These Terms of Service ("TOS") constitute the agreement between FrontRange360.com ("we", "us" or "FrontRange360.com") and the member ("you", "your", or "member") of FrontRange360.com web services and any related products or services ("Service").
ACKNOWLEDGMENT AND ACCEPTANCE
By completing the registration process and clicking on "click to activate membership", you acknowledge that you have read, understand and agree to all of the terms and services set forth in the TOS, including all warranties and promises by member.
DESCRIPTION OF SERVICE PROVIDED
FrontRange360.com offers an online marketing service for real estate agents. Members pay a monthly or annual subscription fee to access the service and the Member may cancel the subscription at any time.
YOUR REGISTRATION OBLIGATION
In consideration of your use of the FrontRange360.com Service, you represent you are of legal age to form a binding contract. You also agree to:
(a) Provide true, accurate, current and complete information about yourself as requested on the FrontRange360.com registration form.
(b) Maintain and update the registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or FrontRange360.com has reasonable grounds to suspect that such information as described, FrontRange360.com has the right to suspend, terminate, or remove your account and refuse any and all future use of the FrontRange360.com Service.
USER LICENSE AGREEMENT
Each agent subscription plan consists of one agent user license. Therefore, only one agent user may use an account on an agent subscription plan. The agent user must be the current and rightful listing agent for all listings entered within the account. The agent user must not enter listings listed by another agent. A broker office cannot purchase an agent plan for all agents in the office. For a broker office, each agent must have their own agent account on an agent subscription plan. Any member in violation of this User License Agreement will be notified. FrontRange360.com reserves the right to suspend or terminate any account without notice who are in violation of this User License Agreement.
Service is offered on a monthly or annual basis for a term that begins on the date that FrontRange360.com activates your Service and ends on the day before the same date of the following month or year. You are purchasing the Service for full monthly or annual terms, meaning that if you attempt to terminate Service prior to the end of the monthly or annual term, you will be responsible for the full month's or year's subscription charges to the end of the then-current term.
FrontRange360.com has no association to any of the listings entered by the members and assumes no responsibility and liability for the listing information entered by the members. Likewise, the same is true for any and all listing information synchroninzed through your MLS system. A listing you enter into the FrontRange360.com system must be your listing in which you have an agreement or contract to provide marketing services for the listing. FrontRange360.com has the right to remove any listing within your account that you are not authorized or have permission to provide marketing services for that listing.
Member agrees to pay all charges to Member's account at the rates in effect when the charges are incurred. Thereafter, recurring monthly subscription fee will be charged to Your credit card. If Your credit card is invalid, the Service may be terminated and Your account deleted with or without notice, and all the information contained within deleted permanently. FrontRange360.com accepts no liability for information or content that is deleted due to an invalid credit card or where Your payments are past-due. Reactivation of the Service after termination or cancellation for any reason may require the payment of additional set up fees. FrontRange360.com may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance, when the change affects the Member.
If a member on a free economy account is deemed an inactive member, FrontRange360.com may suspend, terminate, and remove the member's account.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Member registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FrontRange360.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. FrontRange360.com cannot and will not be liable for any loss or damage arising from your failure to comply.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(1) Member expressly acknowledges and agrees that use of the service is at member's sole risk. The service is provided on an "as is" basis.
(2) To the fullest extent allowed by law, frontrange360.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The contents of the services or the site may contain bugs, errors, problems or other limitations. Frontrange360.com assumes no liability or responsibility for any errors or omissions in content.
(3) Frontrange360.com is not responsible for the contents created on or through the service nor is it responsible for the responses submitted. Frontrange360.com does not warrant or make any representations regarding the use or the consequences of the use of service nor does frontrange360.com warrant the correctness, usefulness, reliability, accuracy or otherwise of any content. Frontrange360.com is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any content created on or through the service or the site. It is solely member's responsibility to evaluate the accuracy, reliability, completeness and usefulness of any content created or other information received while using the service or site.
(4) Frontrange360.com makes no warranty that the service will meet member's requirements or that the service will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does FrontRange360.com make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components.
(5) Member understands and agrees that any material and/or data downloaded or otherwise obtained through use of the service or site is done at member's own discretion and risk and that member will be solely responsible for any damage to member's computer system or loss of data that results from the download of such material or data.
(6) Frontrange360.com makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or the site.
(7) No advice or information, whether oral or written, obtained by member from the service or site or through the service or site shall create any warranty not expressly made herein.
LIMITS OF LIABILITY
To the fullest extent permissible pursuant to applicable law, neither FrontRange360.com nor any officers or employees shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of member's access to, use of, inability to use, or reliance on the service, even if advised of the possibility of such damages. If member is dissatisfied with the service, the materials available on or through the service or the site, or with any of the terms of agreement, member's sole and exclusive remedy is to discontinue using the service and leave the site immediately.
Clients may not upload copyrighted material to FrontRange360.com servers. Client assumes all responsibility for verifying that client has the copyright or permission to use any digital upload whether text, audio, video, or image on FrontRange360.comâ€™s servers. If client does not hold the copyright to a particular digital file they wish to upload, they must provide written proof to FrontRange360.com that they have permission from the copyright holder to upload the digital file. FrontRange360.com provides non-copyrighted audio files that can be used for background audio on FrontRange360.com listings and FrontRange360.com holds the copyright to any video or imagery provided by FrontRange360.com photographers. Customer hereby absolves FrontRange360.com and accepts responsibility for any copyright infringement enforcement if such enforcement occurs.
Member agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for FrontRange360.com, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the TOS, Member's account will be terminated and use of the Service and Site prohibited.
Data is maintained as long as the membership is active and in good standing. After the membership has ended, all data and content associated to the member's account will not be accessible. If you subscribe to FrontRange360.com membership, there are no storage limitations while you are a subscriber.
FrontRange360.com prohibits the use of the FrontRange360.com Service in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("Spam"). You may not use any FrontRange360.com Services to send Spam. If FrontRange360.com believes that unauthorized or improper use is being made of any FrontRange360.com Service, it may, without notice, terminate any account which it determines is transmitting or is otherwise connected with any email that violated this policy. You will not use the FrontRange360.com Service to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
FrontRange360.com reserve the right, in our sole discretion, and without liability, to terminate Your Service, with or without notice, for any reason or no reason, including the use of false or invalid company and personal information. The TOS may be terminated by either party hereto at any time. FrontRange360.com shall not be liable to Member or any third party in any manner for termination of the Service. In the event Member should become dissatisfied with the TOS or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the Service, terminate the membership and give notice of these actions. Upon termination, Member's right to use the Service and the Site cease immediately and FrontRange360.com shall have no obligation whatsoever to forward any Member's Content or refunds of subscription fees to the Member.
Member agrees to defend, indemnify and hold harmless FrontRange360.com, its officers and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member's use of the Service and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement. Member agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the TOS. Further, the TOS is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the Terms of Agreement.