liability. IN NO EVENT SHALL ZOLVE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ZOLVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZOLVE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZOLVE.COM FOR ZOLVE.COM DURING THE TERM OF MEMBERSHIP.
21. U.S. Export Controls. Software available in connection with Zolve.com (the "Software") is further subject to United States export controls. No Software may be downloaded from Zolve.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
22. Disputes. If there is any dispute about or involving Zolve.com, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, or the Colorado State Courts in El Paso County, Colorado. Either Zolve.com or you may demand that any dispute between Zolve.com and you about or involving Zolve.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Colorado Springs, Colorado, USA, provided that the foregoing shall not prevent Zolve.com from seeking injunctive relief in a court of competent jurisdiction.
23. Indemnity. You agree to indemnify and hold Zolve.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Zolve.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Zolve.com Website or through Zolve.com causes Zolve.com to be liable to another.
24. Other. This Agreement is accepted upon your use of the Zolve.com Website or any of Zolve.com and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Zolve.com regarding the use of Zolve.com. The failure of Zolve.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Zolve is a trademark of Zolve, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact Zolve.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
|