TextMyMLS has a network confirmation opt in solution in place for anti-spam. We we do not condone unsolicited messages, notifications, alerts or any message that you may receive from someone who should not have your address or mobile number.
If you have received an unsolicited message, which you would like to report to TextMyMLS, please send us an email at firstname.lastname@example.org
Please include you mobile number, the date and time you received it and the contents of the message (if possible) when completing the email.
By requesting information from TextMyMLS, you are agreeing (opting in) to receive a one time text message and follow up phone call. Under no circumstance will you receive more than one text message or be added to any text spam list. However we do transmit your cell number to our client (the advertiser) once you have opted in so they can follow up on your inquiry unless you opt-out. Your wireless carrier and other service providers also collect data about your text usage, and their practices are governed by their own privacy policies.
Terms of Service
All Web Site Users:
It is agreed by logging into the Text My MLS web site that you agree to the terms of the sites and confirm that we have full authority to execute this Agreement. You are agreeing to the execution of this agreement and are bound by this Agreement.
All of the information I have provided to this web site is true and complete. I authorize Text My MLS to forward my information to its network of industry contacts. In the event it is discovered that user has provided false information to obtain access to web site we reserve the right to recover damages and file possible criminal charges
Please! No Sharing of User Access- As part of data back up and data security compliance our security randomly track the users IP address, log in time, log out time, page views, edits, added or delete information. The system will detect unusually activity and may suspend the user access and send a security breach alert to our IT administrator that a user id has been suspended.
Text My MLS uses SSL secure technology to protect your data and transmissions between you, Text My MLS and 3rd parties.
Text My MLS does not list or sell homes or originate commercial loans.
You the user authorize Text My MLS to forward your information to the home buyers who request information on properties that are inputted into the Text My MLS web site. You also agree to allow other professionals who request information. You further understand and agree that by applying or contacting and selecting a Text My MLS as your text marketing company, you are extending an express invitation for ext My MLS to contact you by email or by phone by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright 2007, Text My MLS
DISCLAIMERS AND LIMITATIONS
Text My MLS makes every effort to see that all the information contained in this Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Text My MLS at any time. This web site and the information and services associated with it are provided "as is" use of the web site is at your own risk. Text My MLS and/or its suppliers or commercial mortgage and real-estate professionals are not liable for any direct or indirect, punitive, incidental or consequential damages or other injury arising out of or in any way connected with the use of this web site or with the delay or instability of this web site, or for any information, products and service obtain through this website, or otherwise arising out of the use of this web site, where resulting in whole or part from breach of contract, negligence, strict liability or otherwise, even if Text My MLS and/or its agents/suppliers advised of the possibility or damages. Some jurisdictions do not allow this exclusion and therefore this may not apply to you.
The telephone numbers, fax numbers, and email addresses contained on this website are made available solely for the use and convenience of those persons or entities with which we do business on a regular basis and our customers/clients. The telephone numbers, fax numbers and email addresses contained on this website are not being made available to any person or entity for the purpose of sending unsolicited fax or email .advertisements and are not to be used for such purposes. By accessing this website you agree not to use the telephone numbers, fax numbers, or email addresses contained herein for the purpose of sending unsolicited advertisements. Text My MLS hereby expressly advises you that you DO NOT have its express invitation or permission to send any unsolicited advertisements to any of the telephone numbers, fax numbers, or email addresses contained on this website.
As a condition of use of this Web site, you agree to indemnify from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Text My MLS does not operate or control in any respect any information, software, products or services available on such web sites. Text My MLS's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its organization.
These rules are in place to protect the end users to the software. Text My MLS manages 1,000's of users nationwide and by allowing resellerís unrestricted access and administration rights to our software in the states they purchase annually or monthly termination is the resellerís responsibility and by signing up and accessing the web site you are agreeing to the terms below and TOS for the use of the Text My MLS software.
The reseller is responsible for cancelling their software subscription by mailing the termination via certified mail to Text My MLS or emailing a notarized termination letter.
Software license termination letters must be submitted within 60 days of the annual expiration or date they choose. Otherwise, they will automatically renew at guaranteed protected subscription price or current market price if billed manually. Text My MLS reserves the right to renew at full market price if a 60 day termination letter has not been submitted. Again, if you signed up under a promotional pricing and did not cancel per the agreement you will be billed the current market standard price and no refunds will be giving, as this as website access and software is intangible product. These written and notarized notices shall be sent via mail or to email@example.com of their intentions to terminate their agreement with Text My MLS 60 days prior to renewal date.
During this 60-day period, you agree to copy and include firstname.lastname@example.org in all communications with users notifying the users that you are terminating your reseller agreement and introducing the users to our support staff. This is to insure a smooth transition of the customer base. All marketing material, sales person agreements and all Text My MLS all documentation should be forwarded to email@example.com.
The reseller is not to delete or change any listing information within the website after their notice to terminate. The client list remains the property of Text My MLS per the NCND and TOS not to solicit any users. You agree and accept these terms and acknowledge them by logging into the web and accessing the software, confidential privileged data on the Text MY MLS web site.
ERRORS AND DELAYS
Text My MLS is not responsible for any errors or delays in responding to a referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
This agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts of Texas, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. This agreement and if applies Broker Agreement constitutes the entire agreement between you and Text My MLS and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Text My MLS with respect to this Web site and information, software, products and services associated with it. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Any claim or controversy arising out of or relating to the use of Text My MLS services, to the goods or services provided by Text My MLS, or to any acts or omissions for which you may contend Text My MLS is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Texas. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Text My MLS. The arbitration cost will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Texas. Other than damages for circumventing, violated the NCND agreement and disclosing privileged web sites lenders and technology of Text My MLS, the arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the join or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. This agreement provides that all disputes between you and Text My MLS will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate or bring class action. Your rights will be determined by neutral arbitrators and not by judge or jury. The Parties agree that all nonpublic information about their respective business operations and the principles of those businesses is confidential information belonging to the respective Party. For purposes of this Agreement, "Confidential Information" means any type of written or oral information or material concerning either Party which is disclosed to the other Party and which are not generally known to the public. "Confidential Information" 'includes, without limitation, any business or financial information which relates to business models, contracts, prospective purchasers, leases, business operations, properties, trademarks, trade secrets, designs, procedures, accounting, merchandising and selling, business plans or strategies, marketing plans, contacts, sources and shareholder or investor lists.
NON-DISCLOSURE, NON-CIRCUMVENT AND NON-SOLICITATION MUTUAL AGREEMENT:
1) Each Party agrees that at all times it will hold in strict confidence and not disclose to any third Party Confidential Information of the other, and will use the Confidential Information for no purpose other than evaluating or pursuing a business relationship with the other Party to this Agreement. Each Party shall only permit access to Confidential Information of the other Party to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. Confidential Information shall not be reproduced in any form except as required to accomplish the intent of this Agreement. Any reproduction of any Confidential Information of the other Party by either Party shall remain the property of the disclosing Party and shall contain any and all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by the other Party.
2) The Party that receives Information, whether of a confidential or public nature, will not use that information to circumvent the other Party in order to deal directly with sources, contacts, consultants, employees, customers, funding sources, brokers, etc. of the other Party. This excludes any companies, contacts, lenders, banks that any party of this agreement already had a relationship or contact. This includes any communication with referred clients or borrowers not be solicited for future business without written authorization specifically naming the client or borrower. All communication from past clients or borrowers must be directed back to the referring party PROVIDED that the referring party is still in business AND is easily communicated with. Should a party change address, phone numbers or email addresses it is up to that party to notify the other party so that seamless communication can be maintained. If any party to this agreement goes out of business, changes the mission of the business or fails to communicate changed contact information to the other party then this agreement ends and no party will be required to continue to work with the other party when contacting lenders and or clients.
3) Each Party's obligations under this Agreement with respect to any portion of the other Party's confidential Information shall terminate when the Party to whom Confidential Information was disclosed can document that: (a) it has entered the public domain through no fault of either party; (b) it was in the partyís possession free of any obligation of confidence at the time it was communicated to the other Party; (c) it was rightfully communicated to the party free of any obligation of confidence subsequent to the time it was communicated to the party by the other Party; (d) it was developed by the party independently of and without reference to any information communicated to the party by the other party; or (e) disclosure of such Confidential Information is necessary in response to a valid order by a court or other governmental body, is otherwise required by law, or is necessary to establish the rights of either Party under this Agreement.
4) Upon termination or expiration of this Agreement, or upon written request of the other Party, each Party shall promptly return to the other all documents and other tangible materials representing the other's confidential Information and all copies thereof. However, be it known that most information held by either party is in digital format and therefore each party is expected to delete confidential information of the other party upon termination or expiration. Each Party shall immediately notify the other upon discovery of any loss or unauthorized disclosure of Confidential Information of the other Party.
5) The Parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other Party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information. Neither Party shall communicate any information to the other in violation of the proprietary rights of any third Party.
6) The partyís obligations under this Agreement shall survive termination of the Agreement between the parties and shall be binding upon the heirs, successor and assigns of each party. The partyís obligations hereunder shall continue in full force and effect with respect to non-technical sales, marketing, and financial Confidential Information for five (5) years from the Effective Date of this agreement which is determined by the date of your final log in to the site which is stored in our admin profile.
7) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to conflict of laws principle.
8) Each Party acknowledges that its breach of the Agreement will cause irreparable damage and hereby agrees that the other Party shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the Emits of applicable law or applicable court decisions.
PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS