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1 end-user license agreement for ziplogix products and services

1. information you provided If you no longer wish to receive information regarding such products and services please make your request by visiting http support zipform com emailsupport asp or call 586 840 0140 We will implement your request as quickly as possible G Transfer and Assignment You may not transfer and or assign any or all of your rights or obligations under this Agreement H Survival All provisions which may reasonably be construed to survive shall survive the expiration or termination of this Agreement ADDITIONAL TERMS FOR SPECIFIC ZIPLOGIX PRODUCTS SECTION 8 FORMS SOFTWARE A Exporting Portable Data Format pdf Other File Formats zipLogix grants you the right to use the Forms Software to export the desktop online and multi user versions of the forms to pdf format The export of the forms will result in the creation of a pdf file zipLogix shall not be responsible for providing you with the applicable software to open view or otherwise use the pdf file Forms exported from the Forms Software to pdf format may not be altered manipulated or changed in any way including but not limited to altering the form text or data unlocking or otherwise opening or attempting to open or bypass the security password protection of a pdf form making a derivative work s adding any data text graphics or software into or on top of a form converting the form from pdf format to a different file format removing copyright
2. If you wish to purchase additional storage capacity or time you should contact zipLogix 3 Compliance with Law zipLogix shall not be responsible or liable for and you are solely responsible for determining whether your use of zip Vault to store documents complies or does not comply with any and all laws rules and regulations relating to retention or audit of records including but not limited to the Electronic Signatures in Global and National Commerce Act E Sign the Uniform Electronic Transactions Act UETA and your state s laws and regulations pertaining to retention or audit of records and the real estate industry If you are unsure whether your use of zipVault to store documents complies or does not comply with relevant law please consult an appropriate professional such as an attorney G TouchSign 1 In General a You must be at least eighteen 18 years old to use TouchSign b Acquired as part of zipForm Mobile Web Edition If you acquired a TouchSign license as part of your zipForm Mobile Web Edition subscription zipLogix grants you a license to use TouchSign for the duration of your zipForm Mobile Web Edition subscription Should your zipForm Mobile Web Edition license terminate your access to and use of TouchSign will terminate simultaneously and your subscription fee if any shall not be refunded 2 Transaction Document Storage You agree that zipLogix has no responsibility or liability whats
3. forms may not be printed or exported from zipForm Use of C A R forms other than as expressly licensed is prohibited You understand and acknowledge that Third Party Forms as defined in Section 8 E are not covered by C A R s User Protection Agreement unless expressly indicated in writing by C A R SECTION 6 DISCLAIMERS LIMITATION OF LIABILITY A Disclaimer of Warranties OTHER THAN THE LIMITED WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT ZIPLOGIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE ZIPLOGIX PRODUCTS EACH ZIPLOGIX PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE WORKMANLIKE EFFORT TITLE AND NONINFRINGEMENT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ZIPLOGIX PRODUCT REMAINS WITH YOU ZIPLOGIX MAKES NO WARRANTY THAT ANY ZIPLOGIX PRODUCT WILL BE UNINTERRUPTED TIMELY SECURE OR ERROR FREE ZIPLOGIX DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY INTERFERENCE OR SUSPENSION OF INTERNET SERVICE OR FOR ANY LOSS OR CORRUPTION OF DOCUMENTS DATA OR LOSS OF ANY OTHER MATERIALS YOU MAY STORE ON THE INTERNET ZIPLOGIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY RELIABILITY OR AVAILABILITY OF ANY ZIPLOGIX PRODUCT FOR ANY PURPOSE B Disclaimer for User Transactions You acknowledge and agree that zipLogix and or REBS a is not a
4. to directly or indirectly send unsolicited commercial faxes or emails or for your own personal use ie uses not related to your real estate transactions Use of the document transmission capabilities of any zipLogix Product in violation of these terms may result in zipLogix charging you a fee based on the number of pages you fax multiplied by the current per page fax fee or terminating your zipLogix Product license with no refund issued or both The current per page fax fee is fifteen cents 0 15 which is subject to increase by zipLogix without notice I Change in Pricing Unless otherwise agreed by zipLogix in writing zipLogix reserves the right to change the pricing under which a zipLogix Product is offered at any time without notice Pricing may be on a periodic or per use basis depending upon the plan and features purchased by you ora third party such as your brokerage state or local association board of REALTORS or multiple listing service Your use of the zipLogix Product is based on the pricing plan and features purchased You may be charged additional fees for services outside of your pricing plan Please contact zipLogix for details about your pricing plan in connection with your zipLogix Product J No Refunds Unless expressly stated otherwise by zipLogix any fee you pay for the use of a zipLogix Product is nonrefundable SECTION 4 TERM AND TERMINATION This Agreement is effective as set forth in Section 2 for the
5. A PARTICULAR PURPOSE AND NON INFRINGEMENT AND TO THE AVAILABILITY OR RELIABILITY OF THE ZIPLOGIX PRODUCT ZIPLOGIX S SERVERS OR THE INTERNET YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ZIPLOGIX PRODUCT ZIPLOGIX DOES NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR WARRANTIES CERTAIN EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AND IN SUCH CASE THE WARRANTIES ARE LIMITED TO THE MINIMUM WARRANTY PERIODS ALLOWED BY THE APPLICABLE LAW E zipLogix Digital Ink 1 In General a You must be at least eighteen 18 years old to use zipLogix Digital Ink 13 b Should your Forms Software license terminate your access to and use of zipLogix Digital Ink and any documents maintained or stored therein may terminate simultaneously your subscription fee shall not be refunded and the documents will be deleted from zipLogix Digital Ink within a time period at zipLogix s discretion and may not be recoverable 2 Transaction Document Storage zipLogix Digital Ink documents will be maintained by zipLogix or a third party on behalf of zipLogix for the term of your zipLogix Digital Ink license provided that zipLogix reserves the right to delete accounts that are inactive or have not been modified for a period of fourteen 14 months You agree that zipLogix has no resp
6. F Data Exchanging Features This Agreement does not grant you and specifically excludes the right to use any data exchanging features contained within a zipLogix Product that allow data to be imported or exported to or from the zipLogix Product to or fromany other product Use of such data exchanging features requires that you enter into a separate end user license agreement unless zipLogixhas otherwise given its consent for you to use such features Please contact zipLogix for information with regard to obtaining a license to use any data exchanging features contained within a zipLogix Product G Data Fill Feature If you purchase or otherwise have permission to access or use a zipLogix Product which includes the Data Fill Feature a feature that allows you to input text in certain data fields of a form or document without viewing the entire text of the form or document being completed you acknowledge that you should review the form or document in its entirety with all text and data revealed before you send use or rely on the form document or any text you fill in the form or document using the Data Fill Feature You agree that zipLogix has no responsibility or liability whatsoever for any damages which might result from your use of the Data Fill Feature H Document Transmission Capabilities You may not use the document transmission capabilities of any zipLogix Product including fax and email capabilities for marketing or promotional activities
7. Signatures in Global and National Commerce Act E SIGN or the Uniform Electronic Transactions Act UETA and your state s laws and regulations pertaining to electronic records and electronic signatures and the real estate industry zipLogix shall not be responsible or liable for and you are solely responsible for determining whether a consumer as defined under applicable law must be provided with a disclosure required by law to be in writing whether the delivery of an electronic record satisfies such law and for providing such disclosure to the consumer zipLogix makes no representations or warranties that the consumer disclosures in TouchSign are appropriate for or provide all of the disclosures as required for your particular transaction If you are unsure whether your electronic record or electronic signature complies or does not comply with relevant law please consult an appropriate professional such as an attorney H zipConsult zipLogix provides a link in the Forms Software to zipConsult a web conferencing tool zipConsult is powered by AnyMeeting which is a Third Party Product All right title and interest in and to AnyMeeting belongs solely to AnyMeeting and or its licensors as applicable zipLogix and its affiliates make no representations guarantees or warranties whatsoever regarding the use content legality or sufficiency of AnyMeeting By accessing zipConsult you agree to comply with AnyMeeting s Terms of Service
8. THE ZIPLOGIX PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES EVEN IF ZIPLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE IN ANY CASE ZIPLOGIX S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE ZIPLOGIX PRODUCT OR U S FIFTY DOLLARS 50 00 BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR WARRANTIES CERTAIN EXCLUSIONS AND LIMITATIONS IN THIS SECTION 6 MAY NOT APPLY TO YOU AND IN SUCH CASE THE WARRANTIES ARE LIMITED TO THE MINIMUM WARRANTY PERIODS ALLOWED BY THE APPLICABLE LAW YOU SPECIFICALLY AGREE THAT ZIPLOGIX SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR UNAUTHORIZED ACCESS TO USE OR ALTERATION OF YOUR DATA ANY MATERIAL CONTENT DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED OR ANY TRANSACTION CREATED ACCESSED OR STORED IN CONNECTION WITH THE ZIPLOGIX PRODUCT WHETHER EXPRESS IMPLIED OR STATUTORY SECTION 7 MISCELLANEOUS A Entire Agreement Amendment Unless otherwise specified herein this Agreement together with your pricing plan and any individual license agreements regarding data exchanging features of zipLogix Products constitute the entire agreement between you and zipLogix regarding the subject matter hereof and this Agreement together with your pricing plan and any individual license agreements regarding data exchangi
9. Test License If you are a beta test user of a zipLogix Product you acknowledge that zipLogix is conducting beta testing for the zipLogix Product and you agree to participate in such testing and to provide feedback as requested by zipLogix Feedback consists of any of your suggestions comments or other feedback whether it is required or provided by you voluntarily relating to the zipLogix Product Feedback You agree that zipLogix may freely use disclose reproduce license publish and distribute Feedback in the zipLogix Product or any zipLogix product or service specifications or other documentation and none of the Feedback you provide is subject to or infringes upon any patent copyright or other intellectual property claim or right of any third party or requires any permissions consents or approvals from any third party This beta test license does not include and specifically excludes the right to copy reproduce distribute modify lease license sell make derivate works from or use the zipLogix Product or any other information or materials provided to you by or on behalf of zipLogix other than expressly set forth in this section unless zipLogix states otherwise in writing Due to the experimental nature of the zipLogix Product and the possibility of bugs errors or other malfunctions therein use of the software in an actual real estate transaction is at your own risk You agree that zipLogix shall not be liable to you your customers c
10. and Privacy Policy set forth on AnyMeeting s website currently located at www anymeeting com accountmanager messages AnyMeeting Terms OfService htm and Wwww anymeeting com Privacy aspx as may be amended from time to time You agree to comply with all telephonic and electronic recording laws rules and regulations in connection with your use of zipConsult and you agree to indemnify defend and hold zipLogix harmless for any breach of this obligation QUESTIONS Should you have any questions concerning this Agreement or if you desire to contact zipLogix for any reason please contact zipLogix at zip Logix P O Box 130 Fraser MI 48026 www zipform com Effective September 17 2014 Last Revised September 17 2014 16
11. dates and or symbols and removing company specific information which is embedded in the form unless expressly permitted by the copyright holder of the form Any violation of this section shall be deemed a material breach of this Agreement and may result in a violation of law and civil and or criminal penalties Certain fonts in your computer s operating system software may be missing or corrupt due to no fault of the Forms Software which may result in formatting saving printing and e mailing problems or other errors in your pdf documents You agree that zipLogix has no responsibility or liability whatsoever for any damages which might result from such errors in your pdf documents If you experience problems or errors in pdf documents due to missing or corrupted fonts please contact your computer system software provider e g Microsoft Apple etc or Adobe www adobe com for assistance B Printing Out or Using Blank or Partially Blank Forms The Forms Software is intended to be used as an electronic forms filling software program Unless permitted by the copyright holder of the forms you may not use the Forms Software to e print out reproduce or display on the Internet or in any other manner blank or partially blank pages or copies of the forms contained within the Forms Software i e forms with partial or no text filled into the fillable portion of the forms in any way or in any file format including blank pdf or HTML versions
12. may be subject to restrictions or prohibitions of the copyright owner of the forms in the copyright owner s sole discretion C Prohibition on Reverse Engineering Decompilation and Disassembly You may not reverse engineer decompile or disassemble any zipLogix Product except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation D Rental You may not rent lease or lend any zipLogix Product E Support Services Feedback zipLogix may provide you with support services related to zipLogix Products Support Services Use of such Support Services will be governed by zipLogix s then current policies and procedures or as may be described in the user manual built into the zipLogix Product or website if applicable Any supplemental software code provided to you as part of the Support Services shall be considered part of the zipLogix Product and subject to the terms and conditions of this Agreement zipLogix may use any technical information and or feedback you provide to zipLogix as part of the Support Services for its business purposes including for product support and development Any technical information and or feedback you provide to zipLogix shall belong solely and exclusively to zipLogix without consideration and you may not use or disclose technical information and or feedback that was first provided to zipLogix to any third party without zipLogix s prior written consent
13. of the Forms Software to store documents complies or does not comply with relevant law please consult an appropriate professional such as an attorney J zipForm Team Edition 1 The ability of an administrator of a team account to add additional members is solely within zipLogix s discretion and is subject to the maximum number of persons permitted per team account and payment of the applicable fee An agent can only be a member of one team account at a time A transaction coordinator assistant can be a member of more than one team account with the payment of the applicable fee s The administrator for the team account can add and remove team members at any time up to the maximum number of team members permitted by zipLogix Once a team member is removed from a team account such team member will no longer have access to any transactions within the team account or any transactions saved to zip Vault for the team account Transactions created in the team account will only be stored by zipLogix as long as the team account is active If you wish to save transactions you have used in your team account beyond the term of your applicable team account license period you should export the documents to another location such as saving the documents in your individual zip Vault account or on your computer CD ROM or some other external storage medium 2 Each team member will be able to create edit modify print send export and delete transactions
14. C Relationship You agree that no joint venture partnership employment or agency relationship exists between you and zipLogix as a result of this Agreement D Indemnification You agree to indemnify and hold zipLogix its parents subsidiaries affiliates and its and their directors officers and employees harmless from any claim action demand loss cost expense or damage including reasonable attorneys fees asserted by any third party due to or arising out of your use of any zipLogix Product E Severability Waiver 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 party s waiver of any breach of this Agreement must be made in writing and shall not constitute a waiver of any other breach A party s failure to demand performance of any obligation shall not constitute a waiver ofa party s right to demand performance of such obligation in the future F Information Regarding zipLogix Products and Services You consent to zipLogix sending you information via fax and or email regarding products and services that may be interesting or valuable to you via the contact
15. END USER LICENSE AGREEMENT FOR ZIPLOGIX PRODUCTS AND SERVICES CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE INSTALLING OR USING THE ZIPLOGIX PRODUCTS OR SERVICES REFERENCED IN THIS AGREEMENT THIS IS A LEGALLY BINDING AGREEMENT YOUR CONTINUED ACCESS TO AND USE OF THE PRODUCT OR SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE MOST CURRENT VERSION OF THIS AGREEMENT THE TERMS AND CONDITIONS OF WHICH ZIPLOGIX MAY CHANGE AT ANY TIME AND WHICH MAY BE FOUND AT WWW ZIPFORM COM EULA ZIPLOGIXEULA PDF OR SUCH OTHER WEBSITE AS DESIGNATED BY ZIPLOGIX This End User License Agreement for zipLogix Products and Services Agreement is a legally binding agreement between you and RE FormsNet LLC dba zipLogix zipLogix us or our regarding the zipLogix software product s identified as zipForm or such other name s as it may be known as from time to time Forms Software zipLogix website and other zipLogix products and services each including the Forms Software a zipLogix Product referenced in this Agreement zipLogix Products and their written documentation including user guides built into zipLogix Products are owned by or licensed to zipLogix and protected by copyright laws international copyright treaties and other intellectual property laws and treaties The zipLogix Products are being licensed not sold to you by zipLogix for use only under the terms of this Agreement zipLogixretains ownership in the zi
16. any reason shall be considered a material breach of this Agreement If you wish to add additional offices licensees or Admin Seats you must pay additional multi user license fees 4 zipLogix Product Multi User License Team Edition If you have purchased the zipForm Team Edition zipLogix grants you and each team member for whom you have paid a zipForm Team Edition license fee the right to use the zipForm Team Edition online located at the website designated by zipLogix and the right to install the zipForm Forms Viewer if applicable on any number of personal computers which are owned by you and each team member for whom you have paid a zipForm Team Edition license fee or that you and or each team member are permitted to use in connection with your real estate transactions If you as the administrator of the team account wish to additional team members you must pay the additional license fee if applicable subject to the maximum number of team members permitted by zipLogix 5 Individual Use Unless otherwise expressly licensed by zipLogix the zipLogix Products are for your individual use and you may not modify copy distribute transmit display reproduce publish license sublicense sell create derivative works from or transfer the zipLogix Products or any source code object code or documentation in connection therewith You may not access or use the zipLogix Product account of any third party Unless otherwise expressly licen
17. eleted from zipVault and will not be recoverable by you These storage times are subject to change at any time without notice Any change to applicable storage times will affect only those transactions created after the change is made Once a transaction document is deleted you will not be able to recover the deleted document using your zipVault account You agree that zipLogix has no responsibility or liability whatsoever for the deletion corruption or failure to store any document form or content stored maintained or transmitted by zip Vault zipLogix has no obligation to provide you or third parties with any documents that have been deleted for any reason You agree that zipLogix shall not be responsible or liable to you or any third parties in any way for stored documents deleted in accordance with this policy If you wish to save documents you have uploaded and stored using zip Vault beyond the expiration of the applicable time period or prior to the expiration or termination of your zip Vault license you should export the documents to another location such as saving the documents on your computer on a CD ROM or some other external storage medium zipLogix reserves the right to limit the amount of storage space available to you to limit the types of files eligible for storage to charge a fee for additional storage space and to otherwise change the terms and conditions of document storage retention and deletion using zipVault at any time
18. es The Forms Software may contain provide links to or refer to products and services that are owned and or licensed to zipLogix by third parties Third Party Products All right title and interest in and to the Third Party Products belong solely to such third party and or its licensors as applicable zipLogix and its affiliates make no representations guarantees or warranties whatsoever regarding the use content legality or sufficiency of Third Party Products unless expressly indicated in writing by zipLogix or its affiliates as applicable Please review any applicable license agreements and or privacy policies before using such Third Party Products to be sure the terms are acceptable to you The Forms Software may also include the names of certain Third Party Products and services in drop down menus provided to users to fill in form fields zipLogix and its affiliates make no representations guarantees or warranties whatsoever regarding the use content quality legality or sufficiency of these products or services E Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL ZIPLOGIX OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE
19. for or on behalf of any other member of the team Each team member will be able to use other team member s names and contact information to create edit modify print and send transactions and each team member will be able to access the contact list of the other team members Each team member will only be able to access the forms libraries for which such member has a valid license Joining a team account will not create a license for or otherwise enable an individual team member to view access create edit or modify forms in a forms library for which such member does not have a valid license even if another team member has a valid license for such other forms library Team members may not alter the name of the agent and broker that prints automatically at the bottom of each form including by altering the form to add the name of the team SECTION9 OTHER ZIPLOGIX PRODUCTS AND SERVICES A zipForm MLS Connect_and MLSPush zipForm MLS Connect and MLSPush are expressly designed and intended to be used in conjunction with the Forms Software and cannot be used if you do not have or fail to maintain a valid license to use the Forms Software Your license to use zipForm MLS Connect and or MLSPush entitles you to access your individual Forms Software account only and you may not access the Forms Software account of any other end user through zipForm MLS Connect and or MLSPush In order to use zipForm MLS Connect and or MLSPush you
20. h third party After the applicable time period your transactions and all associated transaction documents will be deleted from 10 your account and will not be recoverable by you These periods of time are subject to change at any time without notice Except as expressly set forth herein zipLogix shall have no obligation to maintain or forward any content form document or transaction to you or any third party and zipLogix shall have no obligation to provide you with any transaction document information or access to your account once your Forms Software license term expires or terminates for any reason zipLogix shall not be responsible or liable to you or any third parties in any way whatsoever for documents or transactions that are deleted in accordance with this policy If you wish to save Forms Software transaction documents beyond the applicable time frame you should export the documents to another location such as saving the documents in zipVault or on your computer CD ROM or some other external storage medium D User Name Forms printed or exported from the Forms Software may identify the licensed user s name and or company information at the bottom of the forms You must use the licensed user s correct name and company information within the Forms Software and it shall be considered a material breach of this Agreement to use anyone else s name or include a false company name and or address within the Forms Software except that u
21. ied Trainers If you are a current certified trainer for a zipLogix Product zipLogix hereby grants you a limited personal non exclusive non transferable non sublicensable license to use the zipLogix Product solely in connection with your training activities as a certified trainer You may not use the zipLogix Product in connection with actual real estate transactions or for any other purpose whatsoever unless otherwise expressly licensed by zipLogix Your license to use the zipLogix Product will terminate immediately upon your termination from the certified trainers program unless otherwise licensed by zipLogix Upon termination from the certified trainers program you must immediately remove the zipLogix Product from any and all computers and or mobile devices if applicable and you may not use the zipLogix Product after termination unless otherwise expressly licensed by zipLogix 7 Demonstration Software If you have requested and zipLogix has granted you a zipLogix Product demonstration license zipLogix hereby grants you a limited personal non exclusive non transferable non sublicensable license to use a zipLogix Product or particular features of a zipLogix Product as determined by zipLogix in its sole discretion for demonstration purposes only The license term commences on the date zipLogix creates your account The expiration date is determined by zipLogix in its sole discretion You may not use the zipLogix Product in connection with ac
22. ipLogix grants you a license to use ePUBS and to e mail or otherwise provide ePUBS publications to your clients and customers during the 12 current membership year or that portion of the current membership year during which you remain a member if shorter You must have an active Forms Software account in order to access and or use ePUBS Should your Forms Software account terminate you will no longer be able to access or use ePUBS and no refund will be issued to you You may not sell resell license sublicense publish make derivative works from or publicly display e g on your website or any other websites or alter except as expressly permitted in ePUBS any ePUBS publications and you may not reproduce any portion of any ePUBS publication other than as expressly permitted without REBS prior written consent Except as expressly permitted herein you may not allow others to access or use your ePUBS license or any ePUBS publication accessible under your license Certain ePUBS publications cannot be e mailed to clients and customers unless you have an open transaction or you fill in the appropriate client information on the separate signature page of the publication or the last page of the publication as applicable Your or your broker s name brokerage information client name and property information may be auto populated at the bottom of certain ePUBS publications ePUBS is a registered trademark of REBS D Beta
23. lients or any third parties for any deletion corruption or failure of the zipLogix Product or zipLogix s servers to store maintain or transmit any transaction template clause data or other content zipLogix shall have no obligation to maintain any data or content or to forward any data or content to you or any third party zipLogix shall have the right and option to limit alter change remove and correct the features functionality and any other aspect of the zipLogix Product and to deny limit access or limit levels of access to the zipLogix Product and to terminate this beta test license at any time without notice zipLogix may in its discretion provide technical and customer support to you in connection with the zipLogix Product upon terms to be determined solely by zipLogix You shall not be entitled to receive any fees or reimbursement for any expenses incurred by you in connection with the zipLogix Product and this beta test license YOU ACKNOWLEDGE THAT THE ZIPLOGIX PRODUCT IS EXPERIMENTAL IN NATURE STILL IN THE DEVELOPMENT STAGE AND HAS NOT BEEN FULLY TESTED THE ZIPLOGIX PRODUCT IS PROVIDED AS IS AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT ZIPLOGIX IS UNDER NO OBLIGATION TO FIX ERRORS IMPERFECTIONS OR INCOMPATIBILITIES FOUND IN THE ZIPLOGIX PRODUCT ZIPLOGIX DISCLAIMS ALL WARRANTIES RELATING TO THE ZIPLOGIX PRODUCT EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY FITNESS FOR
24. minate simultaneously your subscription fee if any shall not be refunded and the documents will be deleted from zipVault within a time period at zipLogix s discretion and may not be recoverable by you 14 2 Document Storage Deletion You must maintain a valid zipVault license to store and access documents using zip Vault Except as expressly set forth herein zipLogix shall have no obligation to maintain any document content or form and zipLogix shall have no obligation to provide you with any document information or access to your account once your zip Vault license term expires or terminates for any reason The amount of storage space available to you and the time period that your documents will be stored in zip Vault will depend upon the plan and features purchased by you or if zipVault is being provided to you under the terms of an agreement between zipLogix and a third party such as your real estate brokerage a state or local board association of REALTORS or a multiple listing service the plan and features purchased by such third party You may delete documents that you have stored using your personal zip Vault account at any time You or your broker if applicable may designate a deletion date that is earlier than the default deletion date available to you under your zip Vault plan Please contact zipLogix for details about your zip Vault plan and features After the applicable time period stored documents will be d
25. must have and maintain valid permission to access and use content within the database of your multiple listing service MLS and your MLS must have an agreement in place with zipLogix in connection with zipForm MLS Connect and or MLSPush Should the agreement between zipLogix and your MLS terminate your access to and use of zipForm MLS Connect and or MLSPush shall also terminate Any fee you paid for the use of zipForm MLS Connect and or MLSPush will not be refunded to you B Single Sign On Your use of the Single Sign On services SSO shall at all times be subject to and must be in compliance with this Agreement The SSO will only be available if zipLogix maintains agreements with providers of each product and service to be accessed by the SSO If zipLogix s agreement with a provider terminates your access to and use of the provider s product or service using the SSO shall also terminate All products and services accessed under the SSO will be linked to and capable of being accessed using a single password or set of credentials You should therefore exercise caution prudence and care in using the password and or set of credentials to protect them from unauthorized access disclosure and use You agree that zipLogix has no responsibility or liability whatsoever for any damages which might result from such unauthorized access disclosure and use C ePUBS If you are a C A R Member during the current membership year z
26. nal materials and other products and services AIR shall not sell or transfer your Information without your written consent Reasonable steps are taken to maintain the accuracy and update the Commercial Forms Library on the website However AIR C A R REBS and zipLogix make no representations or warranties regarding the accuracy of the forms nor do they make any commitment to update the forms C A R and AIR reserve the right in their sole discretion to add remove or otherwise modify the forms and C A R REBS and or zipLogix may modify the website at any time without notice As these forms are frequently modified to meet changing requirements of the law and industry practice feel free to contact AIR at 213 687 8777 and fax 213 687 8616 to ensure you are using the most current version of the form All right title and interest in the Commercial Forms Library belong solely to AIR zipLogix is not responsible for AIR s conduct with regard to the Information or the modification of AIR s forms E AJR Nationwide Library If you purchase access or use the AIR nationwide library of forms the following terms apply While AIR endeavors to create forms that have widespread applicability throughout the United States neither AIR nor zipLogix represent or warrant in any manner that any form in the AIR nationwide library complies with the laws rules and or regulations of or is otherwise valid and enforceable in or appropriate for the jurisdic tion in
27. nd shall not be deemed a party to any transaction or document stored using any zipLogix Product by you or any third party b makes no representations or warranties and shall not be liable for the content validity legality enforceability accuracy suitability or appropriateness of any document content information or transaction in any zipLogix Product and c makes no representations or warranties and shall not be liable in any way for the ability or inability to access view review and or receive documents in any zipLogix Product or within any particular period of time C Disclaimer for Third Party Forms While the owner licensor of Third Party Forms as defined in Section 8 E may provide warranties and representations for some of all of its Third Party Forms such warranties and representations if any are of the owner or licensor and not zipLogix zipLogix and its affiliates make no representations warranties or guarantees whatsoever regarding the use content legality or sufficiency of such Third Party Forms or that the Third Party Forms are the most accurate or up to date version of such forms unless expressly indicated in writing by zipLogix or its affiliates as applicable All right title and interest in and to the Third Party Forms belong solely to such third party and or its licensors as applicable All other portions of Section 6 shall remain applicable for such Third Party Forms D Disclaimer for Third Party Products and Servic
28. ng features of zipLogix Products supersede all prior or contemporaneous communications and proposals whether electronic oral or written between you and zipLogix regarding the subject matter hereof Except as explicitly set forth herein this Agreement may not be amended except in a writing signed by the parties B Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of California excluding its conflict of law principles All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of Los Angeles State of California or another location mutually agreeable to the parties An award of arbitration may be confirmed in a court of competent jurisdiction Federal arbitration laws and California state arbitration laws apply to this Agreement The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and notin aclass consolidated or representative action Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail return receipt requested postage prepaid or nationally recognized overnight courier You hereby waive any objection you may have in any such action based on lack of personal jurisdiction improper venue or inconvenient forum
29. nstalled Any license fees paid to zpLogix for use of and access to the zipLogix Product shall be non refundable in the event this Agreement is terminated prior to the end of the term SECTION 5 OWNERSHIP THIRD PARTY FORMS THIRD PARTY PRODUCTS AND SERVICES A In General All right title and interest in the Forms Software and all other zipLogix Products including but not limited to all copyrights trademarks and trade secrets and any copies thereof are owned by zipLogix and or its suppliers licensors and other third parties All right title and interest in the proprietary forms within the Forms Software are owned by their respective copyright owners and or licensors The trademarks zipForm zipForm Plus zipForm 6 zipForm Online zipForm Mobile Web Edition zip FormMLS Connect MLSPush zipLogix Digital Ink zip Vault zipConsult and TouchSign are owned by zipLogix The trademark ePUBS is owned by REBS All rights not expressly granted are reserved by zipLogix and its suppliers licensors and other third parties B ERC Forms Certain forms in the Forms Software may be licensed to zipLogix by the Employee Relocation Council ERC and are subject to the terms of that license The use of all ERC forms generated by the Forms Software is limited to the preparation of completed forms by the end user for its business use The reproduction of blank forms is s
30. oever for the deletion corruption or failure to store any signature transaction template clause content form or document executed or transmitted by TouchSign If you wish to save documents you have signed using TouchSign you should export those documents to zipVault or another external storage location such as by saving documents in _pdf form on your computer or on a CD ROM 3 Disclaimer Limitations You acknowledge and agree that zipLogix makes no representations or warranties relating to the accuracy validity or invalidity of any authentication measure used in connection with TouchSign zipLogix may establish limits concerning the maximum number of documents and transactions that may be signed or transmitted the maximum amount of disk space that will be allotted on zipLogix s servers on your behalf and the 15 maximum number of times and duration you may access TouchSign in a given period of time which are subject to change at any time without notice 4 Compliance with Law As routine practice zipLogix provides consumer disclosures for all signature transactions processed through TouchSign However zipLogix shall not be responsible for and you are solely responsible for determining whether the use of an electronic record or electronic signature complies or does not comply with any and all laws rules and regulations including but not limited to electronic record and electronic signature laws such as the Electronic
31. of the forms or e enter nominal characters such as xxxxxxxx or other characters that do not in good faith constitute real estate transaction information to enable the printing of essentially blank forms or e print out blank or essentially blank forms and manually insert information on the hard copies Such actions may constitute a copyright violation of the copyright owner s forms may result in a violation of law and civil and or criminal penalties and in addition to any other remedies may result in the termination of this Agreement by zipLogix C Transaction Document Storage You agree that zipLogix has no responsibility or liability whatsoever for the deletion corruption or failure to store any transaction template clause content form or document maintained by the Forms Software You acknowledge that zipLogix reserves the right to delete accounts and or stored documents within accounts that have not been active or modified for a period of fourteen 14 months The amount of storage space available to you and the time period that your documents will be stored in the Forms Software will depend upon the plan and features purchased by you or if the Forms Software is being provided to you under the terms of an agreement between zipLogix and or REBS and a third party such as your real estate brokerage a state or local board association of REALTORS or a multiple listing service the plan and features purchased by suc
32. onsibility or liability whatsoever for the deletion corruption or failure to store any transaction template clause content form or document maintained or transmitted by zipLogix Digital Ink Except as expressly set forth herein zipLogix shall have no obligation to maintain or forward any content form document or transaction to you or any third party and zipLogix shall have no obligation to provide you with any transaction document information or access to your account once your zipLogix Digital Ink license term expires or terminates for any reason After the termination or expiration of your zipLogix Digital Ink account for any reason documents will be deleted from your account and will not be recoverable zipLogix shall not be responsible or liable to you or any third parties in any way whatsoever for documents or transactions that are deleted in accordance with this policy If you wish to save zipLogix Digital Ink documents beyond the applicable time frame you should export those documents to zip Vault or another location such as saving documents in pdf formon your computer or on a CD ROM etc zipLogix may establish limits concerning the maximum number of documents and transactions that may be stored signed or transmitted the maximum amount of disk space that will be allotted on zipLogix s servers on your behalf and the maximum number of times and duration you may access zipLogix Digital Ink in a given period of time which are subject
33. pLogix Products themselves By downloading installing copying or otherwise accessing or using a zipLogix Product you agree to be bound by the terms of this Agreement which include a software license and disclaimer of software and hardware warranties If you do not agree to the terms of this Agreement you may not install or use the zipLogix Product Please review the zipLogix Privacy and Security Statement which also governs your use of the zipLogix Product By using the zipLogix Product you agree to the terms of the zipLogix Privacy and Security Statement the terms of which zip Logix may change at any time and which may be found at http www zipform co m eula ziplogixprivacy pdf or such other website as designated by zipLogix Copyright Infringement If you believe there has been an infringement of your copyrighted material in a zipLogix Product please notify zipLogix s designated agent at DMCA Notification Attention Assistant General Counsel 525 South Virgil Avenue Los Angeles California 90020 or fax your notification to our designated agent at 213 480 7724 Pursuant to the requirements of the Digital Millennium Copyright Act DMCA 17 U S C 512 C all notifications must be in writing and contain the following information 1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed 2 Identification of the copyrighted work claimed to ha
34. particular zipLogix Product in question and terminates automatically at the end of that term However if the zipLogix Product is being provided to you under the terms of an agreement between zipLogix or REBS and a third party such as a state local association of REALTORS a real estate brokerage or a multiple listing service the term of this Agreement may expire earlier in accordance with the terms of the agreement between zipLogix or REBS and such third party An administrator of a multi user version of a zipLogix Product including but not limited to the Broker Edition and zipForm Team Edition may terminate a licensee s or team member s license to use the multi user version of the zipLogix Product at any time at his her discretion Without prejudice to any other rights zipLogix may terminate this Agreement immediately and without notice if you fail to make any payments required pursuant to your pricing plan for any zipLogix Product if you fail to comply with any of the terms and conditions of this Agreement or if in zipLogix s opinion your continued use of the zipLogix Product would result in a threat to the safety security or privacy of a zipLogix Product or any third party In the event of termination of this Agreement you must immediately cease all use of the zipLogix Product destroy all copies of the zipLogix Product and uninstall any and all versions of the zipLogix Product from each and every computer in which the zipLogix Product is i
35. plies or does not comply with any and all laws rules and regulations including but not limited to electronic record and electronic signature laws such as the Electronic Signatures in Global and National Commerce Act E SIGN or the Uniform Electronic Transactions Act UETA and your state s laws and regulations pertaining to electronic record and electronic signatures and the real estate industry zipLogix shall not be responsible or liable for and you are solely responsible for determining whether a consumer as defined under applicable law must be provided with a disclosure required by law to be in writing whether the delivery of an electronic record satisfies such law and for providing such disclosure to the consumer zipLogix makes no representations or warranties that the consumer disclosures in zipLogix Digital Ink are appropriate for or provide all of the disclosures as required for your particular transaction If you are unsure whether your electronic record or electronic signature complies or does not comply with relevant law please consult an appropriate professional such as an attorney F zip Vault 1 General Your license entitles you to use zipVault in connection with your individual Forms Software account only You may not access or use zipVault through the zipLogix account of a third party Should your zip Vault license terminate your access to and use of zipVault and any documents maintained or stored therein will ter
36. r days fromthe date of your purchase or acquis ition as applicable Within this period zipLogix will replace any defective zipForm Standard software without charge Refunds will not be issued to you or the purchasing party as applicable unless the defect cannot be remedied by a replacement H Forms Software Data Exchange The Forms Software may automatically exchange data between your zipForm Standard account and the zipForm Plus server Transactions in your zipForm Standard account may be copied and saved to your zipForm Plus account unless you elect to turn off this feature in zipForm Standard I Compliance with Law zipLogix shall not be responsible for and you are solely responsible for determining whether you have any retention obligations for any documents within the Forms Software and whether your use of the Forms Software to store documents complies or does not comply with any and all laws rules and regulations relating to retention or audit of records including but not limited to the Electronic Signatures in Global and 11 National Commerce Act E Sign the Uniform Electronic Transactions Act UETA and your state s laws and regulations pertaining to retention or audit of records and the real estate industry zipLogix makes no representations or warranties that the Forms Software is appropriate for any retention or audit obligations that may be required for your particular transaction If you are unsure whether your use
37. rmission to Verify Membership with State Local As sociation Board of REALTORS 1 Individual Purchase If you purchased the zipLogix Product as an individual user zipLogix grants you a license on the terms and conditions in this Agreement to use the zpLogix Product for a period commencing on the date of purchase and ending twelve 12 months after the date of purchase 2 Multi User or Third Party Purchase If you are using a multi user version of the zipLogix Product or if the zipLogix Product is being provided to you under the terms of an agreement between zipLogix or Real Estate Business Services Inc REBS and a third party such as your real estate brokerage a state or local association board of REALTORS or a multiple listing service zipLogix grants you a license on the terms and conditions in this Agreement to use the zipLogix Product for a period commencing on the date zipLogix creates your account and ending one 1 year after the date zipLogix creates your account provided however that your license may terminate earlier in accordance with the agreement between zipLogix or REBS and the third party Please see Section 4 for more information on termination of your zipLogix Product license 3 zipForm Team Edition If you are using the zipForm Team Edition or if the zipLogix Product is being provided to you under the terms of an agreement between zipLogix or Real Estate Business Services Inc REBS and a third pa
38. roduct You may not attempt to gain unauthorized access to the zipLogix Product other accounts computer systems or networks connected to any zipLogix server s through hacking password mining or any other means You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the zipLogix Product By way of example and not as a complete list you agree that when using the zipLogix Product you will not e upload files that contain viruses Trojan horses worms time bombs corrupted files or any other similar software or programs that may damage the operation of another s computer or property of another harvest or otherwise collect information about others including e mail addresses create a false identity publish post upload distribute or disseminate any inappropriate profane defamatory obscene indecent or unlawful topic name material or information violate any code of conduct or other guidelines which may be applicable violate any applicable laws or regulations including but not limited to those relating to privacy personal information telephone calls faxes e mails and security breaches e use download or otherwise copy or provide whether or not for a fee to a person or entity any directory of users of the zipLogix Product or other user or usage information or any portion thereof e use the zipLogix Product or the zipLogix server s in connection with surveys con
39. rty such as your realestate brokerage a state or local association board of REALTORS or a multiple listing service zipLogix grants you a license on the terms and conditions in this Agreement to use the zipLogix Product for a period commencing on the date zipLogix creates the team account in zipForm Team Edition and ending one 1 year after the date zipLogix creates the team account in zipForm Team Edition provided however that your license may be terminated earlier by the administrator of your team account or in accordance with the agreement between zipLogix or REBS and the third party Please see Section 4 for more information on termination of your license to the zipForm Team Edition 4 Membership Verification If you are a REALTOR you hereby grant zipLogix permission to obtain information from the National Association of REALTORS NAR concerning state and local associations boards of REALTORS of which you are a member so that zipLogix may confirm you are authorized to access the state and local board association of REALTORS library of forms 5 Third Party Invitee If you are invited by a third party to use the zipLogix Product in order to access view review and or sign electronic documents you are granted a limited personal non exclusive non transferable non sublicensable royalty free license to use the zipLogix Product only for the limited purpose for which you were invited by such third party 6 Certif
40. rvice zipLogix grants you a license to access and use the applicable Third Party Forms in connection with the Forms Software for the duration of your Forms Software license term as set forth in Section 2 A provided that your license to use such Third Party Forms may terminate earlier in accordance with the applicable license agreement between zipLogix and the Third Party Forms licensor You acknowledge and agree that zipLogix shall have no obligation to provide you with access to or use of Third Party Forms after the license agreement between zipLogix and the applicable Third Party Forms licensor terminates for any reason You further acknowledge and understand that once your license to use Third Party Forms terminates for any reason you will no longer be able to access new Third Party Forms in the applicable library If you wish to save Third Party Forms you have used in your Forms Software transactions beyond the term of your applicable Third Party Forms license period you should export the documents to another location such as saving the documents in zip Vault oron your computer CD ROM or some other external storage medium F Export Restrictions You agree that you will not export or re export the Forms Software to any country person entity or end user subject to U S A export restrictions G Limited Warranty for zipForm Standard zipLogix warrants that zipForm Standard will be free of material defects for a period of ninety 90 calenda
41. s provided by NHAR will not fit every circumstance Therefore you should have the forms provided by NHAR reviewed by your own counsel prior to your use Also if you need legal advice for a specific problem you should consult a licensed attorney NHAR is not responsible for any loss injury claim liability or damage related to your use of the forms provided by NHAR specifically claims related to errors or omissions in the content of the forms provided by NHAR In short your use of the forms provided by NHAR is at your own risk TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NHAR DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY TITLE FITNESS FOR A PARTICULAR PURPOSE NON INFRINGEMENT COMPATIBILITY SECURITY AND ACCURACY YOU AGREE THAT NHAR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ASSOCIATION FORMS CONTAINED IN THE ASSOCIATION LIBRARY INCLUDING BUT NOT LIMITED TO DIRECT INDIRECT INCIDENTAL CONSEQUENTIAL AND PUNITIVE DAMAGES G California Association of REALTORS Forms California Association of REALTORS C A R owns all copyright in the C A R forms unless otherwise stated on the form C A R forms are licensed only for use in real estate transactions by real estate professionals licensed and in good standing with the California Bureau of Real Estate and attomeys licensed and in good standing with the California State Bar Blank C A R
42. se fee the right to use the zipLogix Product online located at the website designated by zipLogix and the right to install the zipForm Forms Viewer if applicable on any number of personal computers which are owned by you and each licensee for whom you have paid a multi user license fee or that you and or each licensee are permitted to use in connection with your real estate transactions Each license is registered to you and your licensees as individual users and your office as an office location For clarification an office shall mean each and every distinct different and unique brokerage office address or location requested or required by broker to be added as a brokerage office location in the Forms Software which shall not be limited to physical bricks and mortar office addresses or locations You agree to be responsible for monitoring your and your licensees use and to ensure that a licensee for whom you have paid a multi user license fee no longer has access to or use of the multi user version of the zipLogix Product once that licensee no longer works at that office location If you have purchased accounts for any administrative assistant s Admin Seats you agree to monitor to ensure that such Admin Seats are not used and accessed by individuals engaged in activities requiring a real estate license in your state Allowing an individual engaging in activities requiring a real estate license to access and use an Admin Seat for
43. sed by zipLogix the zipLogix Product may only be used in connection with the purchase sale listing lease or management of real property a business opportunity or other activity requiring a real estate license SECTION 3 OTHER RIGHTS AND LIMITATIONS A No Removal of Trademark or Copyright Notices You may not remove or alter any trademark or copyright notices on orin any zipLogix Product or any documents printouts or PDFs generated using any zipLogix Product B Distribution and Reproduction Any unauthorized reproduction distribution or use of any zipLogix Product in whole or in part is expressly prohibited and may result in severe civil and criminal penalties Violators may be prosecuted to the maximum extent possible You may not distribute or reproduce copies of the zipLogix Product to third parties including but not limited to transferring the zipLogix Product electronically from one computer to another through any communications means or over a computer network Except as expressly permitted by this Agreement you may not reproduce the zipLogix Product the forms found within the Forms Software any webpage used in conjunction with any zipLogix Product or any related source code image versions scripts or formatting styles of any webpages or forms in any file format or representation whatsoever including but not limited to pdf HTML JavaScript or Cascading Style Sheets Your rights regarding any forms found within the Forms Software
44. sers with Admin Seat licenses may enter the name and company information for the applicable real estate licensees under the Agreement and users of the zipForm Team Edition may create and edit transactions for other members of the same team using such member s name and company information to the extent permitted by zipLogix and the Forms Software To reduce the possibility that some users may attempt to share their access and use of the Forms Software with others the information at the bottom of the forms once it is entered may not be changeable by you Please contact zipLogix to change such information E Form Libraries The Forms Software may contain libraries of forms and other forms that are owned and or licensed by third parties such as a state or local association board of REALTORS forms a multiple listing service s forms or an individual brokerage company s mandated recommended internal office forms Third Party Forms Third Party Forms are licensed to zipLogix by third parties and you must have a separate license to access each library of Third Party Forms Any license to use Third Party Forms is subject to Sections 5 and 6 C of this Agreement If you purchase a license to use Third Party Forms or if such license is being provided to you under the terms of an agreement between zipLogix or REBS and a third party such as your real estate brokerage a state or local association board of REALTORS or a multiple listing se
45. t provide us with current complete and accurate information as prompted by the applicable registration form s Your email address will be required and you will need to choose a password Our use of your email address is an integral part of the zipLogix Product You will need your email address to log into the zipLogix Product and in some circumstances the zipLogix Product will auto generate email messages to you You agree to timely update your account information so that it remains current complete and accurate throughout the term of this Agreement B Password Account Activities You are entirely responsible for maintaining the confidentiality of your password security question s and answer s and all other zipLogix Product account credentials Furthermore you are entirely responsible for any and all activities that occur under your account You agree to notify zipLogix immediately of any unauthorized access or use of your account or any other breach of security that potentially compromises the privacy of your account credentials documents or information zipLogix will not be liable for any loss that you may incur as a result of someone else using your password or account either with or without your knowledge You may be held liable for losses incurred by zipLogix or another party due to someone else us ing your account or password You may not at any time give your zipLogix password or credentials to anyone else allow anyone else to use yo
46. tests junk email spamming or any duplicative or unsolicited messages commercial or otherwise e separate font software which generates typeface designs from zipLogix Products containing such software E Use Without a Valid License Use of each zipLogix Product requires that you have and maintain a valid license By using a zipLogix Product you represent and warrant that you have a valid license to use such zipLogix Product If you download install copy or otherwise access and use a zipLogix Product without a valid license you acknowledge and agree that you are in material breach of this Agreement Your license to use zipLogix Products is conditioned on your payment of any agreed upon amounts between you and zipLogix and your license may be terminated by zipLogix for nonpayment of any such amounts If your zipLogix Product account was purchased by your broker as an Admin Seat as defined in Section 2 A you hereby certify that you will not engage in any activities requiring a real estate license in your state concurrently with your use and access of the Admin Seat Engaging in any activities requiring a real estate license concurrently with use and access of an Admin Seat shall be considered a material breach of this Agreement F Backup Copies If permitted by a zipLogix Product you may make copies of the zipLogix Product as necessary for backup and archival purposes SECTION 2 LICENSE TERMS FOR ZIPLOGIX PRODUCTS A Grant of License Pe
47. to change at any time without notice 3 Disclaimer Digital Signatures You acknowledge and agree that zipLogix makes no representations or warranties and is not liable for the accuracy validity or invalidity of any authentication measure used in connection with zipLogix Digital Ink You may upload and sign pdf documents in zipLogix Digital Ink If the uploaded document already contains a digital signature zipLogix Digital Ink will create a new pdf file in which the existing digital signature is converted into a copy of the digital signature an Image similar to a photocopy of a document with a signature You understand and acknowledge that the Image is not a digital signature and will not contain the security features associated with a digital signature You may add new digital signatures to the uploaded document using zipLogix Digital Ink The new zipLogix Digital Ink digital signatures will have all of the security features associated with digital signatures If you need to access and recover pre existing digital signatures that were converted into Images those digital signatures will still be available in the original pdf file 4 Compliance with Law As routine practice zipLogix provides consumer disclosures for all signature transactions processed through zipLogix Digital Ink However zipLogix shall not be responsible for and you are solely responsible for determining whether the use of an electronic record or electronic signature com
48. trictly prohibited ERC reserves the right to change modify or discontinue the use or endorsement of any of its forms at any time without notice to the end user ERC makes no claims or representations concerning its forms whatsoever including their fitness for any specific purpose ERC is not connected in any way with any software vendor and licenses its forms widely C Florida Association of REALTORS FAR Forms FAR and FAR BAR forms 2013 Florida Association of REALTORS All rights reserved The FAR and FAR BAR forms included in this software are reproduced under a license agreement from Real Estate Industry Solutions LLC REIS licensing agent of the Florida Association of REALTORS This license agreement does not constitute an endorsement or recommendation of this software by REIS or FAR Blank forms may not be resold repackaged or redistributed to any third party Read your terms of service carefully D AIR Essentials for _zipForm User Information Representations and Warranties Form Changes If you purchase access or use AIR Essentials for zipForm the Commercial Forms Library you agree that REBS and or zipLogix may provide AIR Commercial Real Estate Association AIR with your name company name business address e mail address and your business telephone number your Information to assist you for statistical purposes for AIR s own membership needs and to offer you AIR training educatio
49. tual transactions or for any other purpose whatsoever unless otherwise expressly licensed by zipLogix Upon termination of the demonstration license you must immediately remove the zipLogix Product from any and all computers and or mobile devices if applicable and you may not use the zipLogix Product after termination unless otherwise expressly licensed by zipLogix B Installation and Use 1 Downloadable zipLogix Products If a downloadable zipLogix Product was purchased by you or is being provided to you pursuant to an agreement with a third party including the zipForm Form Viewer if applicable zipLogix grants you the right to install and use the zipLogix Product on any number of personal computers which are owned by you or that you are permitted to use in connection with your real estate transactions Each license is registered to you as an individual user 2 Online zipLogix Products If an online zipLogix Product was purchased by you or is being provided to you pursuant to an agreement with a third party zipLogix grants you the right to use the zipLogix Product online located at the website designated by zipLogix subject to the terms and conditions of this Agreement Each license is registered to you as an individual user 3 zipLogix Product Multi User License Broker Edition If you have purchased a multi user Broker Edition version of a zipLogix Product zipLogix grants you and each licensee for whom you have paid a multi user licen
50. ur zipLogix account password or credentials or use anyone else s zipLogix account pass word or credentials Giving your zipLogix password or credentials to another person allowing another person to use your zipLogix account password or credentials or using another person s zipLogix account password or credentials is a material breach of this Agreement C Monitoring zipLogix has no obligation but reserves the right to monitor and review your account information and history and the content and materials uploaded by you or others in the Forms Software or any other zipLogix Product for the purpose of determining compliance with this Agreement or to detect illegal activity For monitoring and other business purposes information about you and the association s of REALTORS you are a member of if any may be attached to documents exported from the Forms Software in pdf format zipLogix reserves the right at all times to disclose any information obtained through monitoring as zipLogix deems appropriate D Prohibitions on Use As a condition of your use of any zipLogix Product you agree that you will not use the zipLogix Product for any purpose that is unlawful or prohibited by these terms conditions and notices You may not use the zipLogix Product in any manner that could damage disable overburden or impair any zipLogix server s or the network s connected to any zipLogix server s or interfere with any other party s use of the zipLogix P
51. ve been infringed or if multiple copyrighted works at a single online site are covered by a single notification a representative list of such works at that site 3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit zipLogix to locate the material 4 Information reasonably sufficient to permit zipLogix to contact you such as your address telephone number and if available an electronic mail address at which you may be contacted 5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner its agent or the law 6 A statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed zipLogix will respond to all DMCA compliant notices pursuant to the procedures specified in the DMCA zipLogix will terminate the account of users who repeatedly infringe any other person s copyrights TERMS AND CONDITIONS FOR ALL ZIPLOGIX PRODUCTS SECTION 1 GENERAL TERMS AND CONDITIONS A Account Setup Use of a zipLogix Product may require that you open an account Your broker or administrator may do this for you or you may do this yourself During the registration process you mus
52. which the form is used or for your particular transaction You are advised to consult with an appropriate professional i e an attorney tax advisor etc to determine whether a specific form complies with federal state and or local laws rules and regulations and is otherwise valid and enforceable in the relevant jurisdiction and appropriate for your particular transaction AIR reserves the right in its sole discretion to add remove or otherwise modify a form in the AIR nationwide library of forms at any time without notice and as such you may wish to contact AIR at 213 687 8777 to ensure that you are using the most current version of the form zipLogix is not responsible for AIR s conduct with regard to the modification of its forms F New Hampshire Association of REALTORS Library The use of the forms provided by NHAR are offered and conditioned on the acceptance of the following terms conditions and notices If you do not agree with these terms and conditions do not use the NHAR forms The forms provided by NHAR should not be used as a substitute or an alternative for the advice ofan attorney NHAR does not provide legal advice NHAR s forms cannot therefore be relied upon as the equivalent of legal advice Because the law changes rapidly NHAR cannot guarantee that the forms provided are current or correct Not only does the law differ from jurisdiction to jurisdiction but it also is subject to interpretation by different courts The form

1 end-user license agreement for ziplogix products and services

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