A. GENERAL. Kidwell
McGowan Associates, Ltd(KMAnet) hereby
grants you a non-exclusive, non-transferable, worldwide right to use the
GoRealtorGo Service, solely for your own internal business purposes, subject to
the terms and conditions of this Agreement.KMAnet reserves all rights not expressly granted to you herein. In no
event shall KMAnet be liable for any special, indirect or consequential damages
or any damages whatsoever resulting from my use of GoRealtorGo. In no event
shall KMAnet be liable for any loss of data. KMAnet does not warrant any
results from the use of this service.
B. ELIGIBLE USERS.
To be eligible to use KMAnet GoRealtorGo, you confirm that you are 18 years of
age or older and are capable of entering into a binding contract.
C. USE OF ACCOUNT.
You are responsible for all activity occurring under your User accounts and
shall abide by all applicable local, state, national and foreign laws, treaties
and regulations in connection with your use of the Service, including those
related to data privacy, international communications and the transmission of
technical or personal data.You shall:
(i) notify KMAnet immediately of any unauthorized use of any password or
account or any other known or suspected breach of security, and (ii) not
impersonate another KMAnet user or provide false identity information to gain
access to or use the Service.
D. BILLING AND
RENEWAL
KMAnet charges and collects in advance for
use of the Service. KMAnet will automatically renew and bill your credit card
every month.KMAnet' fees are exclusive
of all taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties, excluding only
United States (federal or state) taxes based solely on KMAnet' income.
You agree to provide KMAnet with complete and
accurate billing and contact information. This information includes your legal
company name, street address, e-mail address, and name and telephone number of
an authorized billing contact and License Administrator. You agree to update
this information within 30 days of any change to it. If the contact information
you have provided is false or fraudulent, KMAnet reserves the right to
terminate your access to the Service in addition to any other legal
remedies.
If you believe your bill is incorrect, you
must contact us in writing within 60 days of the invoice date of the invoice
containing the amount in question to be eligible to receive an adjustment or
credit.
D. CHANGES OF SERVICE.
KMAnet may modify certain features or look and feel of KMAnet GoRealtorGo, or
this User Agreement without notice.Any
breach of your payment obligations or unauthorized use of the KMAnet Contensive
Technology or Service will be deemed a material breach of this Agreement.KMAnet, in its sole discretion, may terminate
your password, account or use of the Service if you breach or otherwise fail to
comply with this Agreement. In addition, KMAnet may terminate a free account at
any time in its sole discretion. You agree and acknowledge that KMAnet has no
obligation to retain the Customer Data, and may delete such Customer Data, if
you have materially breached this Agreement, including but not limited to
failure to pay outstanding fees, and such breach has not been cured within 30
days of notice of such breach..
E. TERMINATION OF SERVICE.
This Agreement commences on the Date below. The Initial Term is one month.Upon the expiration of the Initial Term, this
Agreement will automatically renew for successive renewal terms equal in
duration to the Initial Term at KMAnet's then current fees.Either party may terminate this Agreement,
after 30 days, by notifying the other party in writing.In the event this Agreement is terminated
(other than by reason of your breach), KMAnet will make available to you a file
of the Customer Data within 30 days of termination if you so request at the
time of termination.You agree and
acknowledge that KMAnet has no obligation to retain the Customer Data, and may
delete such Customer Data after termination.
You acknowledge that you understand and agree to
be bound by the terms and conditions of this User Agreement