Terms and Conditions of Purchase
Acceptance of Terms and Conditions of Purchase
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), create a contract between you and Aculist (“Company,” “we,” “our,” or “us”) and govern your purchase and use of Aculist Market Reports (the “Products”).
Information Collection and Use
The information we collect on or through our website or via MLSListings, Inc. may include:
- Information that you provide by filling in forms on our website. This includes information provided at the time of registering to use our website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our website.
- Details of transactions you carry out through our website and of the fulfillment of your orders. You will be required to provide financial information before placing an order through our website. This includes your credit card information, name, and billing address.
Aculist is the sole owner of the information collected on the Aculist websites. We do not sell, share or rent this information other than as disclosed in this statement. At no time does Aculist collect information from customers other than information customers voluntarily give to us.
All payments to us are done through our third party billing system. You will be asked to supply certain information relevant to your transaction including your credit card information and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to save such information in our records for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You can request that we delete your records at anything by contacting firstname.lastname@example.org.
Price and Delivery
The Company agrees to sell Aculist Market Reports, subject to the Terms and Conditions of this agreement, for the total purchase price listed on page one (1) of the order landing page. Pricing is subject to change at the Company’s discretion.
The Company will deliver the Products by electronic mail in “portable document format” (“pdf”) within 1 hour after the receipt of the purchase price in full to the email address specified by You in Your MLSListings subscribers profile. In the event that you do not receive the Products within 1 hour after your purchase, you can follow up with our support team at email@example.com for further assistance.
Intellectual Property Rights and Acceptable Uses
The Products and their entire contents, features and functionality, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Products for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any part of the Products’ content, except as follows: you may, use or copy the content of the Products for personal use only, so long as you give attribution to Aculist. However, you must not modify the Products to include the branding or contact information of another agent.
Content and Trademarks
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Our Products are available for purchase only for your own personal use; resale of goods purchased from the Website is prohibited. This resale prohibition is a material condition to your rights under the Terms and Conditions, and it is agreed that any direct or indirect distribution, transshipment and/or sale of Products purchased from the Company, or others purchasing through you, will be a material breach of these Terms and Conditions, and will result in irreparable harm to us for which money damages will not be adequate. In the event of such breach, the parties agree that in addition to any other remedies we may have at law and/or in equity, we will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.
WE ASSIGN THE PRODUCTS TO YOU “AS IS,” AND THE COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCT, INDCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR MERCHANTABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Products, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Failure of the Company to make any delivery when due, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of the Company, including without limitation, fire, explosion, flood, drought, adverse weather conditions, war, riots, civil insurrection, terrorism, sabotage, accident, embargo, governmental priority, or requisition shall be excused. The Company shall have no obligation or liability whatsoever arising out of or in connection with any such failure.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, including, but not limited to, your use of the Products’ content other than as expressly authorized in these Terms and Conditions.
Governing Law and Venue
All matters relating to these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the courts of the State of California in each case located in County of Santa Clara. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
All notices, requests, claims, demands and other communications between the parties shall be by electronic mail. The Company will send all notices, requests, claims, demands and other communications to the email provided by you.
You agree to send all notices, requests, claims, demands and other communications to the Company to firstname.lastname@example.org.
All notices shall be effective:
(a) If given by certified or registered mail, five (5) business days after certification or registration thereof, to any officer (or an authorized recipient of deliveries to the office) of the party to whom given; or
(b) If given by email, upon delivery to the email address specified by You in Your MLSListings subscribers profile.
The Terms and Conditions constitute the sole and entire agreement between you and the Company with respect to Products’ purchases and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Products.
Copyright and Intellectual Property Policy
Notice and Procedure for Filing Claims of Copyright Infringement
Aculist respects intellectual property laws (including the federal Digital Millennium Copyright Act, aka “DMCA”) and the rights of others, and will respond to written notifications of alleged infringement by copyright owners, or their authorized agent, according to this copyright policy.
If you believe any materials accessible on or from this site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting a written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA (17 U.S.C. § 512), the written notice must include the following:
1. Your name, mailing address, telephone number and email address.
2. Sufficient detail about the copyrighted work.
3. The URL or other specific location on our websites that contains the material that you claim infringes your copyright.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law (i.e. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”).
5. A statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf (i.e. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your written notice may not be effective.
By submitting an infringement notification, you are initiating a legal process. Filing false claims, or other misuse of this process, can result in substantial penalties, according to Section 512(f) of the DMCA, including damages and attorneys’ fees.
Only copyright owners can report a suspected infringement to us. If you are not the copyright owner (or the authorized representative of the owner) you cannot report a suspected infringement to us. If you believe that any content on a website infringes another party’s copyright, you should advise the copyright owner directly.
Response to Notifications
Once notified in writing, Aculist will act quickly to remove or disable access to potentially infringing material hosted on our websites. Aculist does not have control over content residing on any third-party sites, and cannot remove content from any website not under our direct control.
We will also alert the person or entity that submitted the allegedly infringing material, and provide them with a copy of the infringement notification. Aculist reserves the right to suspend or terminate access to Aculist for persons who repeatedly or blatantly infringe the copyrights of others.
If a notice of copyright infringement has been wrongly filed against you, or if you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification which includes the following:
1. The user’s full name, mailing address, telephone number and email address.
2. Identification of the material that has been removed or disabled and the URL or other specific location on our websites at which the material appeared before it was removed or disabled.
3. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
4. A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S., for U.S. Federal District Court for the Northern District of California located in San Francisco, CA); and that you will accept service of process from the original complainant.
5. The user’s physical or electronic signature.
Upon receipt of a valid written counter notification, Aculist will provide the original claimant with a copy of the counter-claim. After 10 business days following receipt of the counter-notification, the DMCA allows Aculist to restore the removed material, providing the original claimant does not file a court order to restrain the use of the infringing material.
Before submitting a counter-claim, be sure you are the legal rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the consequences of submitting a false claim.
Where to Send Notice
350 Oakmead Parkway, Suite 200
Sunnyvale, CA 94085
Attention: Aculist Legal & Compliance Department
Notice of copyright infringement by e-mail may allow our Copyright Agent to begin investigating the alleged infringement; however, Aculist must receive your signed statement, as described above, by mail or as an attachment to your e-mail before we are required to take action.
The above information should not be construed as legal advice. If you’re not sure whether the use of the material in questions infringes your copyright, consider contacting an attorney before filing a notification or counter-notification.
For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp
In addition to the above, Aculist always reserves the right to remove any content without prior notice and at our sole discretion.