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
"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
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
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.
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
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
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
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
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.
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.
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
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.
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.
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.