BAP PROGRAM - Terms and conditions
Effective as of May 26, 2017
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND REALTY BAP NETWORK and BAP PROGRAM _____ ("We" or "Company"). BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE REALTY BAP NETWORK AND BROKER AGENT PARTNER PROGRAM (“BAP PROGRAM”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND CONDITIONS (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF REALTY BAP NETWORK AND BAP PROGRAM. COMPANY IS WILLING TO LICENSE AND ALLOW THE USE OF THE REALTY BAP NETWORK AND BAP PROGRAM ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE REALTY BAP NETWORK AND BAP PROGRAM.
TERMS AND CONDITIONS
1. LICENSE GRANT. The Realty BAP Network and BAP Program are provided by the Company, and this Agreement gives you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Realty BAP Network and BAP Program conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement allows you to use and access for personal or business purposes the Realty BAP Network and BAP Program (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. If you are using the Realty BAP Network and BAP Program on behalf of a company or other form of entity, please note that such company or entity may have a separate agreement with Company regarding access and usage privileges for the Realty BAP Network and BAP Program. Nevertheless, your personal use of the Realty BAP Network and BAP Program will be subject to the obligations and restrictions regarding the use of the Realty BAP Network and BAP Program as set forth in this AGREEMENT.
2. PRICE AND PAYMENT. The Realty BAP Network and BAP Program may be offered on a monthly basis for the prices specified and pursuant to the specific terms offered by Company to you with this Agreement and established separately on a case-by-case basis. Payment shall be made in U.S. Dollars.
3. RESTRICTIONS. The foregoing license is limited. You may not use the formulas or derivatives of formulas, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the BAP Program including but not limited to: RECRUITING BONUS; REWARD/YEAR... ETC in any manner not expressly permitted by this Agreement. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Realty BAP Network and BAP Program.
4. USER OBLIGATIONS. By downloading, accessing, or using the Realty BAP Network and BAP Program in order to view information and materials or submit information of any kind, you represent that you are at least 18 years old and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Realty BAP Network and BAP Program. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Realty BAP Network and BAP Program. This Agreement is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
5. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use the Realty BAP Network and BAP Program. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title from the Realty BAP Network and BAP Program to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the BAP Program, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Realty BAP Network and BAP Program may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Realty BAP Network and Bap Program, Company, the Company logo, and all other names, logos, and icons identifying Company and its programs, products, and services are proprietary trademarks of Company, and any use of such marks, including, without limitation, as domain names, without the express written permission of Company is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about Company's products and services, and the Realty BAP Network and BAP Program. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through the Realty BAP Network and BAP Program will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
7. DISCLAIMER. WHILE COMPANY ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE REALTY BAP NETWORK AND BAP PROGRAM ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE REALTY BAP NETWORK AND BAP PROGRAM. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE REALTY BAP NETWORK AND BAP PROGRAM FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE REALTY BAP NETWORK AND BAP PROGRAM WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
8. LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE REALTY BAP NETWORK AND BAP PROGRAM, WITH THE DELAY OR INABILITY TO USE THE REALTY BAP NETWORK AND BAP PROGRAM, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE BAP PROGRAM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE REALTY BAP NETWORK AND BAP PROGRAM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
9. INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this Agreement.
10. GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Texas, U.S.A. as applied to agreements entered into and completely performed in the State of Texas. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Texas for any disputes between us under or arising out of this Agreement. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Company makes no representation that the Realty BAP Network and BAP Program are appropriate or available for use in other locations outside the State of Texas, and access to the BAP Program from states, territories, or nations where any aspect of the Realty BAP Network and BAP Program is illegal or is prohibited. You access the Realty BAP Network and BAP Program on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Realty BAP Network and BAP Program. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company if you wish to receive a printed copy of this Agreement.
11. TERM AND TERMINATION. This Agreement and your right to use the Realty BAP Network and BAP Program will take effect at the moment you install, access, or use the Realty BAP Network and BAP Program and is effective until terminated as set forth below. In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Realty BAP Network and BAP Program or to any portion thereof in order to protect its name and goodwill, its business, and/or other authorized users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. The Company may suspend or terminate your use of the Realty BAP Network and BAP Program if any payment owed for this service is not received. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Realty BAP Network and BAP Program, but all applicable provisions of this Agreement will survive termination, as identified below. In addition to the miscellaneous section below, the provisions concerning Company's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
12. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this Agreement. The parties agree that this Agreement is for the benefit of the parties hereto as well as Company's licensors. Accordingly, this Agreement is personal to you, and you may not assign your rights or obligations to any other person or entity without Company's prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your utilization of the Realty BAP Network and BAP Program. Headings herein are for convenience only. This Agreement and any set payment terms accompanying this Agreement represent the entire agreement between you and Company with respect to use of the Realty BAP Network and BAP Program, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Realty BAP Network and BAP Program.
REALTY BAP NETWORK POLICY
1. Treat each other with dignity and respect.
2. Transparency: avoid hidden agendas.
3. Be genuine with each other about ideas, challenges, and feelings.
4. Trust each other. Have confidence that the issues discussed will be kept in confidence.
5. Listen first to understand, and don’t be dismissive of the input received when you listen.
6. Practice being open-minded.
7. Don’t be defensive with your colleagues.
8. Support each other—don't throw each other under the bus.
9. Avoid territoriality.
10. No spamming. Asking the same Use English question or posting the same comment repeatedly after it has been removed by admins due to rule violation will result in a ban.
11. Report rule-breaking. If you see a post/comment that violates our rules, report it to the admins — DO NOT verbally attack the author of said post/comment
12. English only. To make sure all members of the group understand you, please use only the English language.
13. Stick to the topic. We only allow posts and comments related to the group’s activity. Off-topic content will be removed, and you will get a warning.
14. Be civilized, and kind.
15. Real estate post is mandatory at least once a week.
16.We reserve the right to select the group members. If you are denied, you’ll not receive an explanation.
