ActiveRain Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.

The ActiveRain Web site you are accessing (the “Site”) is provided by Market Leader, Inc, and/or an affiliate thereof (individually and collectively, “ML”).

These Site Terms apply to your access to, and use of, the Site so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with ML or its affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.

ActiveRain payment terms

If you register for an ActiveRain product or service that requires the payment of fees by you, such fees will be paid by you by credit card upon your registration for such product or service and at regular monthly or annual intervals thereafter, as applicable. If you do not pay for a product or service as required, ActiveRain may suspend such product or service, and such product or service may be made available to another person. You may terminate any ActiveRain product or service at any time, however you must cancel within 3 days of the beginning of the applicable period (month or year depending on your subscription) in order to avoid being charged for such period (or to receive a refund for such period). Only termination requests by phone to ActiveRain’s Billing Department at 888.643.3837 will be honored. If your credit card expires or otherwise declines payment, your products or services may be suspended and made available to another person. In order for ActiveRain to process payments, you must provide ActiveRain with your complete billing address, telephone number and credit card information. ActiveRain accepts major credit cards, including Visa, MasterCard and American Express.You are welcome to contact ActiveRain Member Services by phone at 888.643.3837 concerning any charges or questions regarding the product or service that you purchased. To cancel any service and request a refund, you must notify ActiveRain by phone at 888.643.3837 within 3 days from the date you signed up for the service; failure to notify ActiveRain within this time will result in the waiver by you of any claim relating to any charge for the applicable service.

License to use sub-domains

If the product or service specifically includes the ability to use a sub-domain, ML grants to you a non-transferable, non-exclusive, limited and revocable license to use the sub-domain that ML assigns to you. ML reserves the right in its sole discretion to terminate or modify such license and to take action against any use that does not conform to these Site Terms. Except as set forth above, nothing in these Site Terms grants or should be deemed to grant to you any right, title or interest in or to any sub-domain. Your use of any ML assigned sub-domain will inure to the benefit of ML.

Advertising

If the product or service includes the right for you to advertise on the Site, you are responsible for adhering to all laws, rules, regulations and guidelines, and ML reserves the right to accept or reject any advertisement or require the elimination or revision of any of your advertising content. In addition to restrictions imposed by any applicable law, rule, regulation or guideline, ML imposes the following guidelines: (1) advertisements may not, directly or by implication, be vulgar, obscene, profane, pornographic, threatening, hateful or contain nudity; (2) beer, wine, hard liquor or distilled spirits (including products containing components thereof) may not be advertised on the Site; (3) advertising claims must be substantiated (prior to running the advertisements) with valid and reliable research or support; (4) advertisements comparing products or services may not distort or exaggerate differences or otherwise create a false, deceptive or misleading impression; (5) contests or sweepstakes may not be advertised on the Site; (6) firearms, ammunition, cigarettes, cigars, pipe tobacco, tobacco paraphernalia and smokeless tobacco may not be advertised on the Site; (7) advertisements may not make claims or representations that are false or that tend to deceive, mislead or misrepresent.

Advertising standards and practices may vary from region to region and, as such, it is your sole responsibility to ensure that any advertisement that you submit to the Site conforms to all applicable laws, rules, regulations and guidelines. The display of any advertisement on the Site does not constitute ML's approval of that advertisement or its content.

Privacy and consent to communications

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, email, mail, texting or otherwise.

Use of site; limited license

You are granted a limited, non-sublicensable license to access and use the Site and all content, data, information and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the Site Materials. You will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful, or harms ML and/or its suppliers.

Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web ”bots” or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.

Account security

Each person that is provided with a password and user ID to use the Site ,if applicable, must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account. Third party products and services; third-party content

We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any such service.

The Site and the services offered therein are provided solely as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers and other home-related service providers. ML does not provide any real estate, appraisal or home-related services, and do not hold ourselves out as being licensed to perform any such services. ML does not sponsor, endorse, recommend or approve of any real estate agent, broker or other home-related service provider who offers services through the Site. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Site is licensed, qualified, or capable of performing any such service.

It should also be noted that ML does not make any assurance as to the timeliness or accuracy of information provided by any real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.

Public areas

If a “Public Area” is available on the Site, such as a forum, message board, or other community area that allows user posts, you are solely responsible for any information, text, photos, content or material that you upload, post or transmit to the Site (“User Content”). You are also responsible for your reliance on any communications found in such areas. If you feel you or someone is in danger, or you believe illegal conduct may take place or has taken place, you should contact your local law enforcement agency immediately. If you believe you may have a medical emergency, call your doctor or 911 immediately.

You agree that you will not engage in any of the following activities, any of which would be deemed a breach of the Site Terms:

• Violating local, state, or other applicable laws or regulations;
• Posting User Content that infringes the intellectual property rights, privacy, publicity or other rights of any third party;
• Posting User Content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any third party as determined in our sole discretion;
• Posting advertisements or other materials to solicit business for yourself or any third party unless included as a feature of the product or service;
• Disrupting or impeding the discussion flow of others on the Site;
• Posting chain letters or pyramid schemes;
• Impersonating a third party or implying you are someone other than who you are;
• Distributing viruses or other harmful or malicious computer code;
• Collecting information about others without their explicit written consent;
• Allowing a third party to use your identification or to pretend they are you; or
• Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the Site, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type

ML may, but is not obligated to, do one or more of the following:

• Record, monitor, modify or disclose User Content;
• Investigate a complaint that User Content violates the Site Terms, and determine in our sole discretion whether to remove the material or take other action;
• Remove User Content if we determine in our sole discretion that a violation of the Site Terms has occurred or may occur in the future; or
• Terminate a user’s access to the Site (or any portion thereof) if he or she has violated our Site Terms.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding ML or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. Although you retain any ownership rights that you may have in and to your content, once you post your content to the Site, you hereby grant to ML, its affiliates and their respective successors and assigns a perpetual, worldwide, non-exclusive, sub-licensable (through multiple tiers) right and license, but not the obligation, to post, use, copy, publish, publicly display, exhibit, promote, transmit, frame, package, repackage and syndicate your content, or any portion thereof, and to publish your name in connection with your content and each of the foregoing activities, in all languages, via all distribution channels, and all partnerships and/or other channels that ML may from time to time take part in, promote or sponsor, without acknowledgment or compensation to you.

Hyperlinks

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Disclaimer

THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. ML AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.

Limitation of liability

IN NO EVENT WILL ML OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.

Termination

We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.

Applicable law and venue

These terms and conditions are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General terms

If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.

Copyright, trademark and patent notices

Portions of the Site are protected by ML intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of ML and its suppliers and are protected by U.S. and international copyright laws.

The ML name, and any ML products and services slogans or logos referenced herein are either trademarks or registered trademarks of ML in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), ML has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide ML's copyright agent the following written information:

1. a detailed description of the allegedly infringed copyrighted material,
2. a description of the location of such material on the Site,
3. your contact information, including address, telephone number, and email address (if any),
4. your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law,
5. your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and
6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

Contact information for ML's Copyright Agent for notice of claims of copyright infringement is provided below.

DMCA Agent: Market Leader Legal Department

Address: 11332 NE 122nd Way, #200, Kirkland, WA 98034

USA Phone No.: 425-952-5500

Facsimile No.: 425-952-5651

Email address: copyright@marketleader.com

The parties have required that the Site Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s`y rattachent soient rédigés en anglais.

Last revised: October 2013