TERMS OF SERVICE
Welcome to TextMyMLS!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (this “Website”). By accessing this Website and/or by purchasing goods and/or services on this Website you agree to be bound by the Terms of Service (“TOS”) below and all applicable laws and you acknowledge these Terms of Service constitute a binding agreement between you and TextMyMLS. These Terms of Service are subject to change at the sole discretion of TextMyMLS at any time. Changes made by TextMyMLS will be incorporated into the Terms of Service posted to this Website from time to time. If you do not agree with or cannot comply with these Terms of Service, please do not access or use this Website.
1. ACCEPTANCE OF TERMS OF SERVICE
TextMyMLS itself and resellers/ agents provides its products and/or services to you, subject to the following Terms of Service ("TOS"), which may be updated by TextMyMLS from time to time with notice provided to you via e-mail. You may review the most current version of the TOS at any time at: www.TextMyMLS.com All such guidelines or rules are hereby incorporated by reference into the TOS.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or TextMyMLS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TextMyMLS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
2. ENTIRE AGREEMENT
These Terms of Service apply to all of your use of this Website and any and all online purchases from this Website and may NOT be altered, supplemented, or amended by you in any way. These Terms of Service constitute the entire agreement between you and TextMyMLS itself agents/resellers and govern your use of the Service, supersede all previous written or oral agreements between you and TextMyMLS with respect to such subject matter. Any attempt to alter, supplement, or amend this document or to enter an order for product(s) or service(s) which is subject to additional or altered Terms of Service will be null and void, unless otherwise agreed to in a written agreement signed by both you and TextMyMLS. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other TextMyMLS services.
You acknowledge that these Terms of Service are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Service and receipt of data, materials and information available at or through the Service.
4. DESCRIPTION OF SERVICE
TextMyMLS provides an efficient and innovative method to transmit real property information by means of SMS text messaging, administered through an easy-to-use web site (the "Service") to real estate professionals, homeowners, and mortgage professionals.
TextMyMLS attempts to describe its products and/or services as accurately as possible. However, TextMyMLS does not warrant that the product and/or service descriptions or other Site Content are accurate, complete, reliable, current or error-free. If a product and/or service offered by TextMyMLS itself is not as described, your sole remedy is to return it in unused condition.
By utilizing TextMyMLS’ Service, you understand, acknowledge, and agree that the Service may include communications from TextMyMLS to you via email , such as service announcements and administrative messages, and that these communications are considered part of TextMyMLS membership and you may not opt out of receiving them. Unless otherwise agreed to in writing, any new features that modify the current Service in any way, shall be subject to the TOS. You understand, acknowledge, and agree that the Service is provided "AS-IS" and that TextMyMLS assumes no responsibility for timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining a means to access the Service on the internet and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for any and all third party fees, including those fees associated with the display or delivery of advertisements. In addition, you understand, acknowledge, and agree that you must provide and are responsible for all equipment necessary to access the Service.
When you visit TextMyMLS or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Sign riders may be available for a fee up to $20 per rider, plus shipping and handling.
5. RIGHT TO DENY ACCESS
We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of the Terms of Service.
6. ACCURATE TRANSMISSIONS
Visitors are responsible for providing accurate information in connection with a visitor's participation and/or use of this website. Your participation in our website activities and/or Service subscription may be canceled if, at any time, we discover that you provide false information over our website or otherwise to us or our website contract providers, sponsors or to other TextMyMLS Entities. We may also pursue any legal remedies or damages following discovery of false transmissions.
7. FEES AND COSTS
Pricing and fees will vary per state. There may be a one time set up fee to join TextMyMLS. You shall pay to TextMyMLS the following fees for products and/or services:
TextMyMLS uses a tiered pricing structure, depending on the number of codes leased. Currently, the base pricing structure is listed on web site. Additional inquiries are .15 cents each. Fees for additional inquiries will be billed to your account monthly. A set up fee and text deposit of $15 per code may be added to your first bill. (An inquiry is made up of text messages between the inquirer and TextMyMLS and between TextMyMLS and you, the agent.)
All fees are paid monthly via credit card,check or PayPal. We will email you "eBills" each time your credit card is charged. By using this service, you agree to allow TextMyMLS to charge your credit card for fees incurred.
8. PAYMENT AND BILLING
You agree to pay TextMyMLS for Products and Services without deduction, setoff or delay for any reason. At any time, TextMyMLS may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize TextMyMLS to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due immediately upon receipt of invoice, in U.S. currency. You will be responsible for reimbursing TextMyMLS for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. A $75 late will be applied if TextMyMLS does not receive payment by the due date, you also may be charged interest on any unpaid balances at the rate of up to one and one half percent (1 1/2%) per month or the maximum rate allowed by law. IF YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY TextMyMLS IN WRITING OF THE DISPUTE WITHIN 30 DAYS OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.
TextMyMLS requires certain information to provide its service, such as credit card numbers, cell phone numbers and billing addresses. TextMyMLS will never release your information to anyone for any reason without prior approval by you, unless required by law. As part of its service, TextMyMLS collects the phone numbers of prospective buyers that access information via text message (SMS).
10. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of passwords and other account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TextMyMLS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TextMyMLS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You further agree to indemnify and hold TextMyMLS harmless from any claim, action or damages arising out of your improper use of or failure to keep your password or account information confidential.
11. MEMBER CONDUCT
You agree to not use the Service to:
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;
harm minors in any way;
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);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge that TextMyMLS may or may not pre-screen Content, but that TextMyMLS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, TextMyMLS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that TextMyMLS may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TextMyMLS, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by TextMyMLS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to indemnify and hold TextMyMLS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree to defend, indemnify and hold harmless TextMyMLS and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (1) your use or misuse of the Website, (2) your performance or failure of performance under these Terms of Service and any direct or indirect results thereof, (3) your lawful or unlawful acts or omissions relating to the purchase of any items or services on this Website, (4) breach of any of your warranties or representations herein, (5) your failure to comply with any applicable laws, and/or (6) your failure to comply with any provision contained in these Terms of Service.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
14. MODIFICATIONS TO SERVICE
TextMyMLS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TextMyMLS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TextMyMLS may, under certain circumstances and without prior notice, immediately terminate your TextMyMLS account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your TextMyMLS account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, text associated to codes, activity reports and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in TextMyMLS's sole discretion and that TextMyMLS shall not be liable to you or any third-party for any termination of your account or access to the Service.
16. TEXTMYMLS'S PROPRIETARY RIGHTS
(i) You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by TextMyMLS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Client shall not attempt to disassemble, decompile or reverse engineer, duplicate, replicate or create a derivative work based upon the Applications, or any portion thereof. Client may not distribute copies of the Documentation to any outside organizations or other third parties without prior expressed written permission. Client may not use the Applications in any manner other than as permitted in this Agreement. Client may not rent or lease the Applications to any third party, nor may Client transfer, assign, sell or resell the Applications or accompanying written materials to any third party
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEXTMYMLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TEXTMYMLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXTMYMLS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXTMYMLS 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, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEXTMYMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. Collection of Data; Back-up of Data. TextMyMLS shall collect on behalf of Client data regarding the users of the Applications and periodically transmit to Client such data. TextMyMLS is not responsible for, and Client hereby agrees to indemnify and hold TextMyMLS harmless for, the storage or dissemination of such data by Client. Client shall maintain as it deems appropriate back-up copies of all data transmitted to Client as a result of the Applications. TextMyMLS is not responsible for any storing or back-up of such data.
19. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
TextMyMLS may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
You understand, acknowledge, and agree that the TextMyMLS logo trademarks and service marks and other TextMyMLS logos and product and service names are trademarks exclusively belonging to TextMyMLS (the "TextMyMLS Marks"). TextMyMLS grants you limited permission to use the TextMyMLS marks on advertising brochures, sign riders and other real estate-oriented marketing campaigns. All other uses not associated with improving your real estate business are expressly prohibited without the prior written approval of TextMyMLS.
23. CHOICE OF LAW AND FORUM
The TOS and the relationship between you and TextMyMLS shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and TextMyMLS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ft. Bend, Texas.
24. WAIVER AND SEVERABILITY OF TERMS
The failure of TextMyMLS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
25. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your TextMyMLS account is non-transferable and any rights to your TextMyMLS or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
26. STATUTE OF LIMITATIONS
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. SECTION TITLES
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to TextMyMLS to firstname.lastname@example.org