Tiger Lead Solutions LLC Terms of Service - Paws

1. ACCEPTANCE OF TERMS
1.1 Thank you for choosing to use Tiger Lead Solutions LLC's Lead Capture and Management System and the tools that are used with it including but not limited to email services, internet data exchange (IDX) or Multiple Listing Service (MLS) tools and consumer facing websites (the "Service"). The Service is provided solely for active Tiger Lead Solutions Licensees who have executed a License Agreement with Tiger Lead Solutions ("Licensee") as defined in section 2.2 and Licensee's Authorized Users as defined in section 2.3. Licensee and Authorized Users will be referred to collectively as Authorized Users. If you are accessing this service and are not an Authorized User, then you must discontinue use of this service immediately. Any Authorized User accessing the Service agrees to fully accept and comply with the Terms of Service as laid out in this document and agrees to be legally bound by the Terms of Service. The Terms of Service require that Authorized Users will not use the Service for any action or purpose that is unlawful or that is prohibited by the Terms of Service. If an Authorized User does not accept these Terms of Service, that user must immediately stop using the Service and any other tools provided by Tiger Lead Solutions LLC.
1.2 Tiger Lead Solutions LLC ("Licensor") reserves the right to amend and update these Terms of Service, and it is the Authorized User's responsibility to regularly review the Terms of Service. Licensor will provide the date of the most recent changes to the Terms of Service on the Service login page and Authorized Users waive any right to receive specific individual notifications of changes to the Terms of Service. Such changes are effective immediately upon posting to this page unless otherwise indicated. Continued use of the Service and any other associated tools or sites will be deemed acceptance on Authorized User's part of the changes to the Terms of Service. Licensor reserves the right to terminate access or accounts, refuse service, or block access in circumstances where the Terms of Service have been violated.

2. THE SERVICE
2.1 License Grant. During any period in which Licensee or any Authorized User within Licensee's network accesses the Service, and in consideration of timely and full payment of the Service License Fees, MLS Fees, and Marketing Fees, Licensor grants to Licensee, and to all other Authorized Users (as defined below) in Licensee's Network (as defined below) a non-exclusive, nontransferable license to access and use the Service, such access to be used solely within the Licensee's network of business partners (the "Network"). Additionally, in cases where the Term of the License Agreement is specifically defined, Licensee's and Authorized Users' access to the Service and all rights to the Service are terminated at the end of the fixed Term and the License must be renewed through a new License Agreement before access will be restored. The Service will be hosted on one or more servers maintained by Licensor or, at Licensor's discretion, a third party designee. The Service may not be resold, leased, sublicensed or distributed, accessed or used by any other party or for any other purpose without Licensor's prior written approval. No implied licenses are granted and Licensor reserves all rights not expressly granted herein.
2.2 Licensees. "Licensees" as used herein means clients of TigerLead Solutions, LLC who have executed a License Agreement with Tiger Lead Solutions. Although Licensees may give certain powers, called "Licensee Status", to other Authorized Users of the Service these Authorized Users are not Licensees of the Service, they are simply Authorized Users who have been granted additional powers in order to manage the Network.
2.3 Authorized Users. "Authorized Users" as used herein means a person with Tiger Lead Solutions' granted login information and access to the Service. Authorized Users must be part of an active, non-terminated network and must also be granted active, non-terminated access to the Service by a Licensee..
2.4 Accounts and Account Information Licensor will endeavor to maintain a secure database of user names and passwords in order to allow access to the Service by Authorized Users. However, Licensor cannot guarantee the security of Authorized Users' accounts or passwords, and when providing password information it is recommended that Authorized Users use a password that is not connected to other important or secure accounts such as bank accounts or email accounts. Licensor is not in any way responsible or liable for the loss or compromised security of Authorized User's account information or password or for any other information an Authorized User chooses to disclose through the Service. If the security of an account or password is compromised, the Authorized User agrees to notify Tiger Lead Solutions.
2.5 The Network. The "Network" shall consist solely of Licensee and Licensee's "Authorized Users".
2.6 Modifications. Licensor may modify the features, components and functionality of the Service from time to time and will use commercially reasonable efforts to provide Authorized Users with advance notice of any modification or maintenance of the Service that would significantly affect Authorized Users' ability to access or use the Service.
2.7 Communications. Licensor cannot and does not review every piece of communication through the Service or its tools and Licensor is not responsible or liable for any views or opinions expressed, nor does Licensor assume any responsibility for the content of all communication through the Service or its tools, particularly between Licensees, Authorized Users and clients or consumers. Licensor does not generally review private communications that are generated through the Service or through its tools; however Licensor reserves the right to do so. Licensor reserves the right to use any form of information available to us through Authorized Users' use of the Service or its tools. Licensor reserves the right to review the content of communications and materials used in conjunction with the Service or its tools but assumes no obligation to determine compliance with the Terms of Service or to satisfy any law or authorized government request.
2.8 Transactions. Any information obtained by using this Service is provided "As Is" and should be used at the Authorized Users' own risk. Authorized Users should independently confirm any information obtained through the Service. By using the Service users are agreeing to be solely responsible for any damage or loss a user may incur that result from use of any information, service or product that is provided through the Service. Licensor is not directly involved in any transactions between Licensee, real estate agent, loan officer, Authorized User, home buyer or seller, or any other consumer of the Service, and Licensor does not guarantee any such transactions nor does Licensor guarantee or insure any item advertised through the Service. By using the Service Authorized Users agree that under no circumstances is Licensor liable for any content or for any loss or damage of any kind incurred as a result of using the Service or its content.
2.9 Third Party Content Real estate data and information provided to Authorized Users in connection with the Service may be provided by third parties such as a Multiple Listing Service. Listings provided on the site are not meant to be a representation of the full Multiple Listing Service data for any of Licensor's MLS services, and the data provided to Licensor from Multiple Listing Services is displayed in a manner deemed compliant by that Multiple Listing Service. Licensor does not guarantee the accuracy of this data, nor does Licensor take responsibility for the content of this data. Due to the nature of data collection and processing, some properties may appear for sale on this website, but may no longer be available because they have sold, been removed, or are under contract. Licensor cannot be held responsible for loss of data or loss of data integrity due to unexpected changes, negligence, or lack of proper notification on the part of the Multiple Listing Service.

3. SERVICE USER OBLIGATIONS
3.1 Licensee Services and Equipment. Each Authorized User shall be responsible for the purchase of any third party software licenses, computer hardware, or internet access necessary. Licensee shall be responsible for the payment of any and all fees charged for access to Licensee's MLS data at the initiation of, and during the entire term of the Service.
3.2 Security; Authentication. Authorized Users will use commercially reasonable efforts to prevent unauthorized access to and use of the Service. Each Authorized User will be given a unique user name and password; generally, the Authorized User can change his/her password. If a user name or password is lost, Licensor will assist the Authorized User to retrieve this information or obtain a new password
3.3 Restrictions. No Authorized User or other third party shall (i) license, sell, assign, or distribute the Service for any commercial purpose, (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of any portions of the software used to provide the Service, (iii) copy or otherwise incorporate into any separate software program or other work of authorship any of the "look and feel" or graphics developed and used by Licensor in connection with or associated with any portion of the Service without Licensor's prior written consent, or (iv) modify or alter any portion of the Service without Licensor's prior written consent. Authorized Users shall cooperate with Licensor, and shall render all reasonable assistance requested by Licensor, to prevent and identify any use of or access to the Service in violation of the terms and restrictions of the license granted herein or any other breach of these Terms of Service.
3.4 Proper Use of Services By using the Service Authorized Users agree not to violate any applicable laws or regulations, or use the Service in any way that infringes any copyright, trademark, patent, or other proprietary right. By using the Service Authorized Users agree not to violate the legal rights of others or gain unauthorized access to any of the Service's tools or services, others' account information, accounts, passwords, or computer systems or networks. By using the Service Authorized Users agree not to disseminate any material or information that incites violence, hate, or discrimination against any group based on race, religion, nationality, disability, or otherwise. By using the Service Authorized Users agree not to upload files or make available any materials that contain a virus, trojan, worm, or corrupt data. By agreeing to the Terms of Service, Authorized Users agree to comply with all applicable laws regarding the transmission of data exported from the United States of America or the country in which you reside, as well as with all local laws and rules regarding acceptable use of said data, use of the Service, and conduct on the Internet.

4. OWNERSHIP
4.1 Intellectual Property. Subject to the rights granted in the Terms of Service, Licensor retains all right, title and interest in and to the Service, all underlying technology, software and other intellectual property incorporated in and/or used to deliver the Service, all modifications, enhancements and improvements of, and all derivative works based upon, the foregoing, any and all methods, business rules, algorithms, discoveries, inventions, materials, ideas and other work product that is conceived, originated, prepared or reduced to practice by Licensor in connection with the Service or any other services provided by Licensor hereunder, the look and feel of Licensor's website, and all related tangible and intangible property rights in the foregoing items. The Terms of Service are not a sale and do not convey to Authorized Users any rights of ownership.
4.2 Account Information and Data. Except for commercially reasonable efforts to maintain data, documents, or account information submitted by an Authorized user, Licensor does not take responsibility for such data, documents, or account information. Licensor is not responsible for the deletion of information or accounts by Authorized Users. Licensor will use commercially reasonably methods to maintain the physical integrity of the data and to make data available only to Authorized Users.
4.3 Shared Data Access. Licensee will have access to the lead data from the Network in which it participates. Access to lead information is dependent on continued participation in the Network and payment of all fees as specified in the License Agreement.

5. CONFIDENTIALITY
5.1 Confidential Information and Confidentiality. Authorized Users acknowledge and agree that they have had, and will have access to, certain confidential or proprietary information ("Confidential Information") of the Licensee and/or the Licensor. Notwithstanding anything herein to the contrary, the Service, the underlying software and all related documentation (including, without limitation, training manuals and user documentation) are the Confidential Information of Licensor and all Licensee Lead Data is the Confidential Information of Licensee. Aggregated data such as overall metrics and data analysis reports from multiple networks shall constitute Confidential Information of Licensor. Authorized Users agree to maintain the confidentiality of such information and to not share it with any third parties unless given express written permission to do so by both Licensee and Licensor.

6. REPRESENTATIONS AND WARRANTIES
6.1 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICE, AND ALL OTHER SERVICES AND PRODUCTS OF LICENSOR ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SERVICE (AND ADDITIONAL SERVICES) WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE SERVICE WILL OPERATE UNINTERRUPTED, TIMELY OR ERROR-FREE. In addition, Licensor is not responsible for any data loss or corruption, or for any Service outages due to Authorized Users' technical problems, internet outages, or force majeure.

7 LIMITATION OF LIABILITY
7.1 NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LICENSOR NOR ITS CONTRACTORS SHALL BE LIABLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS, (III) ANY FAILURE OF PERFORMANCE OUTSIDE OF ITS REASONABLE CONTROL OR RESULTING FROM LICENSEE'S OR ANY THIRD PARTY'S EQUIPMENT OR (IV) ANY AMOUNTS IN EXCESS OF THE LICENSE FEES IN AGGREGATE PAID TO LICENSOR HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.

8. TERMINATION
8.1 Suspension. Licensor may, at any time, suspend access to the Service upon notice if Licensee or Authorized User breaches any term or condition of the Terms of Service. Such suspension is without limitation of any other right or remedy of Licensor arising out of the breach including termination. Licensee may, at any time, suspend or terminate an Authorized User's access to the Service without notice or reason.
8.2 Effect. Upon expiration or termination of an Authorized Users' access to the Service, Authorized Users shall immediately cease all use of the Service except as specified by Licensor and shall promptly return all Confidential Information and other Licensor property in their possession to Licensor. All licenses granted under the Terms of Service shall expire immediately upon any termination and all rights granted hereunder shall revert to Licensor. The provisions of Sections 4 through 9, and 2.7, 2.8, 3.3, 3.4, 10.1, and 10.7 shall survive expiration or termination of the Terms of Service.

9. GENERAL TERMS
9.1 If any part of the Service's Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Service's Terms of Service will continue in effect. A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

9.2 Licensor may disclose any information Licensor has about Authorized Users if Licensor determines that disclosure is necessary in connection with any complaint or investigation regarding use of the Services or to contact or bring legal action against Licensee, Authorized Users or anyone else who may be causing interference with or injury to (either intentionally or unintentionally) Licensor's property or rights, or the property or rights of users of the Service and customers. Licensor may disclose any information Licensor has about Authorized Users if Licensor determines that applicable law requires that Licensor does so or if applicable law permits such disclosure. Licensor also reserves the right at all times to disclose any information deemed necessary to comply with any applicable law, governmental request, or legal process.
9.3 Any and all rights not expressly granted herein are exclusively reserved to Tiger Lead Solutions LLC. Authorized Users agree that Tiger Lead Solutions LLC will not be liable to Authorized Users or any third party for terminating Authorized Users' access to this Service.
9.4 Failure by Tiger Lead Solutions LLC to enforce any provision of the Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of the Terms of Service.

10. MISCELLANEOUS
10.1 Governing Law. The Terms of Service shall be governed by and construed and interpreted in accordance with the laws of the State of California, without regard to conflict of laws provisions thereof. The parties submit to the jurisdiction of the state and federal courts located in Los Angeles, California and agree that said courts shall have sole and exclusive jurisdiction over any and all disputes and causes of action that arise out of or relate to the interpretation or enforcement of the Terms of Service. The prevailing party in any action to interpret or enforce the Terms of Service shall be entitled to recover its costs and expenses including, without limitation, attorneys' fees, in addition to any other relief to which such party is entitled.
10.2 Waiver. The failure of either party to enforce its rights under the Terms of Service at any time for any period shall not be construed as a waiver of such rights.
10.3 References. During the Term, Authorized Users agree to allow Licensor to refer, in Licensor's marketing materials, to Authorized Users as customers of the Service.
10.4 Compliance with Laws. Each party agrees to comply with all applicable laws, rules and regulations, including any Internet regulation or policies and applicable export laws, in its performance under the Terms of Service.
10.5 Relationship of the Parties. Neither Licensor nor Authorized User is the partner, joint venture partner, nor agent of the other and neither party has the authority or ability to bind the other party.
10.6 Force Majeure. Licensor shall not be liable for non-performance or delay in performance (other than confidentiality obligations) caused by any event reasonably beyond the control of such party including, but not limited to wars, acts of terrorism, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lockouts or other labor disputes or shortages or inability to obtain material or equipment, unavailability of supplies, compliance with laws or regulation (including, without limitation, those related to infringement), epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any Act of God, or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.
10.7 Construction. The Terms of Service shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting the Terms of Service in construing or interpreting the provisions hereof.

COPYRIGHT AND TRADEMARK
Unless otherwise indicated through the Service or by Tiger Lead Solutions LLC, the Service Materials and their arrangement and selection are the proprietary property of Tiger Lead Solutions LLC or their suppliers and affiliates and are protected but United States and international copyright laws. No reproduction, distribution, or transmission of the copyrighted materials on any Tiger Lead Solutions LLC Service is permitted without the express written permission of Tiger Lead Solutions LLC. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, please send notifications of claimed copyright infringement to Tiger Lead Solutions LLC's offices, set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

TigerLead Solutions LLC
1554 S. Sepulveda Blvd. Suite 102
Los Angeles, CA 90025