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Terms of Use
THIS COMPUTER PROGRAM IS A PROPRIETARY TRADESECRET OF MY OWN REAL ESTATE CORPORATION, HEREINAFTER ABBREVIATED AS “MORE”. POSESSIONS AND/OR USE OF THIS PROGRAM SHALL BE STRICTLY IN ACCORDANCE WITH A LICENSE AGREEMENT BETWEEN USER AND MORE, AND RECEIPT, USE, OR POSESSION OF THIS PROGRAM DOES NOT CONVEY ANY RIGHT TO DIVULGE, REPRODUCE, OR ALLOW OTHERS TO USE IT WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF MORE. COPYRIGHT c 2011, ALL RIGHTS RESERVED.

IMPORTANT - READ CAREFULLY: This My Own Real Estate Service Agreement ("Service Agreement" or "Agreement") is a legal document that details your rights and obligations as a User of a service provided by MORE. In this Agreement:

"User" means an individual or business that has enrolled in the Service and has not had the Service terminated through cancellation. "Service" means any MORE Internet-based application.

"Enrollment" means the process of subscribing to the Service. You are "Enrolled," and "Enrollment" has occurred, when you create an account for online Service by providing billing information, including checking account or credit card information, for the purpose of paying fees associated with the Service. You cannot become a User or create a Service account until you have accepted the terms of this Service Agreement.

This Agreement provides very important information about the Service, so you should take the time to read and understand it. If you have questions about this Agreement, or your rights and responsibilities as a User, please click on the "Contact Us" link and complete the inquiry form.

Your privacy is very important to MORE. Users of this Site should refer to our Privacy Policy for information about how we collect and use personal information. By accepting this Agreement you expressly consent to MORE's disclosure and use of your personal information (including using email to communicate with you) as described in the privacy policy, which is incorporated herein by reference.

Qualifications to Use the Service

To access the Service you must accept and comply with the terms of this Agreement. You must also be at least 18 years old, or have permission from your legal guardian who enrolled for the Service. By accepting this Service Agreement, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, the State of Utah, or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Service's enrollment process. If you provide any information or MORE has reasonable grounds to suspect that you have provided any information that is untrue, inaccurate, not current, or incomplete, MORE has the right to suspend or terminate your account and refuse all current or future use of or subscription to the Service.

Service Access and Speed

Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond the control of MORE. MORE provides the Service in a commercially reasonable manner, and does not guarantee upload or download speeds or other performance beyond its control.

You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

You may not have full access to the Service if the Internet connection for your online or Internet service provider is down or inaccessible, or if you provide incorrect information. If your online or Internet service provider terminates your service, your access to the Service may be limited or denied. MORE is not responsible for any long-distance, toll, or other charges or fees you incur while you are Enrolled in the Service.

Account Requirements

In order to activate the Service, you will need to provide personal information, including your name, valid and current email address. You agree to provide the personal information required to activate the Service. You agree to keep your personal information and account information up-to-date and accurate. You agree not to use the Service to conduct any business or activity, or solicit the performance of any activity, that is prohibited by law. You agree that your right to use the Service is personal to you, and you may not resell or make any commercial use of the Service. Consistent with the Privacy Statement and MORE Security Overview, MORE may provide such information in encrypted format to our data aggregation services provider solely for the purpose of improving service to your account.

Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and the properties under your ownership and/or management and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Content You Provide. You are providing to MORE and its service providers, as necessarily required, any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Service. MORE may use, modify, display, distribute and create new material using such Content to provide the Service to you. By submitting Content, you agree, that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, MORE may use the Content for the purposes set out above. As between MORE and any partner service provider of MORE, MORE owns your confidential account information.

Your Service, Privacy, Password and Security

Upon enrollment, you will select a user name and password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify MORE immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.

MORE will not sell, exchange, or release your personal information or account information to any third party without your permission, except as required by law or by court or governmental order; as permitted in the Privacy Statement; or as you have otherwise agreed. Nevertheless, if you have enrolled after coming to MORE through a MORE approved web partner site, MORE may provide the approved web partner a copy of your name, mailing address, and email address.

MORE contractually requires it's approved web partners to use this personal information only in accordance with their published privacy policies. MORE will NOT provide any approved web partner your financial information or your account information (such as user name and password), except the information listed above. Additionally, MORE may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the Privacy Statement for more information on MORE's privacy practices.

Monitoring the Service

MORE has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason, as long as MORE adheres to the Privacy Statement and MORE believes, at its sole discretion, that it is reasonable to do so, including: to satisfy laws, regulations, or governmental or legal requests; operate the Service properly; and protect MORE and its Users. See the Privacy Statement for more information. MORE may immediately remove your personal and financial information from MORE's servers, in whole or in part, if MORE, at its sole discretion, determines that the information infringes other's property rights.

Charges, Billing and Automatic Renewal

The Service is a pre-paid service. Payment for the Service is due on the day of enrollment or the first day after the expiration of the free trial period, whichever occurs later; and thereafter on the first day after the end of each billing cycle. Billing cycles vary depending on the type of payment plan a User selects. Payment for the Service grants access to Users to utilize the Service 24/7. EXCEPT AS PROVIDED IN THIS AGREEMENT, OR EXCEPT BY EXPRESS NOTIFICATION FROM MORE TO THE CONTRARY, PAYMENT FOR THE SERVICE - WHETHER USED OR UNUSED - IS NON-REFUNDABLE.

Most Users pay by credit card. UNLESS YOU CANCEL THE SERVICE USING THE PROCEDURES OUTLINED BELOW, MORE WILL AUTOMATICALLY CHARGE YOUR DESIGNATED CREDIT CARD EVERY BILLING CYCLE. By continuing to subscribe to the Service, you re-affirm that MORE is authorized to charge your credit card. Nonuse of or non-payment for the Service does not constitute cancellation of the Service, nor does it remove your ongoing obligation to pay applicable Service fees. (For cancellation procedures, see Section 10, Termination and Cancellation, below.) MORE is not responsible for any charges or expense (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by MORE. You agree to maintain valid and current credit card information on file with MORE at all times.

NO MATTER WHICH PLAN YOU SELECT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE PLAN'S TERM AND YOUR CREDIT CARD OR CHECKING ACCOUNT WILL BE CHARGED, UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE PLAN'S TERM VIA A CANCELATION REQUEST. YOU AGREE TO KEEP YOUR CURRENT EMAIL ADDRESS AND OTHER CURRENT PERSONAL INFORMATION ON FILE WITH MORE DURING THE TERM OF THIS AGREEMENT AND FOR ONE YEAR THEREAFTER.

MORE reserves the right to change its fees or billing methods at any time. MORE will post any such changes on its website at least 30 days before they take effect. If you don't like the changes in fees or billing methods, you may cancel your Service at any time subject to the cancellation provisions outlined below. MORE also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service. You may obtain answers to many common billing questions through FAQ's.

Free Trials

MORE may elect to offer Users a free trial during which fees for the Service are abated. We reserve the right not to offer a free trial or to limit you to one free trial. If you enrolled in the Service as part of a free trial, your free trial time must be used within the free trial period.

Delinquent Accounts and Billing Disputes

MORE expects you to pay your account balance on time. Delinquent accounts may be suspended or canceled at MORE's sole discretion; however, charges will continue to accrue until the Service is canceled. MORE may bill an additional charge to reinstate suspended or canceled Service. MORE will assess an additional 1.5% per month late charge (or the highest amount allowed by law, whichever is lower, with a minimum charge of $1.00) if your payment is 30 days past due. That amount is also due immediately. You are liable for any cost, including attorney and collection fees that MORE may incur in collecting any remaining balance from you.

YOU WILL BE BILLED FOR AND WILL PAY ANY OUTSTANDING BALANCE, INCLUDING ANY ONGOING SUBSCRIPTION FEES THROUGH THE END OF YOUR PLAN'S TERM, IF YOUR SERVICE IS CANCELED. YOU MUST COMMUNICATE ANY AND ALLBILLING PROBLEMS OR DISCREPANCIES IN WRITING TO: MY OWN REAL ESTATE CORPORATION, 806 WINSLOW STREET REDWOOD CITY, CA 94063 WITHIN 60 DAYS AFTER THEY FIRST APPEAR ON YOUR BANK OR CREDIT CARD STATEMENT, OR WITHIN 60 DAYS OF RECEIVING AN INVOICE OR STATEMENT FOR PAYMENT FROM MORE (WHICHEVER OCCURS FIRST); OTHERWISE, YOU WAIVE YOUR RIGHT TO DISPUTE SUCH PROBLEMS OR DISCREPANCIES.

Termination or Cancellation

Either you or MORE may terminate or cancel your account at any time. YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH MORE. This includes any dispute related to, or arising out of: (1) any term of this Service Agreement or MORE's enforcement or application of this Service Agreement; (2) any policy or practice of MORE, including the Privacy Statement and MORE's security practices, or MORE's enforcement or application of these policies or practices; (3) your ability to access or use the Service; and (4) the amount or type of, or changes to, fees, surcharges, applicable taxes, or billing methods. The provisions of Sections 9, 11, 12, and 13 will remain in force and continue to be binding on you should your account be terminated or cancelled for any reason.

YOU MAY CANCEL YOUR ACCOUNT VIA "CLOSE ACCOUNT" IN ACCOUNT PREFERENCES. FOR YOUR PROTECTION, MORE WILL NOT ACCEPT CANCELLATION BY VOICE MAIL OR REGULAR MAIL. CANCELLATION WILL BE EFFECTIVE AT THE END OF THE BILLING CYCLE IN WHICH THE CANCELLATION REQUEST WAS SUBMITTED. MORE will process your cancellation request and send you written email confirmation of the cancellation. You may cancel at any time during a free trial period without being charged. IF YOU CANCEL ANY TIME AFTER THE EXPIRATION DATE OF A FREE TRIAL OR ANY SUBSEQUENT BILLING CYCLE YOU WILL BE CHARGED THE FULL AMOUNT OF THE SERVICE PLAN FOR WHICH YOU ARE ENROLLED. Refraining from using the Service does not in any way make you eligible for a refund or credit of outstanding Service fees or related charges. If you cancel and are inadvertently charged for the next billing period's fee, contact us via email. MORE reserves the right to collect fees, surcharges, or costs incurred and any outstanding balances before you cancel your account. ONCE A FREE TRIAL PERIOD IS OVER, YOUR SERVICE WILL AUTOMATICALLY CONTINUE AT THE SERVICE PLAN RATE YOU HAVE CHOOSEN UNLESS YOU CANCEL YOUR ACCOUNT.

Limitation of Warranties and Liability; Disclaimer of Warranties

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MORE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERROR IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MORE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER MORE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, MORE MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH MORE OR THE INTERNET GENERALLY. NO STATEMENTS MADE, OR ADVICE OR INFORMATION GIVEN, BY MORE OR ITS REPRESENTATIVES WILL CREATE A WARRANTY.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MORE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER MORE, ITS EMPLOYEE NOR AGENT, IS LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

MORE'S CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE MOST RECENT ONE-YEAR PERIOD PRIOR TO TERMINATION OF THE SERVICE.

MORE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF MORE OR ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS APPLY TO THE ACTS AND OMISSIONS (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OF MORE, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST MORE IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. MORE WOULD NOT BE ABLE TO HAVE PROVIDED THIS SERVICE TO YOU WITHOUT SUCH LIMITATIONS. ANY WARRANTY UNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

Jurisdiction; Arbitration

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. ANY DISPUTE WITH REGARD TO THIS AGREEMENT SHALL BE SUBMITTED TO ONE ARBITRATOR FOR ARBITRATION IN SANTA CLARA COUNTY, CALIFORNIA IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE BINDING AS BETWEEN THE PARTIES AND JUDGMENT ON SUCH AWARD SHALL BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR MAY AWARD ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY.

Indemnification

You agree to protect and fully compensate MORE and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of anyone.

Trademark and Copyright Legal Notices

Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.

MORE, the MORE logo and My Own Real Estate are registered trademarks of MORE Corporation. MORE does not grant any license or other authorization to any user of its trademarks, registered trademarks, or other copyrightable material or other intellectual property, by placing them on this website.

Severability

The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions and each provision will be enforced to the fullest extent allowed by applicable law.

Entire Agreement

This Service Agreement (including the Privacy Statement referenced above) constitutes your entire agreement with MORE and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Service.

Modification of Agreement

MORE may update or revise this Service Agreement from time to time. By using the Service or accepting the Service Agreement, you agree that MORE may change the terms of this Service Agreement at any time, and you agree to be bound by any and all such changes. MORE will post notice of such changes on its website at least 30 days before they take effect. If you don't agree to the changes proposed by MORE, or to any of the terms in this Service Agreement, your only remedy is to cancel your Service using the procedures outlined below. By continuing to use or subscribe to the Service following changes to the Service Agreement, you agree to be bound by the changes. Your use of any content or services accessible through the Service may be subject to your acceptance of separate agreements with MORE or third parties. No modification of this Agreement will be valid or binding unless it is posted on MORE's website as provided above.

BY REGISTERING FOR A MORE ACCOUNT AND CLICKING SUBMIT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.