BoomTown Platform Terms of Use

BoomTown Platform Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND CONSTITUTE A LEGALLY BINDING AGREEMENT.

Your access and use of the BoomTown Platform (“Platform”) individually or in capacity as an employee or agent for a company or other legal entity as an authorized user (“User”) is governed by these Terms of Use (“Terms”). By logging into the BoomTown Platform via desktop computer, mobile or mobile application you agree to these Terms.

User’s Obligations

User is the only individual person authorized to use User’s assigned User ID and password to access the Platform. User is responsible for maintaining the confidentiality of User’s ID and password and is responsible for all activities that occur under User’s account.

User represents and warrants that (i) User’s use of the Platform, any content provided or posted by User and User’s conduct of its business as associated with the Platform: (1) shall not: infringe or violate the rights of any third party, including but not limited to, intellectual property, privacy, contractual or publicity rights of other; (2) is not obscene, profane or offensive to a reasonable person, and (3) is not hateful, discriminatory, threatening or unlawful and (ii) the Platform will not be used by User for any illicit or illegal purposes, and User shall not interfere with or disrupt other licensee’s use of the Platform or business operations.

User shall be solely responsible for complying with all applicable laws, including state and local law requirements in its use of the Platform and conduct of business.

User shall conduct its business and use the Platform in a professional manner and in accordance with industry best practices and BoomTown’s published or posted guidelines and policies in the knowledgebase and any instructions provided by BoomTown (“Policies”). Boomtown further reserves the right to suspend or prohibit access to the Platform by any Agent, Broker, Preferred Lender or other third party representative if BoomTown reasonably determines that such person or entity is not an authorized User or is not in compliance with these Terms.

Email and Texting Policy

User agrees to obtain consent and agreement from each of their prospects or customers (collectively, “Customers”) prior to any communication by email, text, phone call or other communication with such Customers, to (1) the terms and conditions of use no less restrictive than the Terms and Conditions of Use set forth at www.boomtownroi.com/legal and (2) the Privacy Policy which shall be no less permissive of use of User information as the Privacy Policy set forth www.boomtownroi.com/legal.

Strictly comply with, and as applicable, cause its agents and all other persons under User’s supervision and control, to comply with the with the Texting, Calling, and Email policies set forth at www.boomtownroi.com/legal, as the same may be amended from time to time.

Intellectual Property

No Transfer. All right, title and interest in and to the Platform shall remain the sole property of BoomTown, including all copyrights, trademarks and other intellectual property herein. Other than as set forth herein, nothing herein shall grant either party any interest in or to the intellectual property of the other party. BoomTown expressly reserves all rights in and to the Platform not expressly granted herein. User shall not resell, sublicense, distribute, offer subscription services or otherwise provide use of the Platform to third parties.

Proprietary Notices

User agrees to respect and not to remove, obliterate or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on the Platform or any output thereof.

No Modification or Reverse Engineering. User shall not modify, reverse engineer, disassemble, or decompile the Platform or any portion thereof.

Personal Information

User shall use all personally-identifiable information of its prospects, customers or other website visitors that is collected on or through the Website (“PII”) in accordance with all applicable laws, rules and regulations and shall not use such PII in violation of BoomTown’s or User’s Privacy Policy(ies) or the applicable person’s authorization.

Restrictions on Use of Platform

User acknowledges and agrees that it shall not access or use the Platform using automated means (bots, spiders, scrapers or similar means or processes) without BoomTown’s express permission or use the Platform in any manner that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform or BoomTown’s infrastructure. User will not in any manner or by any means extract data from the Platform for storage on a separate server or database. User may not access or use, or allow access or use by any User, the Platform by any competitor of BoomTown without BoomTown’s prior written consent. User may not access the Platform for the purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purpose or to build or improve any competitive product or service.

Use of Data.User further understands and agrees that BoomTown may aggregate and analyze data generated by use of the Platform by User and its other licensees, including but not limited to average unit pricing, housing inventory, average length of time for a property to be on the market in a territory and similar information. BoomTown shall have the right to use, disclose and distribute such aggregate data and statistics to third parties, with or without consideration, in its sole discretion and without any additional payment to User.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BOOMTOWN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF BUSINESS OR LOST PROFITS OR GOODWILL, (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM (i) THE CONTENT OF, USE OF, OR INABILITY TO USE THE PLATFORM, WEBSITE, SERVICES OR ANY OTHER BOOMTOWN WORK PRODUCT, (ii) THE STORAGE, TRANSMISSION, DELIVERY, TRANSFER, LOSS, BREACH, CONTAMINATION, CORRUPTION, COPYING, USE, OR DISCLOSURE ANY USER DATA OR ANY THIRD PARTY DATA ARISING FROM OR IN CONNECTION WITH THESE TERMS OR THE PERFORMANCE THEREOF, OR (III) ANY BREACH OF THESE TERMS BY BOOMTOWN. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF BOOMTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND/OR DAMAGES. WITH RESPECT TO DIRECT DAMAGES, USER’S REMEDY IS LIMITED TO ONE OF THE FOLLOWING: A REFUND OF USER’S MOST RECENT TWELVE (12) MONTHS WORTH OF PAID LICENSE AND SERVICE FEES, OR REPAIR/REPLACEMENT OF THE WEBSITE OR PLATFORM, AT BOOMTOWN’S DISCRETION. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

User shall defend, indemnify, save and hold BoomTown (including the officers, directors, employees, managers, members, owners, contractors, representatives, successors and assigns of BoomTown, LLC) harmless from any and all actions, judgments, damages, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, whether asserted or threatened (collectively, any “Actions”) that arise from or are related to (i) User’s or its Users’ use of the BoomTown Platform, Website and/or Services; (ii) breach of these Terms by User (iii) any claims of infringement or other claims arising from use of the User Branding, Content or provided domain name; and (iv) any claims arising out of any products or services sold or otherwise distributed by User through the Website or Platform, including any personal or property injury and damage. Boom Town shall have the right to participate in the defense or settlement of any such Action at its own expense and with counsel of its choosing. User may not settle any Action without BoomTown’s consent and Boom Town, by written notice to User, may elect to undertake its own defense and settlement of any Action; provided, however, in such event, User’s defense obligations with respect to that Action (but not with respect to any other Action) will be deemed excused.

Governing Law and Venue

The laws of the State of South Carolina shall govern these Terms. You agree that any action at law or in equity arising out of or relating to the BoomTown Platform shall be filed exclusively in the state or federal courts located in Charleston County, South Carolina, and you hereby consent and submit to the personal jurisdiction of such courts.

Third-Party Services

BoomTown’s Platform allows you to integrate with third-party services (“Third-Party Services”). In order to take advantage of this feature, you may need to authenticate, register for or log into Third-Party Services through the Platform or on the websites of their respective providers. When you enable linking between the Platform and Third-Party Services, such as your Google account, you will authorize us to collect and store relevant personal information necessary to enable the Platform to access that Third-Party Service and your data and content contained within that Third-Party Service. We will use, store and disclose such information in accordance with BoomTown’s Privacy Policy, Terms of Service and the rules you set to govern the linking. However, please remember that the manner in which Third-Party Services use, store and disclose your information is governed by the policies of such Third-Party Services, and BoomTown shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Services that may be enabled within the Platform.

Changes to These Terms of Use

We reserve the right, at our sole discretion, to update or revise these Terms of Use at any time without further notice. If we update or revise these Terms of Use, we will post the updated Terms of Use at this location and will indicate at the bottom of this page the date the Terms of Use were last updated. Any changes shall be effective immediately upon posting on the BoomTown Website. Your continued use of the BoomTown Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. It is your responsibility to regularly check the Terms of Use for changes and to review those changes.