Summary of License Agreement
This is a summary of the Agreement between the parties, Texas Market Value, a division of Stanley Real Estate; hereinafter called TMV and its Client named ______________________________________, whose e-mail address is ____________________________, regarding the subject property identified as CAD Id# ______________________________

The Purpose of the Agreement is to establish an Agent-Client relationship between the Parties in which the Client requires certain services of TMV. The primary service is to create a competitive market analysis (CMA), also known as an opinion of value for the Client’s subject property.

Client instructs TMV to assist in facilitating the CMA, including sales data that TMV through its resources shall make available to Client, for his review, editing and final selection. All information must remain confidential as prescribed by Texas law. Client has reviewed the terms and conditions of the license agreement that follows and the privacy policy of TMV; and accepts both in their entirety.

This relationship begins on the day of Client’s payment for services and expires on December 31 of the Agreement year and can only be extended by a new agreement between the parties. Confidentiality and limitations are established by this Agreement and can not be used in any manner that is in violation of Texas law.

Users may not access the TMV web site or use the data included thereon unless they become a Client of TMV by first reviewing and accepting the terms and conditions of this license Agreement by clicking on “I AGREE” below. If User declines this agreement by clicking on “I DO NOT AGREE” User may not obtain access to the site.

 

License Agreement This Agreement is entered into between Texas Market Value (“TMV”) and the Client (“Client”) for the Services (“Services.”): offered by TMV.

1. Description of Services. TMV provides information using various databases and information obtained from reliable sources. The databases provided by TMV are subject to change. Except as expressly provided in this agreement, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Client acquires no proprietary interest in the web site or content.

2. License for Clients. TMV hereby grants Client, in return for payment of consideration based upon the Fee Schedule established by TMV, a non-transferable, limited license to access Services. Client is licensed to use Services from TMV solely in the regular course of its business and/or for personal use. Except as otherwise provided Client may print portions of data to display internally such data or use such data in the regular course of its business. Client shall not sell, license or distribute data in any form to third parties or use data as a component or as a basis for any material offered for sale, license or distribution.

3. Subscription Fee. Client agrees to select and pay TMV an amount selected from the Fee Schedule or other agreement. The Subscription selected determines the services offered. The Subscription fee is due upon initiation of the service. All Subscriptions are non-refundable. Subscription terms are subject to change without notice. Upon renewal or re-activation of a Subscription, Client must select a Subscription based on the current Fee Schedule.

4. Payment for Services. Payment for Services is due when the subscription is activated. All payments are requested by credit card in order to minimize Clients costs and to provide immediate access to Services. If payment by credit card is rejected, TMV may terminate this agreement immediately. Client is responsible for payment of all collection costs and attorney fees incurred by TMV through its efforts to collect on balance(s) owed by Client.

5. Term of Agreement and Renewal. This agreement expires upon reaching the total number of searches purchased in the Subscription or upon December 31of the current year, whichever comes first. Upon expiration, the Client must renew his account in order to continue accessing Services. For your protection, TMV will not automatically debit credit cards upon expiration of an account; Client must renew their account through the TMV web site and complete the payment process. TMV or Client may terminate this agreement for any reason. Such termination shall be effective immediately upon notice to the other party, unless a later date is specified in the notice.

6. Refunds. Subscription fees are non-refundable.

7. Confidentiality of Login Id and Password. TMV will require Client to submit a confidential, unique Login ID and Password. Client must keep strictly confidential the Login ID and Password accepted by TMV. Client must retain the Login ID and Password within its sole possession and control at all times and may not be communicated in any manner or form to any party.

8. Limitation on Uses of Data for Marketing. Use of data obtained from TMV for any purpose other than to construct a CMA, is strictly prohibited. The use to create mailing or marketing lists for commercial purposes or for distribution to third parties is strictly prohibited.

9. Prohibited Uses: Client agrees not to use TMV services to cause emotional or physical harm to someone. With the exception of purposes allowed by state and federal law, Client agrees not to use TMV for credit purposes, tenant screening, insurance underwriting or employment. Client agrees not to use TMV to seek information about celebrities, public officials, nor use TMV to stalk or harass individuals.

10. Disclaimer – Acceptance of Services As Is. TMV does not represent or warrant that the web site or the content will be error free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. TMV does not warrant or represent that the content available on or though this web site will be correct, accurate, timely or otherwise reliable. Client accepts all TMV Services "AS IS." Client acknowledges that TMV does not guarantee the timeliness, accuracy, completeness, merchantability, frequency of updates or fitness for a particular purpose of the information or services provided, and TMV specifically disclaims all such warranties, written, express or implied. Client further acknowledges and accepts that the data of the website contains numerous errors including the “salting” of sales information to prevent illegal use.

11. Disclaimer - Risk In Using Information. Client acknowledges that every business decision involves the assumption of a risk and that TMV, by furnishing information to the Client, does not underwrite that risk in any manner whatsoever. The Client agrees that TMV will not be liable for any loss, damage or injury caused in whole or in part by TMV in its negligence in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the information.

12. Disclaimer – Advice by TMV Personnel. TMV personnel who render advice to Clients about search requests or render statements to the Client about the accuracy or completeness of the Service, are not authorized to make any oral or written representations or warranties to Client regarding the accuracy or adequacy of such requests, and Client hereby assumes full responsibility for the formation and results of all search requests.

13. Client Warning – Legal Use of Data - Fair Credit Reporting Act. Client agrees not to use TMV for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) or any other similar federal or state statute.

14. Client Warning – Liability for Providing Certain Information. A real estate license holder or nonprofit real estate board or association that provides information about real property sales prices or the terms of a sale for the purpose of facilitating the listing, selling, leasing, financing, or appraisal of real property is not liable to another person for providing that information unless the disclosure of that information is specifically prohibited by statute.

15. Transferability. This Agreement cannot be transferred to another individual or business.

16. Indemnification. Client hereby agrees to protect, indemnify, defend and hold harmless TMV from and against any and all costs, claims, demands, damages, losses and liabilities (including actual attorneys' fees); and Client agrees to protect, indemnify, defend and hold harmless TMV for its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering services or in otherwise performing this agreement from or in any way related to use of Services by Client (or any third party receiving such information from or through Client) furnished by or through TMV to the extent such costs, claims, demands, damages, losses or liabilities (including actual attorneys' fees) do not result from the grossly negligent acts of TMV. Client also agrees to indemnify, defend and hold harmless TMV, its subsidiaries, affiliates, officers, agents and employees from any claim or demand, including reasonable attorney fees, made by any third party due to or arising from Client’s use of TMV or Client’s violation of any other person’s rights.

17. Internal Review. Client agrees that TMV will conduct periodic reviews of Client inquiries and may contact Client to provide documentation of searches. TMV may also investigate all reports of abuse or misuse of TMV Services by Clients. Client agrees to cooperate fully with all investigations.

18. Agreement Entirety. This Agreement sets forth the entire understanding and agreement between TMV and Client regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations.

19. Termination. Agreement shall be terminated if the Client is found in violation of state or federal laws, or in violation of this Agreement.

20. If any term or provision of this agreement shall, to any extent, be determined to be invalid, illegal or unenforceable under present or future laws effective during the term of this agreement, then and, in that event: (a) the performance of the offending term or provision (but only to the extent its application is invalid, illegal or unenforceable) shall be excused as if it had never been incorporated into this agreement, and , in lieu of such excused provision, there shall be added a provision as similar in terms and amount to said excused provision as may be possible and still be legal, valid and enforceable, and (b) remaining part of this agreement (including the application of the offending term or provision to persons or circumstances other than those as to which it is held invalid, illegal or unenforceable) shall not be affected thereby and shall continue in full force and effect to the fullest extent provided by law.