Terms and Conditions of Purchase

Acceptance of Terms and Conditions of Purchase

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), create a contract between you and Aculist (“Company,” “we,” “our,” or “us”) and govern your purchase and use of Aculist Market Reports (the “Products”).

Please read the Terms and Conditions carefully. By clicking “I Agree,” you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, http://aculist.com/privacy-policy/, incorporated herein by reference.

Information Collection and Use

The information we collect on or through our website or via MLSListings, Inc. may include:

• Information that you provide by filling in forms on our website. This includes information provided at the time of registering to use our website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our website.
• Details of transactions you carry out through our website and of the fulfillment of your orders. You will be required to provide financial information before placing an order through our website. This includes your credit card information, name, and billing address.

Aculist is the sole owner of the information collected on the Aculist websites. We do not sell, share or rent this information other than as disclosed in this statement. At no time does Aculist collect information from customers other than information customers voluntarily give to us.

Payment

All payments to us are done through our third party billing system. You will be asked to supply certain information relevant to your transaction including your credit card information and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to save such information in our records for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You can request that we delete your records at anything by contacting support@aculist.com.

Price and Delivery

The Company agrees to sell Aculist Market Reports, subject to the Terms and Conditions of this agreement, for the total purchase price listed on page one (1) of the order landing page. Pricing is subject to change at the Company’s discretion.

The Company will deliver the Products by electronic mail in “portable document format” (“pdf”) within 1 hour after the receipt of the purchase price in full to the email address specified by You in Your MLSListings subscribers profile. In the event that you do not receive the Products within 1 hour after your purchase, you can follow up with our support team at support@aculist.com for further assistance.

Intellectual Property Rights and Acceptable Uses

The Products and their entire contents, features and functionality, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
 
These Terms and Conditions permit you to use the Products for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any part of the Products’ content, except as follows: you may, use or copy the content of the Products for personal use only, so long as you give attribution to Aculist. However, you must not modify the Products to include the branding or contact information of another agent.

If you modify the Products to include the branding or contact information of another agent, or use for any commercial purposes in breach of the Terms of Use, your right to use the Products will cease immediately and you must, at our option, return or destroy any copies of the Products you have made. Any use of the Products not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Content and Trademarks  

The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Resale Prohibition

Our Products are available for purchase only for your own personal use; resale of goods purchased from the Website is prohibited. This resale prohibition is a material condition to your rights under the Terms and Conditions, and it is agreed that any direct or indirect distribution, transshipment and/or sale of Products purchased from the Company, or others purchasing through you, will be a material breach of these Terms and Conditions, and will result in irreparable harm to us for which money damages will not be adequate. In the event of such breach, the parties agree that in addition to any other remedies we may have at law and/or in equity, we will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.

WARRANTY DISCLAIMER

WE ASSIGN THE PRODUCTS TO YOU “AS IS,” AND THE COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCT, INDCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR MERCHANTABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation on Liability

In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Products, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Force Majeure

Failure of the Company to make any delivery when due, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of the Company, including without limitation, fire, explosion, flood, drought, adverse weather conditions, war, riots, civil insurrection, terrorism, sabotage, accident, embargo, governmental priority, or requisition shall be excused. The Company shall have no obligation or liability whatsoever arising out of or in connection with any such failure.

Indemnification  

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, including, but not limited to, your use of the Products’ content other than as expressly authorized in these Terms and Conditions.

Governing Law and Venue

All matters relating to these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the courts of the State of California in each case located in County of Santa Clara. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
 
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Notice

All notices, requests, claims, demands and other communications between the parties shall be by electronic mail. The Company will send all notices, requests, claims, demands and other communications to the email provided by you.

You agree to send all notices, requests, claims, demands and other communications to the Company to support@aculist.com.

All notices shall be effective:

(a) If given by certified or registered mail, five (5) business days after certification or registration thereof, to any officer (or an authorized recipient of deliveries to the office) of the party to whom given; or
(b) If given by email, upon delivery to the email address specified by You in Your MLSListings subscribers profile.

Entire Agreement

The Terms and Conditions constitute the sole and entire agreement between you and the Company with respect to Products’ purchases and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Products.

Last updated: July 11, 2017