Description of Service. Movoto LLC ("Movoto") provides users with access to a collection of websites, resources, data, software, tools and mobile apps (collectively, the "Service"). The services that we provide are subject to the following Terms and Conditions of Use ("T&C"), which we may modify by posting revised T&C on our website(s) including, without limitation, any mobile site (collectively, the "Site") from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Service shall be subject to this agreement in addition to any T&C applicable to particular services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms and Conditions of Use at http://www.movoto.com.
Binding Agreement. When you visit and use any site within Movoto's family of websites or when you register for a new Movoto account, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract. If you do not wish to be bound by this agreement, please refrain from using our services, accessing our websites, or registering for an Movoto account. By submitting your contact information to Movoto, you agree that Movoto may contact you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Movoto PROVIDES THE SERVICE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
THE INFORMATION PROVIDED BY THE SERVICE IS DEEMED TO BE ACCURATE BUT Movoto CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, Movoto EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES REGARDING THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS, LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY, OR USEFULNESS OF INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED THROUGH, OR IN CONNECTION WITH, THE SERVICE. Movoto DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Movoto AND ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, INVESTORS, ASSIGNS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Movoto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
Movoto BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Movoto, ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Content. As consideration for using the Service, you understand and agree that Movoto may display advertisements and provide links to third-party content and websites over which Movoto has no control. Movoto takes no responsibility for any content, advertising or products from third party service providers, including any content considered harmful, objectionable, inappropriate or offensive, and Movoto does not endorse or guarantee the availability of such third party services. You agree that Movoto shall not be liable for damage of any sort incurred as the result of your dealings with advertisers or of your use of third-party goods or services.
Your Conduct. When using the Movoto Service, you:
Termination. Movoto reserves the right to restrict, disable, suspend or terminate your account and refuse any and all current or future use of the Service without prior notice and for any reason. Movoto also reserves the right, but bears no obligation, to monitor, screen, and remove any content available through the Service.
Minimum Age Limit. You must be eighteen (18) years of age or older to use the Service, and you must have all necessary right, power and authority to enter into these T&C and to perform the acts required hereunder.
Real Estate Clients. You represent that you have not entered into any agreement, such as a listing agreement or buyer broker agreement, with a real estate agent or agency other than a Movoto employee, agent or contractor.
Other Parties. You agree to refrain from contacting the owner or seller of any property identified using information obtained through the Service. Furthermore, you agree that Movoto employees, agents or contractors may represent other prospective buyers of the same properties that meet your criteria.
Promotional Rates. From time to time Movoto may advertise and offer its services at lower promotional rates (for example, a 1% commission). Any such rates may be made and/or withdrawn at any time, with or without notice, in Movoto’s sole and absolute discretion. The applicable commission rate for any transaction will be calculated either at the time of closing[GM1] or at the time of agreement of the underlying real estate transaction. Any promotional rates, and advertising thereof, shall be deemed to be void and withdrawn to the extent that such rates, and/or advertising thereof, would otherwise violate applicable state or federal law (including, without limitation, the advertising and real estate regulations in any state). It is your responsibility to review the specific qualifying requirements for any advertised promotional rate since such rates may or may not apply to your use of Movoto’s services. If you do not meet such requirements (or are otherwise ineligible, for example, because such promotional rate, and/or advertising thereof, would otherwise violate applicable law) then you agree to pay the regular non-promotional rate(s) for the services provided by Movoto.
Copyright. All content and compilations included on the Service, such as text, graphics, logos, buttons, images, audio, video, charts, graphs, data compilations, and software, are the property of Movoto (and/or its licensors and suppliers) and are protected by US and international law.
Trademark. Movoto, the Movoto logo and other marks indicated on the Service are trademarks of Movoto. Other graphics, logos, buttons, or service names are trademarks or trade dress of Movoto or its affiliates.
Patent. Pending patents apply to the Movoto website(s) and the Movoto Service.
Your Rights. Movoto does not claim ownership in the Content you Make Available on the Service, including any text, data, information, images, photographs, music, sound, video or other material ("Your Content"). However, if you submit Your Content to Movoto, you grant Movoto and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, alter, modify, adapt, publish, translate, distribute, display, create derivative works from or otherwise Make Available Your Content throughout the world in any media. By submitting Your Content to Movoto, you agree to indemnify Movoto for all claims arising from Your Content and to abide by the policies above concerning Your Conduct.
Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Movoto. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Movoto and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
Ownership. As between you and Movoto, you own Your Content. We own all other content (the "Movoto Content"), including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and any third party content including, without limitation, content from our licensors and suppliers (such content "Third Party Content"). Except with respect to Third Party Content, we also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Movoto Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Movoto Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Movoto Content are retained by us (and our licensors and suppliers, as applicable).
Advertising. Movoto and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other. User Content does not necessarily reflect the opinion of Movoto. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Restrictions. We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
1. You agree not to, and will not assist, encourage, or enable others to use the Site to:
1. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Movoto;
5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
6. Solicit personal information from minors, or submit or transmit pornography; or
7. Violate any applicable law.
2. You also agree not to, and will not assist, encourage, or enable others to:
1. Violate the Terms;
2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, assign, sublicense, lease, loan, rent, timeshare, otherwise transfer or in any way exploit the Site or any content on the Site (other than Your Content) (the "Site Content"), except as expressly authorized by Movoto;
3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
4. Reverse engineer any portion of the Site;
5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
6. Record, process, or mine information about other users;
7. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
8. Reformat or frame any portion of the Site;
9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Movoto's technology infrastructure or otherwise make excessive traffic demands of the Site;
10. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content;
14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site;
15. Write or develop, or have written or developed, any software or program based on (i) the products or services provided by Movoto (and/or our licensors and suppliers), or (ii) any confidential information of Movoto (and/or our licensors and suppliers).
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
1. Content Guidelines You represent that you have read and understood our Content Guidelines.
Procedure for Submitting Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact the Movoto Copyright Agent at:
San Mateo, CA 94403
Please include the following information with your claim:
Indemnification. You agree to defend, indemnify and hold harmless Movoto, its officers, directors, investors, employees, contractors, agents, successors, assigns, information providers, licensors, subsidiaries and affiliates from any and all claims arising from, or in any way related to, your use of the Service. Movoto reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Movoto, and you agree to cooperate with our defense of these claims.
Northstar MLS: For listings that came from NorthstarMLS in Minnesota, the Digital Millennium Copyright Act (DMCA) Notices: The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices and counter-notices should be sent in writing by mail to: Michael Bisping, Director of Customer Relations at Regional Multiple Listing Service of Minnesota, Inc., 2550 University Avenue West, Suite 259S, Saint Paul, MN 55114 or by email to email@example.com
The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and e-mail address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.
Claiming Profiles. You will only claim professional profiles for yourself, and you represent and warrant that the professional you are claiming is truly you. You will provide accurate, current and truthful information when you add or edit facts about yourself. You will not publish any material that is discriminatory, inflammatory, obscene, inappropriate, threatening, or libelous, or violates any laws, regulations or these T&C. This includes, but is not limited to, stating discriminatory preferences in violation of the provisions of the Fair Housing Act. You agree not to post copyrighted material without permission from the owner of the copyright. You will not disclose confidential or sensitive information. For Your Content, including but not limited to any materials you provide to Movoto or in connection with your professional profile, you irrevocably grant Movoto world-wide, non-exclusive, royalty-free, sublicensable, and transferable rights to use Your Content, including your professional profile, for any purpose. You are responsible for all actions taken or content added through your account, and Movoto will not pay you or otherwise compensate you for Your Content or any other content you provide to Movoto. Movoto reserves the right in our sole discretion to edit or remove Your Content or any other materials provided by you.
Authorization. By claiming your professional profile, you authorize Movoto to display your photos, reviews, real estate transaction activities, personal information and other information related to you, whether obtained through public services or other means or submitted by you on Movoto-affiliated websites or services.
Communications. Movoto may share the information associated with your Movoto account (including your personal information) with the social networking sites that you have linked to your Movoto account, such as Facebook, LinkedIn or Twitter social networking sites. Movoto allow professional users to link their Facebook, LinkedIn and Twitter accounts to our service. Movoto then posts for our professional users their recent activities, such as any updates, reviews or real estate transactions, to their Facebook, Twitter or other social networking accounts. By providing login credentials to such social networking sites, you agree for Movoto to share and disclose such activities on your Facebook/LinkedIn/Twitter service. You may be able to edit your privacy settings for the content that you post which appears on Facebook/LinkedIn/Twitter by making selections within those social networking sites. You also authorize Movoto to send you or your networked friends emails, text messages, or other social networking communications.
Information Display. You agree that information about you, whether provided by you or aggregated by Movoto, will be posted in public areas of the website or Movoto's affiliated websites, and will be available to anyone who visits these sites. You acknowledge that Movoto may combine and display information from various sources and that there may be discrepancies between the information gathered by the different sources. You expressly and irrevocably release Movoto from liability for any inconsistent, inaccurate or untimely information.
Entire Agreement. The T&C constitutes the entire agreement between you and Movoto and governs your use of the Service, superseding any prior agreement(s). An electronic version of this agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents generated in printed form.
Applicable Law. The T&C shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Movoto consent to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver. The failure of Movoto to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
Severability. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, you and Movoto nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the T&C shall remain in full force and effect. However, you and Movoto agree that courts should not give legal or contractual effect to the section titles themselves.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and Movoto as a result of this agreement. You also agree that there are no survivorship rights or third party beneficiaries to this agreement.
Force Majeure. Under no circumstances shall Movoto be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or other forces beyond its reasonable control, including, without limitation, fires, floods, storms and acts of God.