Thank you for deciding to try myRealProspects! 7 Day Free Trials are limited to one per MLS user. We do not ask for credit card information for the Free Trial. If you wish to continue using myRealProspects, simply return to myRealProspects.com and click on the Sign Up button to create your paid account within 30 days, and your data you created during the Free Trial will remain available.
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by the Terms and Conditions stated below:
myRealProspects Policies and Terms and Conditions of Service
Copyright/Restrictions of Use of Service
I understand myRealProspects Software & Services are copyrighted and licensed, (not sold) to me. I agree not to share, copy, or otherwise re-distribute software, username, or password without the written consent of TechSouth Consulting, LLC (myRealProspects). myRealProspects hereby grants a non-exclusive license to use the Software. The Software may be used only by me on a computer owned, leased, or otherwise controlled by me; or in the event of inoperability of that computer, on a backup computer selected by me. Neither concurrent use on two or more computers nor use on a local area network or other network is permitted. I further agree that I will not allow anyone else to use my myRealProspects software username or password. I agree the Software and services are for personal use only and will not assign, sublicense, transfer, lease, rent, or share my rights under this agreement. I agree I will not reverse assemble, reverse compile, otherwise translate or redistribute the Software.
Wherefore, I, a licensed Real Estate Agent, desire for myRealProspects to be my personal assistant to create an export file and/or automation from my MLS Account for my personal use within myRealProspects.com or my personal computer. myRealProspects agrees to act as my MLS personal assistant. I acknowledge that I am responsible for ensuring that this agreement is in full compliance with all applicable laws and MLS regulations in all jurisdictions in which the services are provided by myRealProspects. I am also responsible for ensuring that both myRealProspects and I are authorized under all applicable MLS, state, and federal laws and regulations to allow myRealProspects to act as a personal assistant, to provide a proxy login to my MLS accounts, and to automate the exportation of files.
General Disclaimer
myRealProspects has made reasonable best efforts to ensure accurate information in its Expired Listing service and to provide it in a timely, accurate manner. myRealProspects assumes no responsibility for any unintentional errors, misrepresentations, or inaccurate information. myRealProspects provides this service content "as is" and without warranties of any kind, either expressed or implied, to the fullest extent allowed by law. myRealProspects does not warrant uninterrupted, error free function of it's products and services. Further, I acknowledge that service cannot be guaranteed in the face of causes outside the reasonable control of myRealProspects including, without limitation, labor disturbances, acts of God (including, without limitation, severe weather), failure of a communications carrier to provide lines or service, governmental regulations or interference, accidents, fires, explosions, or from any other similar or dissimilar cause beyond the reasonable control of myRealProspects ("Force Majeure").
I acknowledge and agree that the software is a proprietary product of TechSouth Consulting, LLC (TSC), protected under U.S. copyright law. I further acknowledge and agree that all rights, title, and interest in and to the Software, including any associated intellectual property rights, are and shall remain with TSC. myRealProspects reserves the right to maintain contact information of listing data for client and server systems. This Agreement does not convey an interest in or to the Software, but only a limited right of use revocable in accordance with terms of this Agreement. I acknowledge my responsibility for, and use of my best efforts to prevent the breaking of these terms by any other person. I acknowledge that confidential information may be obtained by me during the term of this agreement concerning operations and affairs of myRealProspects and the particular methods and procedures used by it to conduct business, and agree that all records, data, materials, and all other information and equipment provided by myRealProspects are the sole property of myRealProspects and remain so after termination of this agreement. I agree to surrender all such information or material to myRealProspects on demand or upon termination of this Agreement by either party.
Termination
myRealProspects reserves the right to terminate service to any subscriber at any time at its sole discretion. Subscriber may terminate the subscription and service at any time by emailing a cancellation request to support@myRealProspects.com. In order to avoid a renewal of the subscription term the email must be received at least five (5) days prior to the bill date. No refund of fees shall be given if Subscriber is in breach of this Agreement.
I agree as a subscriber that I have information about myRealProspects and that for a period of 60 months, irrespective of cause of termination of said agreement, I will not engage either directly or indirectly, personally or by any agent, use, copy, disclose, reproduce, disseminate, or otherwise produce in oral, written or electronic fashion, to any person, firm, or corporation, the name, or by means of any corporate or other device, in an expired listing service. I will not use knowledge of the business for the benefit of me or other person, or divulge information or data concerning myRealProspects, including, customer names, prices, terms or particulars of myRealProspects, whether by gift, sale, lease, or any device, subterfuge, or evasion. I will in good faith protect the good will of myRealProspects.
Terms of Subscription
The Subscriber understands the service is on an ongoing basis with a monthly, quarterly (3 months), and/or annual (12 month) subscription package. Subscriber also understands the recurring fee to receive services and license to software will be automatically billed to the credit card given to myRealProspects until Subscriber decides to cancel service. In the event of a free trial, regardless of length, if credit card information is given, billing will automatically start if Subscriber does not cancel prior to the end of the free trial period. Subscriber understands that after the free trial period expires, Subscriber may continue to use services/software as long as Subscriber's account is current. Subscriber also agrees to pay the recurring charge and will automatically be billed on the credit or debit card given to myRealProspects until Subscriber decides to cancel the account. Subscriber may use a free trial one time only.
This Agreement constitutes the entire understanding between the parties hereto and supersedes all negotiations, representations, prior discussions, and preliminary agreements between the parties hereto. This Agreement shall be construed as though all parties had drafted it. This Agreement may not be modified except by a written instrument, digitally initialed or signed by me and by myRealProspect's principals or its signatory to this Agreement. All warranties, representations, indemnities, covenants, and other agreements of the parties hereto shall survive the execution, delivery, and termination of this Agreement. This Agreement shall insure and bind the successors and assigns of the respective parties hereto.
Payment of Charges
By subscribing to a free trial or direct service provided by myRealProspects, and by providing either credit card or debit card information, the Subscriber consents to subsequent recurring billing for services/license of software provided by myRealProspects after the expiration of the free trial period to the extent said period is applicable, or in the event that a free trial is not applicable. Subscriber consents to recurring billing for services/license of software provided on an ongoing basis. Such recurring billing shall continue until such time as Subscriber cancels the service in accordance with cancellation policy. I agree to keep my billing information current with myRealProspects. I understand that myRealProspects further reserves the right to cancel or terminate my account for excessive, abusive, or inappropriate use in the number and type of queries submitted for research.
Limitation of Liability
myRealProspects shall not be liable for any claims relating to the Software and this agreement, including any cause of action sounding in contract, tort, or strict liability, that shall exceed the license fee paid to myRealProspects for use of the Software. In no event shall myRealProspects be liable for any loss of profits; any incidental, exemplary, special, or consequential damages; or any claims or demands brought against me, even if myRealProspects has been advised of the possibility of such claims or demands.
Indemnification
I shall indemnify, hold harmless, and defend myRealProspects and its respective employees, officers, and directors from and against any and all damages, losses, liabilities, actions, proceedings (whether legal or administrative), demands and expenses (including but not limited to reasonable attorneys fees) threatened, asserted or filed by a third party against myRealProspects, relating to my account and/or my relations with myRealProspects. By subscribing to myRealProspects, Subscriber agrees not to disclose any assigned codes, including passwords and user names, to others. Subscriber also agrees not distribute the information contained in the product or service to any person or organization by any means, printed, electronic, or other.
Privacy
Unless noted when the information is obtained, myRealProspects does not make available to third parties information that personally identifies its subscribers or customers, with the exception of: Subscriber linked to web site (subscription form) from another web site, information may be disclosed to the owners of website.
Governing Law
The contents of the Service, Product, and Website, and any claims related to them, are governed by the laws of the State of Georgia. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such State. Any dispute, claim or controversy concerning duties under this Agreement shall first be mediated in Cherokee County, Georgia. In the event that mediation is unsuccessful, the case shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association ("AAA") and shall take place in Cherokee County, Georgia. Each party shall bear the expense of his own attorney's fees and its prosecution of its claims/defenses. The parties shall share equally all other costs and expenses associated with such arbitration. Failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in the event of future breaches. I understand and agree that myRealProspects may at any time revise these Policies. I am bound by all such revisions and agree therefore to periodically visit this web page to review current Policies to which I have agreed to abide.
The above Terms and Conditions of service constitute the entire and only agreement between Subscriber and myRealProspects.com on the matters described
