Michigan Listing.com provides this internet web site and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms “we”, “us”, or “our” refer to Michigan Listing.com. “You” refers to all users of the web site. “Sellers” refers to users who list their properties for sale on the web site. 1. ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS Michigan Listing.com may change the Terms from time to time without prior notification to you. Each time you access the web site you will be governed by the Terms then in effect. All of such changes will be posted on the Michigan Listing.com home page. If you object to such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services. 2. MODIFICATIONS TO THE SERVICES We reserve the right to modify or discontinue (temporarily or permanently) the Services (or a part thereof) with or without notice to you. We shall not be liable to you or a third party if we exercise our right to modify or discontinue the Services. If you object to such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified. 3. PRIVACY As part of the registration process, Sellers will be asked to provide certain personal information to us. You acknowledge, consent and agree that Michigan Listing.com 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 Terms; (c) respond to claims that 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 Michigan Listing.com, its users and the public. All uses of such personal information will be in accordance with the provisions of our Privacy Policy. 4. YOUR LISTING, PASSWORD AND SECURITY Sellers may be assigned individual listing numbers and passwords. You are responsible for maintaining the confidentiality of your listing number and password and you are solely responsible for all activities that occur under your listing number and password. You agree to immediately notify us of any unauthorized use of your listing number and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR LISTING NUMBER AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. 5. YOUR RESPONSIBILITIES In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services. You agree not to use the Services to do any of the following: 5.1.1. violate any local, state, national or international law; 5.1.2. stalk, harass or harm another individual or communicate with such individual after being advised to cease any such communications; 5.1.3. collect, harvest or store personal data about other users including email addresses or contact Sellers for any purpose other than responding to the content posted by such Sellers; 5.1.4. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; 5.1.5. interfere with or disrupt the Services or servers or networks connected to the Michigan Listing.com Web site or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Michigan Listing.com web site; and 5.1.6. upload, submit, post, store or transmit any (a) content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs, for example, worms, Trojan horses, cancel bots, time bombs and the like, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) unsolicited advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain letters or the like; (e) surveys that have not been approved or cleared by us; or (f) contests or games of chance. 6. YOUR RESPONSIBILITIES IN REGARD TO PROPERTY LISTINGS (if applicable): 6.1 ANY Seller who registers for the “Michigan Monthly Plan”, if available, is responsible for paying monthly subscription fees according to the following terms: the cost is $39.95 per month, users who choose the monthly plan will be automatically re-billed to their credit card every thirty days from the date the ad is placed until the customer cancels the ad. Payment for a monthly listing shall be made by automatic credit card debit. Users can cancel their listing online or can send a cancellation request via e-mail at least 1 business day prior to renewal date. Direct all cancellation requests to: support@MichiganListing.com 6.2 ANY Seller or Landlord who registers for the FREE Michigan Listing Plan shall NOT be billed a one-time flat fee of $199.00, unless otherwise noted with which entitles Michigan Listing.com to maintain the property listing for a period of three (3) months. The Seller is responsible for notifying Michigan Listing.com of the sale of the property so to remove the listing from the web site. Virtual tours are available for purchase at $100.00 per each property, wherever available. 6.3 ANY Seller or Landlord who registers for the EZ-Listing Plan or EZ-Rental Plan will be billed a one-time flat fee of $ 495.00 which entitles the Seller or Landlord to maintain the property listing on the Website for a period of six (6) months with a Free virtual tour (available only with the EZ-Listing Plan) and the Seller or Landlord will have his property listed on an available local multiple listing service for six months accessible by real estate brokers in the area. If you register for the MLS Service, you acknowledge that the Michigan Listing.com web site listing and MLS listing are sold together as one program. MLS Listing applications must be submitted promptly after receipt. Michigan Listing.com is a licensed real estate broker and all listings are handled by Michigan Listing.com. All MLS listings require a buyer's agency commission equal to no less than 3% of the sales price if a real estate broker assists you to find a buyer. This is not a solicitation for a listing broker if your property is already listed with a broker. All Michigan Listing.com customers are responsible for correctly completing all paperwork necessary and applicable to their local Multiple Listing Services prior to their ad becoming viewable in their local MLS. There may be a delay (usually 1 to 4 business days) in the activation of the MLS Listing. Please consult Michigan Listing.com for further details. In addition, the Seller will receive the use of a yard sign and an agent lockbox. The Seller is responsible for notifying Michigan Listing.com of the sale of the property. Extensions to this plan may be ordered at $250.00 for an additional six (6) month listing governed by above. Virtual tours are available for purchase by Landlords for $100.00 each property. 6.4 ANY Seller or Landlord who registers for the EZ-Listing or EZ-Rental plus Realtor.com Plans will be billed a one-time flat fee of $ 595.00 which entitles the Seller to maintain the property listing on the Website for a period of six (6) months with a free virtual tour (available only with the EZ-Listing Plan) and the Seller or Landlord will have his property listed on an available local multiple listing service for six months accessible by real estate brokers in the area. If you register for the MLS Service, you acknowledge that the Michigan Listing.com web site listing and MLS listing are sold together as one program. MLS Listing applications must be submitted promptly after receipt. Michigan Listing.com is a licensed real estate broker and all listings are handled by Michigan Listing.com. All MLS listings require a buyer's agency commission equal to no less than 3% of the sales price if a real estate broker assists you to find a buyer. This is not a solicitation for a listing broker if your property is already listed with a broker. All Michigan Listing.com customers are responsible for correctly completing all paperwork necessary and applicable to their local Multiple Listing Services prior to their ad becoming viewable in their local MLS. There may be a delay (usually 1 to 4 business days) in the activation of the MLS Listing. Please consult Michigan Listing.com for further details. In addition, the Seller will receive the use of a yard sign and an agent lockbox. The Seller is responsible for notifying Michigan Listing.com of the sale of the property. Extensions to this plan will be billed at $250.00 for an additional six (6) month listing governed by above. Virtual tours are available for purchase by Landlords for $100.00 each property. 7. THIRD PARTY CONTENT AND MONITORING We are a distributor (and not a publisher) of Content supplied by third parties and users of the Services. Accordingly, we have no editorial control over such Content. ANY opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of Michigan Listing.com. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Michigan Listing.com Web site by such parties. By posting, inputting or otherwise submitting information to our web site, you are representing you are the rightful owner of such information and are granting us the right, license and privilege to use such information or data in any way we deem appropriate. We have the right, but not the obligation, to monitor and review the Content on the Michigan Listing.com Web site and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms that we believe may create liability for us, or that we deem otherwise objectionable. 8. DEALINGS WITH PARTNERS AND ADVERTISERS Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT Michigan Listing.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES. 9. EXTERNAL LINKS Our provision of a link to any other Web site or location is for your convenience and does not signify our endorsement of such other Web site or location or its contents. ANY concerns you may have regarding any external link should be directed to that link’s Web site administrator or webmaster. Michigan Listing.com SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION. 10. NO SPAM We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement. 11. USE AND STORAGE You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. 12. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only. 13. TERMINATION You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time. 14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE Michigan Listing.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Michigan Listing.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Michigan Listing.com OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO: 15.2 the use or the inability to use the Services; 15.3 the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services; 15.4 unauthorized access to or alteration of your transmissions or data; 15.5 statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights; 15.6 your failure to adequately safeguard your password or access to the Services; 15.7 any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services; 15.8 termination of your access to or use of the Services as provided herein; 15.9 the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services; 15.10 any modification, suspension or discontinuance of the Services (or any part thereof) or these terms; 15.11 use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and 15.12 any other matter relating to the Services or these Terms. 16. 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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. 17. INDEMNIFICATION You agree to indemnify, defend and hold harmless Michigan Listing.com, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account’s) use of the Services, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the Michigan Listing.com Web site or other Services. 18. TRADEMARKS Certain of the names, logos, and other materials displayed on the Michigan Listing.com Web site and in and through the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Michigan Listing.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. 19. COPYRIGHTS; RESTRICTIONS ON USE The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by Michigan Listing.com or its licensors (the “Content”), is copyrighted by Michigan Listing.com and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by Michigan Listing.com or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Michigan Listing.com and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. 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. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Michigan Listing.com or advertisers, 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. Michigan Listing.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Michigan Listing.com for use in accessing the Service. 20. LICENSE You hereby grant to Michigan Listing.com and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the Michigan Listing.com Web site or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us. 21. MISCELLANEOUS The Terms constitute the entire and exclusive and final statement of the agreement between you and Michigan Listing.com with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and Michigan Listing.com with respect to the subject matter hereof. The Terms and the relationship between you and Michigan Listing.com shall be governed by the laws of the State of Michigan as applied to agreements made, entered into and performed entirely in Michigan by Michigan residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Michigan County, Michigan and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Service of Process in any such action may be affected either by certified mail, return receipt requested or by recognized national private carrier where you or your authorized agent accepts delivery of such service of process. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 that the other provisions of the Terms remain in full force and effect. 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. 22. VIOLATIONS Please report any violations of the Terms to us at support@MichiganListing.com.
I have read and agree to the Terms of Service listed above.
