Effective Date: 6/1/14
1. Advantages of 10MinRealty
The business of real estate involves a Property, a Buyer, a Seller and respective agents. Why 10MinRealty? To revolutionize how real estate is done, making it consumer centric and on demand, the wave of the future. -A potential Buyer drives around a residential area where he/she wants to live. He sees a house for sale that catches his attention. -The for sale sign has the listing agent’s number, which he calls…..no answer. -Buyer gets frustrated and tries to find a Realtor to work with who could show him the house he likes. This becomes a frustrating and time consuming endeavor. Buyer leaves…has a transaction been lost? -Buyer locates an agent thru more traditional methods – sometimes days pass before the Buyer can view the property based on compatibility of the agent and buyer schedule. – the 10MinRealty advantage -Potential Buyer sees a property while driving around the neighborhood he likes.-He sees a Realtor sign and a rider that prompts him to download the app. -Buyer turns to the 10MinRealty app- With a quick login buyer takes a picture of the house. GPS locates exactly where the buyer is and displays the address of the house for sale or for lease.-A radar map appears locating multiple agents in the vicinity. The first agent to accept the invitation to show the house is given the address and buyer information.-Voila, Realtor arrives within 10 minutes, shows the house, establishes the relationship with the new client, writes an offer and the house sells, or takes the client to another house. The Buyer is happy because he feels like his needs where met fast and efficiently and that he is an active member of the home search team.
Buyer just found a good Realtor, Realtor just entered into a relationship with a new client. WIN-WIN! Client centered * efficient * a new way to do Real Estate * Mobile * Interconnected * Immediate fulfillment .
With 10MinRealty, brokers and agents control when they receive leads, providing a way to monetize their day by setting their own schedule for when they choose to make themselves “available” to receive showing requests.
2. License Terms
Our mobile app is designed for devices using the iOS, Android, and Windows Phone operating platforms. The iOS app may be downloaded from the App Store, which is operated and owned by Apple Inc.; the Android app may be downloaded from Google Play, which is owned and operated by Google Inc.; and the Windows app may be downloaded from the Windows Phone Store, which is owned and operated by Microsoft, Inc. Please note that it is your responsibility to ensure your mobile device meets all of the necessary technical specifications to enable you to access and use our app.
For home buyers, We grant to You a non-exclusive license to install the mobile app on the device of your choosing and use the mobile app solely for the purpose of obtaining viewings of homes for sale from available agents. For agents, We grant to You a non-exclusive license to install the mobile app on the device of your choosing and use the mobile app solely for use in your real estate business and only while you are a licensed real estate agent. Any alteration, modification, distribution, making publicly available, sharing through any information network or any other passing on of the mobile app (or any part of it) is not permitted. Therefore, You are not allowed to transfer, assign, sub-license, sell, lease, rent or otherwise distribute the mobile app or any part of it. In no event and under no circumstances, shall Your use include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the mobile app, except to the extent expressly authorized by law, or use the underlying mobile app architecture. If You breach this restriction, You may be subject to prosecution and damages. These terms will govern any upgrades provided by Us that may replace and/or supplement the mobile app, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You acknowledge and agree that the mobile app may include certain third party open source components. ALL SUCH SOFTWARE COMPONENTS ARE PROVIDED “AS IS” BY SUCH THIRD PARTY AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED BY SUCH THIRD PARTY. IN NO EVENT SHALL SUCH THIRD PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR MISUSE OF SUCH THIRD PARTY SOFTWARE COMPONENTS.
You represent that You are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of the United States or other applicable jurisdictions. You represent that the information You provide to us is accurate, complete, and up to date. You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is offensive, vulgar, or obscene.
4. Billing, Cancellation, and Refunds
We accept payment for purchase of subscription packages via credit card, PayPal and bank checks. We will automatically charge Your credit card or other payment mechanism monthly or each time You purchase a subscription package. If any fee is not paid in a timely manner, or We are unable to process Your transaction using the credit card or other payment method provided, We reserve the right to suspend or revoke access to Your account. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods of time.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give You at least two weeks (14 days) advance notice of these changes by email. If You want to use a different credit card or payment method or if there is a change in the validity or expiration date of Your credit card or other payment mechanism, You may edit Your information by accessing Your account page. If Your credit card or other payment mechanism reaches its expiration date, Your continued use of the Service constitutes Your authorization for Us to continue billing that credit card or other payment account, and You remain responsible for any uncollected amounts. It is Your responsibility to keep Your contact information and payment information current and updated.
Unless You notify Us before the end of the applicable subscription period that You want to cancel, Your subscription will automatically renew and You authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment method We have on record for You. Your subscription can be canceled at any time in Your account dashboard.
5. Your Content
6. Private Content
The following terms and conditions apply to Content that You allow Us to access and index, but that You do not share with other users: You grant Us permission to upload Content to Our servers as necessary to perform the Service. Our indexes and Your Content may be copied to our servers to aid in the performance of indexing and sharing of the Content with others quickly and efficiently. When You activate Your account, We will access and index Content from Your devices.
7. Removal of Content
We may remove any Content and suspend or terminate any accounts at any time for any reason (including, but not limited to, when We receive claims or allegations from third parties or authorities relating to such Content), or for no reason at all. We may also impose limits on certain features and services or restrict Your access to parts or all of the Service, or any Content, without notice or liability.
9. Social Media and Third Party Sites
10. Use Restrictions
You represent and warrant that You will not use the mobile app or Service to: Extract information from any MLS website using any web scrapping, web harvesting or web data extraction technique. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Abuse, harass, threaten, impersonate stalk or intimidate other users. Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent. Use any robot, spider, site search/retrieval app, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the presentation of the mobile app, the Service or their contents. Interfere with or disrupt the Service, the mobile app or the servers or networks connected to them. Exploit anyone in a sexual or violent manner. Solicit personal information from anyone under 13. Harm minors in any way. Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the mobile app or Service, or attempt to impersonate another user, person or entity. ”Frame” or “mirror” any part of the mobile app or Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the mobile app or Service in order to direct any person to any other websites for any purpose. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the mobile app or Service, or cause others to do so. Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Provide false, inaccurate or misleading information on the Service (directly or by omission or failure to update information). Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user. Create or send unsolicited email or other electronic communications. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. Upload, post, email, transmit or otherwise make available any material that contains software viruses Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs designed to interrupt, destroy detrimentally interfere with or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information. Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops). Advertise to, or solicit, any user to buy or sell any third-party products or services. It is also a violation of these rules to use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent. Intentionally or unintentionally violate any applicable local, state, national or international law. Additionally, You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on Our infrastructure, or bypass any measures We may use to prevent or restrict access to the mobile app or Service. We reserve the right, but are not obligated to, investigate and terminate Your participation in the Service if You have misused the mobile app or the Service, or violated any of the restrictions above.
11. No Warranties
12. Limitation of Liability
13. Term and Termination
14. Audit Rights
15. Intellectual Property Rights
All Intellectual Property Rights in and to the mobile app and Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the mobile app or Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the mobile app or Service.
16. E-mail and Text Communications
E-mail communications and text messages sent from Us to You are designed to make Your experience more efficient. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available shares and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If You do not wish to receive any of Our e-mail communications or text messages, You shall have the opportunity to opt out of receiving communications from Us (excluding messages targeted directly at You about matters regarding the state of Your account, billing, or Your continued use of the Service).
17. Surveys and Feedback
We may periodically present You with surveys or solicit Your opinion about the mobile app or Service. You acknowledge that Your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to Us through these surveys, any suggestion or feedback web pages, or through any other communication with You, You acknowledge and agree that: (a) the suggestions or feedback You provide will not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback You provide; (c) We shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback You provide for any purpose, in any way, in any media worldwide (without disclosing Your identity); (d) We may have similar ideas to the suggestions and feedback You provide already under consideration or in development; (e) the suggestions and feedback You provide will automatically become Our property without any obligation to You; and (f) You are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
18. DMCA, Copyright and Other Complaints
We promote respect for the Intellectual Property Rights of others in all of Our business endeavors and strictly prohibit users from uploading infringing Content to the mobile app or Service. We may, in Our sole discretion, remove Content that appears to infringe on the Intellectual Property Rights of others. It is Our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of users who are repeat infringers in appropriate circumstances.
19. DMCA Notification
You may notify Us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA. In order to notify Us of a copyright infringement claim pursuant to the DMCA, You must include: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works; a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the material, including a URL address; Your address, telephone number, and, email address; a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury by You that the information in the notification is accurate, and that You are authorized to act on behalf of the owner of the copyright involved. The notice described above should be sent to our designated representative at _______________. Please note that in order to facilitate resolution of the dispute, We may provide Your contact information to the user or entity that posted the content that You are reporting; or in the event that You are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that You may be liable for damages (including costs and attorneys’ fees) if You knowingly and materially misrepresent that material or an activity is infringing Your copyright.
Complaints In addition, if You reasonably believe that Content made available through the mobile app or Service infringes Your rights, please email 10MinRealty at firstname.lastname@example.org.
21. Alpha and Beta Release Versions
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
24. Force Majeure
We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, or electronic failure or degradation (including “line-noise” interference).
27. Governing Law
29. Entire Agreement
Invalidity If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions hereof nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves to the extent possible the original purpose and commercial goal of the invalid provision.
31. Export Control
You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce or any other United States or foreign agency or authority, and agree not to export, or allow the export or re-export of the mobile app or any Content in violation of any such restrictions, laws or regulations or unless and until all required licenses and authorizations are obtained to the countries specified in the applicable U.S. Export Administration Regulations (or any successor supplement or regulations). By downloading or using the mobile app or Service, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any restricted country or on any such list.
Contact Us : TMR@10minrealty.com
Call Toll Free: (844) 551-9918
10 Minute Realty, LLC