Effective Date: February 21, 2014.
The following terms and conditions apply to everyone who uses Wixal’s Services (including real estate professionals), and they govern the relationship between Wixal and our users during their use of Wixal’s Services.
Our Services: Our Services include the real estate lead generation subscription services, and other content, products, and services available on the www.Wixal.com and Wixal mobile applications. The Services may sometimes be located on third-party Web sites or applications, either as links from an add-on service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Subscription Terms and Conditions.
None of Our Services Is an Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
Deal with Us in Good Faith: By creating an account, you agree that you are signing up for Wixal’s Services in good faith, and that you mean to use them only for their intended purposes as real estate information tools and for no other reasons.
Security: While Wixal works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
Be Truthful : You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home, or otherwise provide content via the Services.
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
Do Not Violate Others’ Rights : You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant Wixal a License to Use Your Content: When you provide User Content via our Services, you grant Wixal a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.
Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Wixal may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We reserve the right in our sole discretion to edit or remove information or materials provided by you.
Wixal User Information Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about Wixal users that is transferred to you during your use of Wixal’s Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
To the extent that you purchase any goods directly from us, we may refund you your purchase price within sixty (60) days of you notifying us in writing of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website. Services provided (i.e. home seller leads provided to real estate agents on a monthly subscription basis) are non-refundable. If you would like to request a refund, please contact us at email@example.com.
Our Materials Are Protected: All materials in Wixal’s Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of Wixal, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “Wixal” or any other name, trademark, or product name of Wixal without our permission.
Our Use of Third Parties’ Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Wixal Does Not Own Real Estate Source Images: Wixal does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Wixal uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Wixal does assert copyright and reserves all right to the search results and associated compilations.
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Wixal 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 Wixal’s copyright agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to Wixal, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Wixal’s Copyright Agent for notice of claims of copyright infringement is provided below.
DMCA Agent: Wixal
1684 San Miguel Dr, Walnut Creek, CA 94596 USA
Phone Number: 925-683-1642
Facsimile Number: 925-279-1241
Email address: josh@Wixal.com
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF Wixal’S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
Wixal takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Site or Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Wixal is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.
IN NO EVENT SHALL Wixal, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (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), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modification of Wixal Services: Wixal reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. Wixal will not be liable to you or any third party if we exercise this right.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Copyright © 2014 Wixal – ALL RIGHTS RESERVED.