January 16, 2012
Any mobile access to the Propertypond.com may be subject to your carrier's normal rates and fees.
Only residential properties for rent or lease ("Rental Property”) may be advertised for rent or lease on Propertypond.com (“Ad or Advertisement”). Properties that are for sale or for lease and sale may not be advertised, unless the property is also listed for sale by a REALTOR® in a local Multiple Listing Service in the Propertypond.com service area. In such case, the Multiple Listing number and the listing REALTOR® must be included in the Advertisement on the Propertypond.com website.
Propertypond.com is not directed to, or intended for use by, children (defined as age 12 or younger). Children should not use Propertypond.com or post any Advertisement or data to the website.
To protect your account information, WFR will enable each Propertypond.com User to register a name and password, or other unique identifier. Only registered Users will have the ability to modify the password and personal information, and to advertise or modify Advertisements on Propertypond.com.
To maintain current Advertisements, the term of each Advertisement shall be determined by WFR at the time of Advertisement submission. User agrees that any property advertised for lease on Propertypond.com shall be available to rent on the terms specified in the Ad. If the property is no longer available as advertised, the Ad must be removed within three (3) days by the User. Advertisements may be renewed or edited at any time by the User.
The Advertisement must include any mandatory fields of information required by WFR, and must comply with any advertising rules displayed on the Website. This may include submitting one or more photos of the property. Advertisements with photos may be given priority in search results.
The order of display of any Advertisement or any search results for available properties shall be determined solely by WFR.
It is the responsibility of any real estate agent or licensee posting an Ad to have a written listing agreement with the property owner or any potential tenant. Any real estate agent or licensee who desires to be paid a commission for representing a tenant must negotiate the terms of any commission directly with the property owner or the owner’s representative, including any licensed real estate agent.
Any offer of commission or compensation to a licensed real estate agent contained in any Advertisement, or to be paid by a tenant, and payment of the same, is subject to the requirements of applicable State law on payment of commissions to real estate licensees, and is governed by the terms of any written agreement between the real estate licensee and the owner or tenant of the property. Propertypond.com is not a multiple listing service and all commission agreements should be in writing documented by the parties. WFR shall have no liability or responsibility for payment of any commission or offer of compensation. WFR shall not fix, control, recommend, suggest, or maintain commission rates or fees for any lease transaction. WFR shall have no obligation to resolve, arbitrate, or otherwise enforce any dispute regarding the payment of any commission or other compensation.
The content and terms of any final written lease or rental agreement shall be the sole responsibility of the landlord and any tenant(s). WFR shall have no responsibility or liability for the content of any rental or lease agreement between the landlord and the tenant(s). Users are advised to seek competent legal counsel regarding the terms of any lease agreement.
Posting Advertisements, Rental Database, Representations and Warranties.
User content (“User Content”) includes all data, content and information submitted about a property Advertisement on Propertypond.com. User Content includes without limitation all photographs, images, graphics, video recordings, tours, drawings, written descriptions, remarks, and narratives submitted by Users toPropertypond.com.
Users hereby grant to WFR a non-exclusive, irrevocable worldwide, royalty free license to use, copy, distribute, sublicense, publish, reproduce, prepare derivative works, and display the User Content posted on Propertypond.com. You acknowledge and agree that WFR may license, or otherwise grant rights in or to the User Content or the rental property database to any third party for any lawful purpose deemed appropriate by WFR. You represent and warrant to WFR that the User Content, and the license of rights in and to the User Content to WFR, do not infringe or violate any copyrights, trade secrets, or other intellectual property rights of any third party. Users represent and warrant the following to WFR:
The User represents and warrants that User has all rights, title and interest, or has taken the appropriate action to acquire the necessary rights, to all copyright rights and other intellectual property rights, in and to the User Content submitted to Propertypond.com.
Users shall not knowingly submit any User Content, including graphics, photographs, text, or offers of commission, that is offensive, disparaging, false or misleading, or in violation of any law, including but not limited to, the Federal Fair Housing Act, 42. U.S.C. Section 3604 (c).
Users shall not use their User account to breach the security of the Propertypond.com website or gain access to the account of any other User.
If any User Content includes images of any persons, or the likeness or image of any person, User represents and warrants that User has obtained the written consent of each such person to the display of such likeness or image, and will deliver a copy of such consent to WFR upon request.
If User is a property owner and a licensed real estate agent, User will disclose the same and state in any Advertisement the User’s property ownership interest, if any, in the property described in any Advertisement. If User is a licensed real estate agent, User shall maintain a written agreement with the property owner or tenant describing the scope and terms of any agency agreement, and shall comply in all respects with all applicable state laws and regulations applicable to licensed real estate agents.
If you create a Link from Your Website, Your Website and you shall not do any of the following:
a. Create frames around the Propertypond.com website or otherwise alter the visual presentation of the Propertypond.com website.
b. Expressly state or otherwise imply that WFR or Propertypond.com is endorsing you, your products or services, or the content of Your Website.
c. Expressly state or otherwise imply an affiliation between you and WFR or Propertypond.com without the prior written consent of WFR.
d. Misrepresent your relationship with WFR or Propertypond.com or present false or misleading impressions about WFR’s products or services.
e. Disparage Propertypond.com or WFR or display the Link in a manner that diminishes WFR’s goodwill.
f. Include or display any material which is immoral, unethical, illegal or inappropriate for a professional Website.
g. Remove, modify or obscure any copyright or other proprietary right notices and usage restrictions on Propertypond.com, or on any content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved by WFR.
You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchisor or endorser of Propertypond.com and WFR is not a publisher, distributor, agent, franchiser or endorser of Your Website. WFR retains exclusive editorial control over Propertypond.com and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.
You represent and warrant to WFR that (1) you have duly registered the domain name of Your Website with all applicable authorities and/or have a license to use Your Website, and you possess all rights necessary to use such the domain name for Your Website, and (2) the content and materials which have been placed within Your Website, or any hyperlink therefrom, do not and will not infringe upon or violate (i) any U.S. copyright, patent, trademark or other proprietary right of a third party, (ii) any applicable law, regulation or non-proprietary right of a third party.
You agree and acknowledge that you, and not WFR, are responsible for Your Website and all content and uses of Your Website. In addition, you are solely responsible for your own security in linking to or using the Propertypond.com website, and for selecting or implementing any precautions you deem appropriate for your intended use of the Propertypond.com website.
You acknowledge that by linking to the Propertypond.com website, WFR does not in any way endorse, accept, or approve your Website or any content on your Website. WFR shall not be liable in any way for any claim arising from the operation of your Website or the use of the link to Propertypond.com.
Links to Other Websites.
The Propertypond.com website may contain links to other Websites. The linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that WFR is not responsible for the content or anything that may be delivered to you or your computer as a result of accessing any of the linked Websites. Specifically, WFR is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Propertypond.com website. The content of any linked Website is not under WFR's control, and WFR does not endorse such content, whether or not WFR is affiliated with the owners of such linked Websites. You should read the policies of a linked Website before making a decision to use that site.
Limitations on Use.
You agree not to use Propertypond.com or any content or information you may access from the Propertypond.com to engage in any unauthorized or inappropriate activities or for any unlawful purpose. This limitation includes any conduct that is unlawful, untruthful, misleading, tortious or that is harmful to WFR or any other person or entity. You agree not to post or upload any content that is hateful, threatening, pornographic, or inappropriate in the sole judgment of WFR.
You agree not to use any extraction tool, or any manual, computerized, or automated mechanism to access, compile, download, circumvent any login or security devices, or extract any content or information from Propertypond.com. This prohibition includes use of any data mining tools, spiders, robots, scrapers, algorithms, or other automated devices or methodologies, or similar tools or technologies.
WFR prohibits the use of, and you agree not to use, Propertypond.com or any information or content on Propertypond.com to harvest or collect information about Propertypond.com’s Users, or to transmit, distribute, or deliver any unsolicited bulk commercial email (“SPAM”). You may not send SPAM to any Propertypond.com User, or other person and you may not authorize others to do so.
User Representations and Warranties.
You represent and warrant to WFR that any information you provide on the Propertypond.com website will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of WFR, you agree that you will not access or attempt to access password protected, secure or non-public areas of Propertypond.com. Unauthorized individuals attempting to access prohibited areas of Propertypond.com may be subject to legal prosecution.
Use of Mortgage Calculation or Rent vs. Own Tools
Any mortgage calculation tools, Rent vs. Own tools, and any other financial tools available on Propertypond.com are for demonstration purposes only, and are not an offer to lend. Interest rates shown may differ from actual market interest rates. WFR does not guarantee the accuracy, sufficiency, correctness, veracity, completeness or timeliness of any information on Propertypond.com or determined using any such tools or service. You are responsible for verifying the sufficiency and reliability of any information or service.
You acknowledge and agree that the logos and trademarks of WFR and Propertypond.com (collectively WFR’s “Websites”) and the content and look and feel of WFR’s Websites are proprietary, original works of authorship of WFR, or licensed to WFR, protected under United States copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, WFR’s Websites, related intellectual property rights, methods of display and presentation, text, and the content and look and feel of WFR’s Websites are and shall remain with WFR. You agree not to contest or infringe these rights, directly or indirectly, at any time. We grant to you a limited and nonexclusive right and license to access and download a limited number of Advertisements from Propertypond.com solely for the use of Users who seek to advertise a residential property for lease, and Users who are searching for a residential property to lease. Other commercial uses of the Propertypond.com are prohibited. Without the prior written consent of WFR, your modification of the content, use of the content on any other Website or networked computer environment, or use of the content for any purpose other than expressly granted herein, violates the copyrights, trademarks or other intellectual property rights of WFR or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any Website, including Your Website, or in any other material the Marks or any other trademarks or copyrighted materials appearing on Propertypond.com or any of WFR’s Websites, including without limitation any logos.
Notification of Potential Infringement.
If any User or other person believes its copyright, trademark or other property rights have been infringed by any Advertisement or User Content included in the Propertypond.com website, the User or other person should send notification to WFR’s designated agent (“Designated Agent”), as identified below, immediately. To be effective, the notification must include:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed;
c. Information reasonably sufficient to permit WFR to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit WFR to locate the material;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), WFR’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be:
Wasatch Front Regional Multiple Listing Service, Inc.
230 West Towne Ridge Parkway
Sandy, Utah 84070
Attention: Rebecca Jensen
User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, WFR may immediately remove the identified materials from Propertypond.com and the Rental Database without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
No Copies of Propertypond.com Database.
Termination or Interruptions in Service.
Propertypond.com and access to the content of the rental property Advertisement Database may from time-to-time be unavailable, whether because of technical failures or interruptions, intentional downtime for service or changes to Propertypond.com, or otherwise. You agree that WFR shall have no liability of any nature to you or any third party for any modifications to Propertypond.com, and any interruption or unavailability of access to Propertypond.com. WFR reserves the right, at any time and for any reason, to change, terminate, limit, suspend, or discontinue Propertypond.com, or limit or refuse your access to the Propertypond.com for any lawful reason. You agree that WFR shall not be liable for doing so.
Use at your own risk, No Warranties; Exclusion of Liability.
WFR PROVIDES THE MATERIAL AND INFORMATION ON PROPERTYPOND.COM FOR INFORMATIONAL PURPOSES ONLY. BEFORE YOU ACT ON ANY RENTAL PROPERTY ADVERTISEMENT OR INFORMATION YOU HAVE FOUND ON PROPERTYPOND.COM, YOU SHOULD INDEPENDENTLY CONFIRM ANY FACTS THAT ARE IMPORTANT TO YOUR DECISION. WFR IS NOT RESPONSIBLE FOR ADVERTISEMENTS POSTED BY USERS AND IS NOT INVOLVED IN ANY ACTUAL TRANSACTION BETWEEN ANY LANDLORD AND TENANT OR BETWEEN ANY SELLER AND BUYER. ACCORDINGLY, YOU AGREE AS FOLLOWS:
a. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE ADVERTISEMENT ON PROPERTYPOND.COM IS AT YOUR OWN RISK. SUCH INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WFR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE ADVERTISEMENT OR ANY DATA, METHODS, OR INFORMATION CONTAINED IN OR PROVIDED THROUGH PROPERTYPOND.COM. WFR DOES NOT WARRANT THE FUNCTIONS CONTAINED IN PROPERTYPOND.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WFR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
b. IN NO EVENT WILL WFR BE LIABLE TO YOU, ANY USER OF PROPERTYPOND.COM OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH PROPERTYPOND.COM, INCLUDING THE LEASE OR PURCHASE OF ANY PROPERTY DISPLAYED ON PROPERTYPOND.COM. ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH PROPERTYPOND.COM IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WFR, OR ANY OF ITS OFFICERS, DIRECTORS, OWNERS OR AFFILIATES, AND VENDORS, BE LIABLE TO YOU, OR ANY USER OF PROPERTYPOND.COM OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION OR SERVICES OBTAINED BY OR PROVIDED THROUGH THE RENTAL WEBSITE, INCLUDING THE RENTAL OF ANY PROPERTY, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WFR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE ENTIRE LIABILITY OF WFR, IT OFFICERS, DIRECTORS, OWNERS, AFFILIATES, OR VENDORS, AND ARISING OUT OF ANY LEGAL CLAIM RELATED TO THE USE OF PROPERTYPOND.COM SHALL BE LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT YOU PAID TO WFR, IF ANY, FOR THE USE OF PROPERTYPOND.COM OR ANY INFORMATION, PRODUCTS, OR SERVICES RELATED THERETO.