Point2 Marketing Services Agreement

The Marketing Services Agreement (the "Agreement") is between you ("User") and Point2, a division of Yardi Canada Ltd. ("Point2") and becomes effective upon your use of Point2 Marketing Services ("Services").

  1. Marketing Services
    Point2 grants to the User (a licensed real estate professional) the right to use Services where User complies with the terms described and agreed to herein. The User may not use the Services for any use prohibited by law or the rules of the applicable Multiple Listing Service (e.g., displaying other broker listings without permission).

  2. Term
    The term of this Agreement continues until User or Point2 gives 1 business day notice of termination to the other party.

  3. No Rights to Property
    This Agreement does not provide the User any intellectual property or any other property rights from Point2. The User agrees not to make any attempt to discover or obtain the source code for any software used in the provision of Services.

  4. Limitation of Liability
    Under no circumstances, shall Point2 be liable for any damages. Point2 shall be held harmless for losses that occur relating to the use of Services.

  5. Privacy
    Point2 will take reasonable measures to ensure that our privacy policy is adhered to. Point2 only uses information in ways necessary to provide the Services to the User.

  6. Use of Information
    The User grants a continuous license to Point2 to use any and all non-personal data provided in conjunction with the rendering of Services in any way necessary or desired by Point2 to deliver said Services and any other Point2 services.

  7. Listing Advertising
    Where the User participates in or utilizes Agent Handshake™, the User grants the right to use, publish, promote or otherwise advertise the User's shared listings to other applicable Services users. Further, the User represents and warrants that they are authorized to make said grant of rights to other Services users. The User acknowledges and agrees that Agent Handshake™ advertising relationships are created and participation occurs automatically. The User understands and agrees that they have the ability and obligation to manage, end, engage and/or alter Agent Handshake™ agreements as the User desires or is required by law.

  8. Optional Services
    While most Services of Point2 are free to User, User may acquire additional Services from Point2 in return for paying the applicable fees. Point2 will inform User of any such fees and must enter a credit card before any fees will be charged to User. No refunds, reimbursements or the like will be issued to User.

  9. User Experience
    In order to improve our users' experience and help them use our products more efficiently, we use third party services to get relevant feedback. These third party services may record mouse clicks, mouse movements, scrolling activities and text that users type in on our websites. These services are not used to collect any personally identifiable information entered on our websites, and are not used to track the browsing habits of our users across websites that do not use the respective services. To opt-out of these services, you can visit http://www.clicktale.net/disable.html or http://www.crazyegg.com/opt-out.

  10. Advertising Content
    Point2 reserves the right to, at its discretion, request the removal, modification, changes or elimination of any and all content advertising third party services on Services. In the event that such request is not satisfied by the User, Point2 shall have the right to terminate this Agreement and end Services.

  11. Termination
    The User's Subscription to Services is terminated if the User violates this Agreement. Either the User or Point2 can terminate this Agreement at any time with notice to the other party. Sections 3, 4 and 5 of this Agreement shall survive termination or expiration of this Agreement.

  12. General Provisions
    This Agreement is the entire agreement between the User and Point2 and supersedes prior agreements. The laws of Ontario, Canada will govern this Agreement. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other parts of this Agreement.