End-User License Agreement and Terms of Service
By clicking on or pressing “I accept”, “I agree” or similar verbiage during the download and signup progress, or by accessing or using any other part of the Services, you agree to become bound by the terms and conditions of the Agreement, which form a legally binding contract between you and MadSky MRP. If you do not agree to all the terms and conditions of the Agreement, then you may not download the Application or access or use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.
The Services are available only to individuals who are at least 18 years old. If you are under 18 years of age, you may not download the Application or use the Services.
License to Use the Application and Services; Intellectual Property Rights
The proprietary software associated with the Application, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works. In addition, the Services, including all software, MadSky MRP’s content, inventions, technology, products, services and MadSky MRP data provided on the Site or Application or otherwise through the Services, are owned by MadSky MRP and its licensors, are protected under United States and international copyright, patent, trademark and/or other intellectual property laws, and incorporate valuable confidential information and trade secrets of MadSky MRP. In consideration of your promises reflected in the Agreement, MadSky MRP grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) download, install, and use each copy that you download of the Application to and on a single mobile device and solely as permitted under the Agreement, and (b) use the Services, in each case for your personal and internal purposes and not for commercial resale, sublicensing, time-sharing or service bureau usage, in each case, legitimately and solely subject to your compliance with all of the terms and conditions of the Agreement and any applicable Third Party Terms. All rights not expressly granted to you by the foregoing sentence are reserved by MadSky MRP. Without limiting the generality of the foregoing, you may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble the Application or the Services, or make any derivative works based on the Application or other Services (including any customization, translation, or localization). Your compliance with the requirements in this Section 1 is a condition to, and material inducement and consideration for, our granting you the right to access and use the Application and the Services. Any unauthorized use or other activity in violation of this Section 1 or the Agreement will cause the licenses granted by MadSky MRP in this Section to terminate automatically.
All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall become the exclusive property of MadSky MRP. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to MadSky MRP and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback. If you are a user participating in any beta or other pre-launch test of the Application (a “Trial User”), and as a condition to and in consideration for being granted early access to the Application, you agree to provide Feedback concerning your user experience to MadSky MRP upon reasonable request. As a Trial User, you agree that MadSky MRP may use your name, business name and Feedback in any and all MadSky MRP press releases, websites and other marketing materials, and that you may be listed as a reference on behalf of MadSky MRP. YOU ACKNOWLEDGE THAT THE APPLICATION, THE WEBSITE AND THE SERVICES PROVIDED HEREUNDER MAY BE PRE-RELEASE PRODUCTS AND MAY WELL CONTAIN ERRORS AND DEFECTS AND MAY NOT BE FINAL PRODUCTS. THE APPLICATION, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU FURTHER AGREE THAT MADSKY MRP HAS NEITHER THE OBLIGATION TO MAKE THE APPLICATION, THE WEBSITE AND THE SERVICES AVAILABLE FOR YOUR USE WITHOUT CHARGE FOR ANY PERIOD OF TIME, NOR TO MAKE THEM AVAILABLE AT ALL.
The Agreement does not transfer from MadSky MRP to you any MadSky MRP or third party intellectual property, and all right, title and interest in, to and under such property will remain solely with MadSky MRP or such third party, as applicable. All rights not expressly granted in the Agreement are reserved by MadSky MRP. MadSky MRP, mrpprogram.com, the MadSky MRP and MadSky MRP Real-time Guidance logos, and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of MadSky MRP or MadSky MRP’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any MadSky MRP or third-party trademarks.
Depending on your mobile device settings, the Application may automatically download and install, or may prompt you to download and install, updates from time to time from MadSky MRP. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit MadSky MRP to deliver these to you) as part of your continued use of the Application. While you may refuse to download and install updates, doing so may cause your access to the Application and/or the Services to be disabled.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Application and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Application or the Services, or support or upgrades for the Application, at any time.
Users who desire to use the Services to create, upload and broadcast live video (collectively, “Demonstrators”) must sign up for an account before they may do so. Users who use the Services for viewing videos (“Viewers”) may also be given the option to create an account, but an account may not be required in all cases to view a video, if the Demonstrator has shared a link with the Viewer. Viewers and all other users agree that if such user is provided a link or an invitation to view a video by a Demonstrator (by email or some other mechanism permitted by the Services), such user will use such link for personal access to the relevant content and will not share it with a third party under any circumstance except with the Demonstrator’s prior written consent.
To be eligible for an account, you must, at minimum, be at least 18 years of age. MadSky MRP may prevent any user from creating an account if it determines such user is not eligible for any reason in MadSky MRP’s sole discretion.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You may never use another person’s MadSky MRP Real-time Guidance account without permission. You are responsible for maintaining your password in strict confidence and under no circumstances may you share your login information with any other user or third party without MadSky MRP’s prior written consent. When creating your account, you agree to provide only accurate, complete and non-misleading information. You must immediately notify MadSky MRP of any unauthorized uses of your account or any other breaches of security. MadSky MRP will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
MadSky MRP reserves the right, at any time, to impose or modify any fees charged for your access or use of the Application or Services. MadSky MRP will notify you of any changes relating to fees at the e-mail address associated with your account at the time such notice is provided.
Terms and Conditions for Broadcasting and Viewing Video
As part of the Services, MadSky MRP may allow its users to broadcast live video, record live video, view live and recorded video, and broadcast video via use of the Services. Demonstrators, and any others user submitting User Content (as defined below) in any form, agree, represent, and warrant as follows:
You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, videos or video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the “User Content”).
You represent and warrant that you own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described in the Agreement.
You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Site or Application and we do not accept any responsibility or liability for the loss of your User Content.
You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of our Site, Application, and other Services and for paying all charges related thereto, including without limitation, video and sound recording equipment.
You shall not post User Content deemed by MadSky MRP in its sole discretion to be hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability, violate any law, or is otherwise inappropriate.
You shall not submit material that is copyrighted by a third party, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MadSky MRP all of the license rights granted herein.
You represent and warrant that you have already paid, and that you will be solely responsible for paying (to the extent any later become due), all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Services.
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained sufficient permission from any and all individuals to broadcast and use the User Content and to engage in the activities and grant all of the rights described in his Agreement.
You shall not feature the name, likeness or voice of any child under the age of 13 on the Application, Site, or in any other form in connection with the Services. For any child between the ages of 13 and 17, you agree you will first obtain the written consent of such child’s parent or legal guardian before featuring such child in your User Content.
You agree that prior to featuring a house, apartment, office, or other building or piece of real estate in your User Content, you shall obtain the prior written consent to do so from the property owner or landlord or from the landlord’s or property owner’s duly authorized agent.
You agree to maintain written records of any consents and permissions with respect to your User Content mentioned in this Section 5.
You hereby grant to MadSky MRP a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sub-licensees (including, without limitation, licensing your User Content to our partners) to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for the purpose of administering the Services, displaying advertisements and conducting other marketing and promotional activities through or relating to the Services, and to deliver Services to you and other users. MadSky MRP reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
You grant the rights hereunder whether or not your User Content is used by MadSky MRP or any other MadSky MRP users. You acknowledge that your consideration for the rights you grant under the Agreement in and to your User Content is, among other things, the tools and functionality provided for your use on the Site and/or Application, as applicable, and the possibility of MadSky MRP reviewing or using your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held “in confidence” by MadSky MRP. MadSky MRP reserves the right in its sole discretion to remove, block the streaming of, or not post any User Content, for any reason. User Content will not be returned, and MadSky MRP has no obligation to inform you of any decision to remove or not post such materials.
Additional User Obligations
In general, you may only access and use the Services for lawful purposes.
You understand that when using the Site or Application, you may be exposed to User Content provided by other users and you agree that MadSky MRP is not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such User Content.
You agree that you will use your best judgment and exercise caution before making any decision or engaging in any transaction with another user or third party as a result of or in reliance upon your use of the Services and any User Content. You also agree that MadSky MRP is not responsible for and shall not be held liable for any decision by you or any other person to engage in any personal or business transaction as a result of or related to such person’s viewing or broadcasting of any User Content or any other use of the Services (for example, any decision to rent or not rent an apartment or other real estate based on viewing a Demonstrator’s demonstration video through the Services).
If you believe that another user has violated the Agreement or has used the Services to engage in unlawful behavior, please let us know.
Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages, damages or threatens another user of the Services, is strictly forbidden.
You also agree, represent and warrant that you will NOT:
Transfer, download, copy, share, or send to any third party or any other user any User Content (including, without limitation, any videos) that does not belong to you, or transmit User Content in any way outside of the Services;
solicit for commercial purposes other users of the Services, where such purposes are unrelated to your legitimate use of the Services or the Services’ intended purpose;
use the Services to distribute or post spam, junk mail, chain letters, or pyramid schemes;
use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
harvest or otherwise collect personal information about users, including e-mail addresses, without their consent. use any robot, spider, crawler, scraper or other automated means to access the Services;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
take any other action which violates the terms of the Agreement or any applicable United States state, federal, or local law, regulation or rule, or any applicable international law, regulation or rule; or
bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.
We reserve the right to immediately block, suspend and/or terminate your access to the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the activities prohibited by the foregoing rules, or if we believe that any such activities have occurred in association with your account or password.
Uninstalling the Application; Information Collected and Stored Through the Application and the Services
To uninstall the Application, please follow the default uninstall process for your mobile device.
If you do not wish for us to collect geolocation data from your mobile device’s GPS function, you should choose the option available through the Application to disable the collection of such data. Your device may also provide you with tools to block access to us of your geolocation data.
Mobile Devices and Services
Whenever you utilize the Services from your mobile device, you thereby agree to receive such Services on the device you provide and use for such purposes and understand that your wireless provider’s standard SMS and/or data rates may apply to these services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You represent that you are the owner or authorized user of the wireless device you use to access any mobile Services and that you are authorized to approve the applicable charges.
Linked Applications, Websites and Services
Copyright and Other Intellectual Property Infringement
As MadSky MRP asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so as well. If you are a copyright owner or an agent thereof and believe that any user content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification, a representative list of such works at those locations;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MadSky MRP to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MadSky MRP designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, e-mail: [email protected], address: MadSky MRP LLC, 365 INVERNESS PKWY SUITE 150, CENTENNIAL, CO, 80112. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MadSky MRP customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Changes to the Agreement
MadSky MRP may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, MadSky MRP may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, if (a) MadSky MRP believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); (b) MadSky MRP is required to do so by law (for example, where the provision of the Application to you is, or becomes, unlawful); (c) MadSky MRP is transitioning to no longer providing the Application to users in the state or country in which you are resident or from which you use the Application; or (d) MadSky MRP believes that your use of the Application may infringe or violate the rights of a third party or subject MadSky MRP to civil or criminal liability or reputational harm. Termination may result, in MadSky MRP sole discretion, in the forfeiture and destruction of all information associated with your account. All provisions of the Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so. If your Services account is cancelled or terminated for any reason, you will no longer be able to access information you have stored under your account.
Disclaimer of Warranties.
YOU AGREE THAT USE OF THE SERVICES AND ANY USER CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND ANY USER CONTENT AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. MADSKY MRP DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION, THE WEBSITE, THE USER CONTENT AND THE SERVICES COMPLY WITH ANY APPLICABLE LAWS (AS DEFINED IN SECTION 13 BELOW). MADSKY MRP IS SOLELY A TECHNOLOGY SERVICES PROVIDER AND IS NOT A REAL ESTATE AGENT OR BROKER, AND MADSKY MRP IS NOT INVOLVED IN ANY WAY FOR (AND HAS NO CONTROL OVER OR RESPONSIBILITY FOR) THE BROKERING, SALE, PURCHASE, LICENSE, LEASE RENTAL, SHOWING, LISTING OR DISPLAY OF REAL ESTATE OR PROPERTY. MADSKY MRP DOES NOT CONTROL AND DOES NOT AND SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR USER CONTENT OR FOR THE ACTIONS OR OMISSIONS OF DEMONSTRATORS, VIEWERS OR ANY OTHER USERS OR THIRD PARTIES WITH RESPECT TO THE SERVICES. MADSKY MRP, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
MADSKY MRP MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR CONTENT OR THE CONTENT OF ANY PRODUCTS, SERVICES OR USER CONTENT LINKED TO OR INTEGRATED WITH THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE BY YOU OR ANOTHER USER OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MADSKY MRP DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY USER CONTENT PURPORTING TO PORTRAY, DEMONSTRATE OR PROVIDE INFORMATION PERTAINING TO REAL ESTATE ACCURATELY, SUFFICIENTLY, CORRECTLY OR ACTUALLY REPRESENTS SUCH REAL ESTATE. MADSKY MRP DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY OR BY A USER THROUGH THE SERVICES OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND MADSKY MRP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY USER OR THIRD PARTY (INCLUDING ANY PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES). MADSKY MRP IS NOT AND SHALL NOT BE RESPONSIBLE FOR OR HELD LIABLE FOR ANY USER’S USE OR RELIANCE ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DECISION TO ENTER INTO A CONTRACT OR ENGAGE IN ANY OTHER BUSINESS OR PERSONAL TRASACTION WITH ANY OTHER PERSON.
Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights.
Limitation of Liability; Release.
UNDER NO CIRCUMSTANCES SHALL MADSKY MRP OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MADSKY MRP OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF MADSKY MRP AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM WILL BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY YOU TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM RELATES DURING THE PREVIOUS SIX (6) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM OR (ii) FIFTY U.S. DOLLARS ($50.00).
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY DEMONSTRATOR AND VIEWER REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, THE APPLICATION, THE SERVICES AND MADSKY MRP AND ITS AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE, APPLICATION OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
General Representation and Warranty.
You represent and warrant that (i) your use of the Services will be in strict accordance with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, unfair and deceptive advertising practices, and the display, offering, sale and lease of commercial and residential real estate and property) (the “Applicable Laws”); (ii) you will be solely responsible for understanding and complying with all Applicable Laws of any governmental authority having jurisdiction over your activities, including, without limitation, the listing and showing of real estate and other property; and (iii) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of MadSky MRP or of any other user or third party.
Indemnification.To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MadSky MRP, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with (a) your actual or alleged use of and access to the Application, Site or Services, (b) your actual or alleged violation, breach or default of any term of the Agreement, including, without limitation, your representations and warranties hereunder, (c) your actual or alleged violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or (d) any claim that you or your User Content caused damage to a third party.
Notices.All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: MadSky MRP LLC, 365 INVERNESS PKWY SUITE 150, CENTENNIAL, CO, 80112. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section 7 above. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then contact us [email protected] or at the following address: MadSky MRP LLC, 365 INVERNESS PKWY SUITE 150, CENTENNIAL, CO, 80112.
If you downloaded the Application from Apple Inc., you and MadSky MRP acknowledge and agree to the following: The Agreement is concluded between you and MadSky MRP only, and not with Apple Inc. (“Apple”). MadSky MRP, not Apple, is solely responsible for the Application and the content thereof. You and MadSky MRP acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application, and that MadSky MRP shall be solely responsible for providing any maintenance and support with respect to the Application required under applicable law. MadSky MRP shall be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the Agreement. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MadSky MRP’ sole responsibility. MadSky MRP, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, MadSky MRP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
The Application, Site and related documentation are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All rights not expressly provided hereunder are reserved under the copyright laws of the United States.
You may direct any questions, complaints or claims with respect to the Application, the Site or the Services to:
MadSky MRP LLC
Address: 365 INVERNESS PKWY SUITE 150, CENTENNIAL, CO, 80112E-mail: [email protected]
Telephone Number: (877) 949-2444
Last Updated: December 5, 2016