CIMLS User Agreement

Updated: January 22, 2012


Terms

The term CIMLS is used to refer to Commercial Investment Multiple Listing Service and associated websites and e1 Solutions and affiliates in this document. The term user in this document refers to any person or entity utilitizing CIMLS for any purpose.


Information

The information presented by CIMLS is deemed to be accurate, but it has not been independently verified. We make no guarantee, warranty or representation. It is the user's responsibility to independently confirm accuracy and completeness.


User Conduct

User agrees to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the service. In addition, user agrees not to use the service to: (a) use information from the service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, phone numbers, or listings without their consent; (c) transmit through or post on the service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the service.


Material Submittal

Material submitted for publication becomes the property of CIMLS and may be edited for publication. Material may be used in other media. CIMLS may send information and updates occasionally that is relevant to Commercial Real Estate. User grants permission to CIMLS to use User's logo on the CIMLS Web Site or any other marketing material when referring to User.


Termination

CIMLS, in its sole discretion, may terminate user's password, account or use of the service and remove and discard any data within the service if user fails to comply with this Agreement. User may terminate the service upon written notice to CIMLS and termination will be effective 30 days after the receipt of written cancellation notice by CIMLS; however, for the paid services, the user will not receive a refund of any portion of fees paid to CIMLS and User will be liable for all fees up to the effective termination date. Upon termination, user's rights to use the service, web solutions, domain name, design and associate technologies will also terminate.


Indemnification

User shall indemnify and hold e1solutions and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of, or in connection with user's use of the service (including the content) or breach of this Agreement.


Limitation of Liability

In no event shall CIMLS aggregate liability exceed the amount actually paid by user in the twelve (12) month period immediately preceding the event giving rise to such a claim. In no event shall e1 Solutions be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind arising out of, or in any way connected with this service, including but not limited to user's use or inability to use the service or for any content obtained from or through the service, even if e1 solutions has been previously advised of the possibility of such damages. All Purchases are final and no refund will be made.


Binding Arbitration

In the event of any dispute or claim relating to or arising out of your relationship with e1 Solutions, both parties agree that all such disputes shall be fully and finally resolved by binding arbitration conducted by the American Arbitration Association in the State of Washington.


Entire Agreement

This letter contains all of the terms of between parties and supersedes any prior understandings or agreements, whether oral or written, between you and the Company.


Amendment and Governing Law

This Letter of Agreement may not be amended or modified except by an express written agreement signed by you and a duly authorized officer of the Company. The terms of this Letter of Agreement and the resolution of any disputes will be governed by Washington Law.