Real Estate Leads Solutions Terms and Conditions

1parkplace Terms and Conditions

Last updated: May 23, 2006

Acceptance

By using the suite of 1parkplace services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any 1parkplace services. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. If a member refuses to be bound by any future provisions or amendments to these terms and conditions, the client will have the option to cancel their membership as of the renewal date (see cancellation policy for correct procedure).

Account Policy

These terms and conditions apply to any and all accounts, of any type (MLS Wizard, Value Wizard, Featured Listing Wizard, Website Bundle, Domain Services, or Email) associated with your account.

Billing and Renewal Policy

Most of 1parkplace's services are offered on a monthly agreement. The initial prices for these products or services will be established in the agreement signed between 1parkplace and you. 1parkplace reserves the right to change the pricing for the different services and products at any time with 30 days notice. You will be bound by this new pricing upon renewal of any monthly or annual services after the 30 day notice period.

It is your, the account holders, responsibility to provide 1parkplace with a valid credit card number and authorize 1parkplace to charge this account for any products or services provided to you. You agree to keep 1parkplace updated with current credit card information and provide new credit card information in the case that your old card is deactivated or has insufficient funds to cover your membership fees.

1parkplace does reserve the right to place your account on hold, deactivate your services, or terminate the agreement if your account falls into arrears. If the member has an outstanding balance at the time of termination or cancellation, this balance must be paid in full.

1parkplace services are billed in advance on a pre-paid basis and will automatically renew for additional periods of equal length on a month to month or annual basis depending on your selection. Billing dates take place on business days and if your month to month or annual anniversary falls on a weekend, our systems will automatically process your payment on the previous business day.

In the event that you wish to dispute any fee 1parkplace has charged against your account, you agree to discuss the issue with 1parkplace in order to resolve the issue.

Declined, refused, and/or returned payments may result in a $25.00 service fee to your account for each billing event that is declined, refused or returned.

Cancellations

The purpose of this policy is to protect the rights of the member as well as 1parkplace. It prevents others from maliciously canceling a Client's account and also provides the Client and 1parkplace with written documentation of the member’s intent to cancel.

1parkplace will not honor cancellation requests made via voice mail. Instead, cancellations must be received in writing by either: fax (858) 673-6014, postal mail, or emailing 1parkplace at help@1parkplace.com with the subject line "Please cancel my account". In some cases 1parkplace will verbally contact the member to ensure that the account cancellation was not requested by someone other than you, the member.

Members have the right to cancel their account at any time, however services are billed in whole billing periods only. If a member wishes to cancel their account part way through their billing cycle, either monthly, they will be charged for the entire billing cycle. Members will not, in any way, be prorated for unused time on their agreement.

Cancellation requests must be received no less than 10 days prior to the end of your billing cycle term. In circumstances where you do not cancel your account prior to the renewal date you are liable for payment of the entire term of 1 or 12 months.

NOTE: Set-up fees are not refundable.

Once the member has requested to terminate their account 1parkplace will cease to provide any support to the members account or website once the billing cycle has ended. This includes, but is not limited, to domain services, technical services, and/or customer services. Any links or graphic received from 1parkplace must be immediately removed from the website of the terminated member.

Support Policy

Customer support is available to members in good standing via email, live chat, and telephone. Our customer care support hours are as follows:

Telephone: Monday through Friday 7:00 AM to 6 PM (PST)
Email: Monday through Friday 7:00 AM to 6 PM (PST)

1parkplace expects you, the member, to have a rudimentary understanding of the manner in which the tools and services purchased from 1parkplace function. The 1parkplace customer support team does not assume any responsibility in teaching or training you in the use of the products and services you purchased. Online training guides and FAQ's are available to users, free of charge, on the 1parkplace website.

If you or your clients experience technical difficulties, including but not limited to error messages or improper functioning, support will be provided at no charge to you, the member. Any other requests for support, custom work, and training will be billed to the client based upon the current 1parkplace pricing for such services.

1parkplace Commercial Email (SPAM) Policy

For the protection of all members using the 1parkplace suite of services, 1parkplace is committed to maintaining a SPAM free environment. Improper and irresponsible use of the email tools through 1parkplace can result in the entire population of members of our tools being blocked or filtered from sending emails to certain email service providers.

1parkplace stresses that you follow responsible permission based email marketing standards. You must agree to follow all provisions of the CAN-SPAM, which can be read in entirety here.

1parkplace does not accept responsibility for the consequences of members whose actions might have resulted in the blocking or filtering of 1parkplace system emails to email service providers. 1parkplace will monitor the email actions of users of the system in the case of SPAM compliance complaints and are authorized to terminate the agreement of members who continue to violate the 1parkplace SPAM policy. If your account is terminated or deactivated due to infringement of the 1parkplace SPAM policy you may be subject to a $50 reactivation fee.

Accounts canceled due to SPAM could be billed a clean up fee of $100.

Access to MLS Service:

1parkplace has established a relationship with your MLS organization to provide IDX tools to member agents. The data feed that 1parkplace receives as a third party IDX provider is contingent upon compliance with Broker Reciprocity standards. In order to ensure that 1parkplace continues to have access to IDX data, you agree to comply with any and all Broker Reciprocity standards for your respective MLS organization. These standards vary across boards, however usually contain provisions including, but not limited to the following:

Agent is a member and remains a member in good standing of the MLS board through the life of their agreement.
Agent will not make any modifications to any listings received from the IDX feed which are not their own.
Agent and broker of said agent will provide a signed copy of the IDX agreement for their respective MLS. If agent moves to another company they will need to provide a new IDX agreement (if applicable) with the new broker signature.
Agent is responsible for checking with their MLS organization to ensure that their website is compliant with their standards for receiving the IDX data feed.

As a third party IDX vendor, 1parkplace receives all their IDX information from your MLS board. 1parkplace assumes no responsibility for missing listing information, including photos and property details, as our service is reliant upon the information provided to us by the MLS board. 1parkplace is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services. The use of MLS data services is strictly at your own risk.

Website Vandalism

Please understand that 1parkplace only considers a "hacked" account to be the unauthorized access of an account resulting from the criminal act of distributing and propagating a keylogger, Trojan, or other computer virus. We do not recognize a "hacked" account to be theft resulting from any sort of account sharing. The integrity, security and interactions on an account are the sole responsibility of the account owner, and not 1parkplace. Any settings lost in this incident will not be restored. Owners are responsible for maintaining the confidentiality of their passwords and security of their accounts at all times.

The act of writing and distributing malicious code is a criminal act, one that the police will often investigate. A victim will need to contact his or her local authorities in order to report this activity. Because the actual crime was committed on the user's system, and not a system owned by 1parkplace, we cannot file the report on behalf of the user.

During the investigation, police will likely need to contact us with a subpoena request to identify and track down the perpetrators. This can be done by writing or faxing 1parkplace at the contact below:

1parkplace, Inc.
Account Administration Department
10875 Rancho Bernardo Road, Suite 100
San Diego, CA 92127

Fax Number: 858-673-6014

Once this information has been received by 1parkplace, we will proceed to review the account history and do our best to pursue the individuals responsible.

Ownership of Services

1parkplace (or its affiliates) is the exclusive owner of the services and your use of the services does not provide you any right or interest in any of 1parkplace's intellectual property including, but not limited to, common designs, layouts, content, program code, scripts, database structures, proprietary strategies and processes, and other intellectual property of 1parkplace (or its affiliates). You may copy and reuse content and/or graphics designed specifically for you by 1parkplace; provided, however, that all source files for such content and/or graphics remain the exclusive property of 1parkplace and such source files will not be provided to you or your representatives for copy, modification or reuse. A 1parkplace copyright mark, logo and hyperlink will be placed on all publicly accessible web pages included in the services.

Additionally, under no circumstances are you allowed to modify any link that 1parkplace provides to you without express permission from 1parkplace. Any violation of this policy could result in a fine or termination of your 1parkplace services.

Domain Name Registration

1parkplace will register all domain names, for the period originally selected on your order, that you request and you will be the sole owner of your domain name(s). In order to ensure that your domain name remains in your possession 1parkplace will automatically renew any domains registered on your behalf for an additional year at a $25 charge (or discounted fee for multiple years).

In the event that you terminate your services with 1parkplace before the renewal period for your domain arrives, it is recommended that you take charge of your domain. 1parkplace has no responsibility to track down members who have terminated services with 1parkplace in order to inform them that their domain name has expired.

Content

Any and all services and products provided by 1parkplace can be used only for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this agreement can result in a suspension of service leading to termination or in 1parkplace'c sole discretion, an immediate termination of service. This includes, but is not limited to:

Infringement of copyright, trademark, patent, trade secret or other intellectual property right
Display of pornographic material or links on 1parkplace hosted websites
Racially offensive material, hate material, and adult content
Mail fraud, marketing schemes, or fraudulent activities
Sending of unsolicited email, mail bombs, or any virus transmitted via email

Using any 1parkplace service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

1parkplace does not host sites of its competitors or web pages promoting sites of its competitors.

1parkplace will be the sole arbiter as to what constitutes a violation of this provision.

Limitations of Liability

1parkplace is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the 1parkplace server; or losses or damages arising from the use of the content or services provided by 1parkplace, and for greater certainty and without limitation to the generality of the foregoing:

1parkplace liability to the client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the client to 1parkplace, for the prior 1 or 12 months (whichever is appropriate);
In no event will 1parkplace be liable to the client for any indirect, incidental or consequential damages arising out of the service or in connection with the client web site or any other services or products provided to or by the client;
1parkplace, its officers, directors, owners, agents and employees, shall in no way be liable to the client or anyone else for any loss or injury resulting from use of the service or the Client's web site;
In no event shall 1parkplace be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the client's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
In no even shall 1parkplace be liable for any damages, whatsoever, as a result of the termination of this agreement.

Indemnification

As a client, you agree not to harm 1parkplace, its reputation, computer systems, programming and/or other Account Holders using 1parkplace's services. 1parkplace reserves the right to select the computer for the client's web site for best performance. If the client breaches this Agreement, then 1parkplace has the right to terminate service without any refunds of the unused portion prepaid by the client.

1parkplace does not offer any warranty or guarantee other than those expressly stated in the Terms of Service.

1parkplace reserves the right to amend our Terms and Conditions at any time and without notice.

Right to Refuse Service

1parkplace reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this agreement or if 1parkplace deems the client to be a hindrance to 1parkplace, the client will be blacklisted and 1parkplace will not provide any services to the client in the future. In such an event, 1parkplace may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

1parkplace reserves the right to refuse services to any potential client, even before any services have been provided to the client.

Trademarks

1parkplace, iStrategy its successors and assignees own and have the exclusive use of the 1parkplace and iStrategy service, trademark and logo. Unauthorized use of any 1parkplace or iStrategy service, trademark or logo is a violation of federal and state trademark laws.

Contact Information

All notices to 1parkplace under this agreement shall be in writing and delivered via U.S. mail to: 1parkplace Inc, Attn: Member Care, 10875 Rancho Bernardo Road, Suite 100, San Diego, CA 92127. You may also Fax written notices to: (858) 673-6014.