Fees and Registration Requirements for Real Estate Professionals
Parcelion offers services targeted to Real Estate Professionals. To receive these services, Real Estate Professionals must accurately complete a registration for a desired service and agree to payment obligations for such service.
Payment of Charges
A. On Time Payment
A Real Estate Professional is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. In certain cases, a non-refundable setup fee may be charged before the account will be enabled. Parcelion may terminate or disable Real Estate Professional's account if Real Estate Professional fails to pay any amount due to Parcelion when due. If the credit card expires or otherwise declines payment, access to Parcelion can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) an additional 15% of the balance, or 1.5% per month whichever is larger, or (b) the maximum allowable by law. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Real Estate Professional shall pay all costs of collection, including legal fees, incurred by Parcelion. Each time Parcelion services are used, the Real Estate Professional affirms that Parcelion is authorized to obtain payment from Real Estate Professional through the selected payment method. All fees are quoted and payable in United States dollars. The Real Estate Professional is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Parcelion including Charges incurred on your account by the Real Estate Professional, or anyone the Real Estate Professional allows to use the Real Estate Professional's account.
B. Payment Methods
Real Estate Professional’s complete billing address and telephone number must be provided to process payments. Parcelion accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods Parcelion may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. Parcelion may charge a twenty-five dollar ($25.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
C. Account Discrepancies
A Real Estate Professional may always contact Parcelion customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. If Real Estate Professional disputes any charges made or believes that there is a discrepancy with respect to traffic delivered by Parcelion, Real Estate Professional must notify Parcelion in writing within 30 days from the date of the charge; failure to so notify Parcelion shall result in the waiver by Real Estate Professional of any claim relating to any such disputed charge or discrepancy.
Obligations of Real Estate Professionals Registered with Parcelion
By completing your registration with Parcelion.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Parcelion services;
b. All information you submit to Parcelion or pursuant to a Parcelion service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to Parcelion or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested Parcelion service;
e. You agree to be contacted via Email by Parcelion, and third parties if relevant, regarding Parcelion's services;
f. You will not use or attempt to use any facility provided by Parcelion wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
g. You will not refer Parcelion supplied leads to any other person;
h. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your use of this Parcelion service, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
i. You hereby grant Parcelion permission to e-mail or display your Profile and such other information as may be supplied by you to Parcelion on or from Parcelion's website (www.Parcelion.com) and such other partner and affiliate websites as Parcelion shall deem advisable in its sole determination for marketing purposes;
Parcelion offers Real Estate Professionals the ability to upload his/her listings for display on the Parcelion and other websites. Parcelion makes no warranty or representation with respect to exposure or display of such listings or with respect to any traffic or client click through for such listings.
Unless otherwise agreed in a writing signed by Parcelion, by submitting or approving for posting content, photos, video, data or other materials directly through the Parcelion web site (collectively, "Materials"), you hereby grant to Parcelion a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub-licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to Parcelion a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.
The Parcelion web site may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Parcelion does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. For those blogs that you manage or control through the Parcelion web site, You, the Real Estate Professional, are solely responsible for all content, including comments, that are posted in connection with your blog. Do not use or allow vulgar, abusive or hateful language. You may not use or allow the use of the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Parcelion web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Parcelion responsible for any third party's use of information contained in such posting.
Given the nature of the Parcelion web site and the volume of Materials submitted, Parcelion cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that Parcelion: (a) will not be liable for Materials; (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you; and (c) shall have the right to terminate or restrict access to any blog on the Parcelion web site.
Representations and Warranties
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the web site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the web site shall not violate any agreements between you and a third party.
You agree to indemnify and hold Parcelion, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the web site or your reliance on the Content or your use of Parcelion's services, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the Parcelion web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without Parcelion's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Parcelion web site or Parcelion's hardware and software infrastructure or that of any of its Licensors or Suppliers.
Modification Of Parcelion Services
Copyright and Trade Mark Notices
All contents of the Parcelion.com website are Copyright © 1999-2010 Parcelion.com, Inc. and or its suppliers, 3777 Stevens Creek Blvd., Suite # 420, Santa Clara, CA, USA. All rights reserved Parcelion is a registered trademark of Parcelion.com, Inc. Other product and company names may be trade or service marks of their respective owners.
LINK TO REAL ESTATE PROFESSIONAL'S WEBSITE
Real Estate Professionals who register for Parcelion services, agree that Parcelion may link or otherwise drive traffic to that Real Estate Professional's website from time to time in Parcelion's sole discretion.
DISCLAIMERS AND LIMITATIONS
Parcelion intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, Parcelion may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Parcelion AND/OR ITS SUPPLIERS, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Parcelion'S SERVICES IS AT YOUR OWN RISK. Parcelion AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Parcelion'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Parcelion AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Parcelion OR Parcelion'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Parcelion'S LIABILITY, AND THE LIABILITY OF Parcelion'S SUPPLIERS, TO YOU, THE REAL ESTATE PROFESSIONAL, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE REAL ESTATE PROFESSIONAL, PAID TO Parcelion IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
ERRORS AND DELAYS
Parcelion is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION Any claim or controversy arising out of or relating to the use of Parcelion's services, to the goods or services provided by Parcelion, or to any acts or omissions for which you may contend Parcelion is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Alameda County, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Parcelion. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Parcelion WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.