You must provide accurate and complete information when registering your Member Account and using the Services, to which you are the sole and exclusive rights holder. You represent and warrant that:
- you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction;
- you are not a resident of (or will use the Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- you own all rights in and to any content provided by you ("Member Content"), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Member Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Member Content;
- You will fully comply with all applicable laws and agreements which govern your use of the Services.
Further, you acknowledge and agree that we shall determine the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or display of any Member Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto). In addition, you acknowledge that neighborhoods are not subject to a generally accepted definition, but are subject to individual interpretation. Also, neighborhoods as shown on the Member Website are not necessarily "subdivisions" and neighborhoods are not available for every city in the U.S. You may find deviations between what is shown and what you might personally expect.
You undertake and agree NOT to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any of the Sites, the Services (or any part thereof), any Content offered by us or Third Party Services for use and display within Member Websites ("Licensed Content") except as expressly permitted under this Agreement;
- publish and/or make any use of the Services or Licensed Content on any website, media, network or system other than those provided by us, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the Services, Licensed Content and/or Member Website (or any part thereof);
- use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our name or our Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Services and/or Member Website, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other Visitors or Members;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your Member Website, your business, your Member Products, or any statement you make;
- reverse look-up, trace, or seek to trace another Member of Services, or otherwise interfere with or violate any other Member's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or Member Website without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, Member Website, the account of another Member or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Services or any network connected to the Services;
- upload to the Services and/or Member Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Services and/or Member Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by this Agreement;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©] or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content;
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you may result in the immediate termination of your Member Account and/or any Services provided to you - with or without further notice to you, and without any refund of amounts paid on account of any such Services.
As between us and you, you shall own all intellectual property pertaining to your Member Content, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use your Member Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified under this Agreement.
All right, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to us.
Subject to your full compliance with this Agreement and timely payment of all applicable Fees, we hereby grant you, upon creating your Member Account and for as long as we provide you with the Services, a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of accessing and using the Services and generating and displaying your Member Website, solely as expressly permitted under the terms of this Agreement, and solely within the Services.
5.1 CRM AND LEADS MANAGEMENT SYSTEM. Chime will provide you with one instance of Chime CRM and Leads Management System.
- CRM Features. The Chime CRM and Leads Management system includes features for capturing, tracking, managing and nurturing leads, managing agent activity, contacts and workflow. Features of the CRM system may change from time to time and Chime reserves the right to charge for new features that may be included in future CRM releases.
- PROPERTY LISTING ALERT. Chime will automatically electronically syndicate all your active property listings using Agent ID and/or Office ID to a select group of free and/or paid real estate websites. You must notify Chime in writing if you do not want your property listing syndicated. You represent that you have express authorization from all agents to permit such syndication.
5.2 CHIME REAL ESTATE IDX WEBSITE.
Website Overview. Chime will provide you with the standard customer-facing Chime IDX-integrated Website. In the event that you require additional IDX Website customization, please see Section 9 "Additional Services and Fees" for the terms for this customization.
- SUBDOMAIN. Through Chime you can setup subdomains for team member(s).
- DOMAIN NAME. You can choose to use a domain name already owned by you or, alternatively, you can choose to use the domain provided by Chime. Chime reserves the right to refuse the use of any domain name or any of your Branding/Content (as defined below) that Chime determines in its discretion is inappropriate, illegal, offensive, or in violation of another party's rights. Any changes to the domain name post launch will be subject to additional charges based, as applicable, on time and materials or Chime's then current fee structure.
- BRANDING. You warrant that all Branding that you provide will comply with all MLS rules and regulations and all applicable laws.
MLS / IDX INTEGRATION. Chime will integrate your Multiple Listing Service (MLS) IDX data feed from your respective MLS Board(s) as disclosed in writing to Chime. Any changes to Client's MLS Board or brokerage changes must be approved in writing by Chime.
You will indemnify, defend, and hold Chime harmless from any failure by you to obtain or maintain the appropriate licenses for the MLS and/or IDX account to allow use by Chime on the Website or, for any unauthorized use by you or your agents of such MLS data or feed.
You will pay directly all 3rd party vendor set-up fees and monthly service fees charged by the MLS/IDX provider for Chime to access MLS data. You shall also pay directly all charges from the MLS data provider including costs associated with MLS integration, and other marketing costs associated with the service. In certain geographic areas, Chime may, at its option, configure multiple unique MLS feeds into a single platform. Multiple MLS feeds are subject to additional charges as determined by Chime. Chime will not be liable in the event that the MLS application process is unsuccessful or exceeds the initial timeline established by Chime.
- UPDATES - Chime reserves the right to update, modify and upgrade the Platform in its sole discretion during the term of this Agreement. Such modifications or updates may include new or modified functionality or removal of obsolete or other functions.
5.3 MARKETING SERVICES: Chime offers optional lead generation, marketing, listing promotion and management services that require the payment of additional fees and charges. For lead generation, Chime will create and develop your online advertising campaign, help you with your picture design and generate keyword combinations for your website. Chime can also manage your online advertising campaign by assessing your ad position, audience, scheduling and bidding. If you choose to use this service, you will provide an advertising budget ("Ad Budget"), and appoint and authorize Chime as an agent to procure advertising on your behalf. In addition to the Ad Budget, you will pay Chime a management fee to be determined by Chime based upon the Ad Budget.
5.4 SUPPORT SERVICES. Chime will provide you access to Chime's Client Success Teams including Implementation, On-boarding, Success Management Services and Chime's Support Team for technical support. Chime may change the services offered at its sole discretion from time to time and may offer certain services at additional fees as provided in the 'additional services and fees' section.
Chime may refer you to its affiliate, "GeoFarm," for lead generation marketing.
The use of certain Services may be subject to payment of additional fees ("Paid Services" and "Fees"). We will provide notice of such Fees then in effect for such Paid Services. We may change such Fees at any time, upon notice to you. If you received a discount or other promotional offer, your subscription to such Service(s) shall be automatically renewed at the full applicable Fee.
- FEES. All Fees shall be paid in U.S. Dollars. You shall be responsible for payment of all applicable taxes relating to your use of the Services ("Taxes").
- PAYMENT. You authorize us (either directly or through our affiliates, subsidiaries or other third parties) to collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may consider necessary to validate your designated payment account or financial information.
- AUTOMATIC RENEWAL. The Services will automatically renew on a recurring-fees basis for a renewal period equal in time to the original subscription period unless terminated by either party in writing at least thirty (30) days prior to the expiration of the then-current term. You will be automatically charged the applicable Fees for such Services using the payment method you have on file with us.
- CANCELLING PAID SERVICES. You shall be solely responsible for the discontinuation of any Services purchased by you. Certain services purchased on or through the Services may be non-refundable. These include Third Party Services such as domains, business tools and applications.
- CHARGE BACKS. If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (collectively, a "Chargeback"), this will constitute a breach of your payment obligations hereunder, your use of the Services may be automatically terminated, your Member Account may be blocked and any data contained in such Member Account may be subject to cancellation and Capacity Loss (as defined in below). If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Customer Service at email@example.com before filing a Chargeback.
- CANCELLATION AND FAILURE TO COMPLY. You may cancel your Member Account and/or any Services at any time, in accordance with the instructions available on the applicable Site(s) provided, however, that (i), no refund will be made for a prepaid annual arrangement and (ii) a one-month fee will be assessed for a prepaid monthly arrangement. Failure to comply with any of the terms of this Agreement and/or to pay any Fee when due may result in cancellation or suspension of your Member Account and Member Website (or certain features thereof), as well as the provision of any related Services or Third Party Services to you.
If your Member Account or any Services or Third Party Services related to your Member Account are cancelled, such cancellation may cause or result in the loss of certain content, features, or capacity of your Member Account, including any Member Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (collectively, "Capacity Loss"). We shall have no liability or responsibility for any Capacity Loss.
The Services may enable you to engage and procure certain third party services and tools for enhancing your Member Website and your overall user experience, including domain registrars from which you may purchase a domain name for your Member Website, third party applications and widgets offered via the Site(s), third party Licensed Content, media distribution services, third party designers who may assist you with your Member Website, etc. (collectively, "Third Party Services"). We shall have no liability or responsibility for any Third-Party Services. We reserve the right, at any time and in our sole discretion, to suspend, disable access to or remove from your Member Account, Member Website(s) and/or the Services, any Third-Party Services without any liability to you or to any of your visitors or users.
We respect the intellectual property rights of others, we act in accordance with our interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify Customer Service of such infringement by phone 888-342-9698 or email: firstname.lastname@example.org. If we receive notice regarding a copyright infringement related to your Member Account or Member Website, we may cancel your Member Account, take your Member Website down or remove any Content in our sole discretion, with or without prior notice to you. In such case, you may file an appropriate counter-notice in accordance with Section 512 of the DMCA,
We provide the Sites and the Services on an "as is," "where is," "with all faults" and "as available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. We specifically do not represent or warrant that the Sites or Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Notwithstanding anything to the contrary contained herein, under no circumstances may we be considered as a "publisher" of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the Services. You acknowledge that (1) there are risks in using the Services and/or connecting and/or dealing with any Third-Party Services in connection with Services, (2) we cannot and do not guarantee any specific outcomes from such use and/or interactions, and (3) you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions.
To the fullest extent permitted by law, we, our officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or any other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or Member Content posted, emailed, transmitted, or otherwise made available via the Services; and/or (6) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of this Agreement or any other terms applicable to your use of or access to the Site(s) or the Services; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Member Website or Member Content and/or your use of the Services; and/or (3) any other claim that your Member Website and/or Member Content caused damage to a third party.
Changes and Updates: We may change, suspend or terminate any of the Services (or any features thereof, or prices therefor), at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner - except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may cancel your Member Account, continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
Governing Law: This Agreement, the rights and remedies provided hereunder shall be governed by, construed in accordance with the laws of the State of Arizona, without respect to any conflict of law principles.
Jurisdiction: Any and all claims and disputes under this Agreement shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Maricopa County, Arizona. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site(s), Member Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Headings: Any heading, caption or section title here is provided only for convenience, and shall not be used to interpret any section or provision hereof.
Choice of Language: The terms of this Agreement were written in English. If a translated (non-English) version of this Agreement conflicts in any way with their English version, the provisions of the English version shall prevail.
Relationship: This Agreement, your access to the Site(s), and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.
Entire Agreement: This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between us concerning the subject matter hereof and all prior understandings shall be deemed merged herein.
Assignment: You may not assign or transfer any of your rights and obligations hereunder.
Severability; No Waiver: If any provision of the Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of any of the remaining provisions of this Agreement. No Waiver of any breach or default of any of the terms of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
To get in touch with our Customer Service - please use any of the options listed below:
Telephone Number: 888-342-9698
E-mail: email@example.comAddress: 2828 North Central Avenue, 7th Floor, Phoenix, Arizona 85004-1024
Last updated: March 31, 2017
We may obtain certain personal information (such as name and other contact details) through our Sites. The types of personal information we may collect include:
- Contact information, such as your name, postal address, e-mail address, and telephone number;
- Names, postal addresses, e-mail addresses and telephone numbers of others to whom you ask us to send information;
- Username and password to access our products and services online;
- Payment information (such as payment card details, financial account information and billing address);
- Birth date;
- Online order history;
- Information about your education, professional licenses and qualifications, legal work eligibility status, and other information relevant to our products or specific jobs for which you may apply;
- Other personal and business information you may provide to us.
In addition, when you visit our Sites, we may collect certain information by automated means, such as cookies and web beacons. The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, and dates and times of website visits. A "cookie" is a text file that websites send to a visitor's computer or other Internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon", also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain "clickstream data", which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an e-mail we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. See also our "Do Not Track Policy" below.
We may use the information we obtain through the Sites to:
- Create and manage your account;
- Offer and provide products and services to you;
- Process and collect payments for services;
- Communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes, and other offers or promotions;
- Combine it with information we receive offline to send you offers or promotions;
- Send information to others if you ask us to do so;
- Respond to and communicate with you about your requests, questions and comments;
- Manage your application for employment with us and contact you in connection with potential employment opportunities;
- Process claims we receive in connection with our products and services;
- Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and Sites; and performing accounting, auditing, billing, reconciliation and collection activities);
- Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information);
- Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
- Comply with and enforce applicable legal requirements, relevant industry standards and our policies.
In addition, we use information collected online through cookies, local shared objects (also known as "Flash cookies"), web beacons and other automated means for purposes such as: (i) customizing our users' visits to our Sites, (ii) delivering content (including advertising) tailored to our users' interests; and the manner in which our users browse our Sites, and (iii) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer our Sites, identify users of our Sites, and gather demographic information about our users. We use clickstream data to determine how much time users spend on web pages of our Sites, how users navigate through our Sites, and how we may tailor our Sites to better meet the needs of our users. To identify local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
We also may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
We collect, use and disclose your personal information with your consent, which may be express or implied. You may withdraw your consent to the use and disclosure of your personal information by us or by third parties for marketing purposes at any time by contacting us as specified below under "How to Contact Us." If you would like to access, update or ask us to delete your preferences or the personal information that we have collected about you, please contact us, and we will respond to your request within 30 days.
Subject to certain limits under California Civil Code Â§1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the "How to Contact Us" section below.
Our website is not designed to respond to "do not track" signals received from browsers.
Our Sites may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with us. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with us, any use of those websites, or the privacy practices of those websites.
The privacy and protection of your information is important to us. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no data transmission over the Internet or any other wireless communication method can be guaranteed to be totally secure. As a result, we make no guarantees, representations, or warranties with respect to the privacy of such transmitted information.
Our Sites are not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on our Sites. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on our Sites, we will delete the information from our records.
2828 N. Central Avenue, 7th Floor, Phoenix, AZ 85004