Pyramid Platform reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. Pyramid Platform may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Use of Site
This Site is designed to assist the sellers and buyers of residential real property in the receipt and management of offers and counteroffers presented to and by a seller or buyer of residential real property by real estate brokers and real estate agents. The information and services offered on this Site is provided solely for use by sellers and buyers of residential property and their respective real estate brokers and agents and does not constitute real estate, legal, tax, accounting or other professional advice. BY USING THE SITE, YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT PYRAMID PLATFORM IS NOT A REAL ESTATE AGENT, REAL ESTATE BROKER, MORTGAGE BROKER OR MORTGAGE LENDER UNDER THE REAL ESTATE LAWS OF ANY STATE. NOTHING IN THE SERVICE IS INTENDED TO BE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO, REAL ESTATE OR TAX ADVICE. PYRAMID PLATFORM MERELY PROVIDES TECHNOLOGICAL TOOLS THAT BROKERS, AGENTS, BUYERS, SELLERS AND OTHER INDIVIDUALS AND/OR COMPANIES MAY USE TO TRANSACT BUSINESS AND PYRAMID PLATFORM IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS, AGENTS, BROKERS, SELLERS AND ANY OTHER RELATED PARTY, AND IS NOT THE AGENT OF, NOR HAS ANY AUTHORITY ON BEHALF OF ANY OF THE AFOREMENTIONED PARTIES OR ANY OTHER THIRD PARTY, FOR ANY PURPOSE WHATSOEVER. AT NO TIME AND IN NO EVENT SHALL PYRAMID PLATFORM BECOME INVOLVED IN ANY DISPUTE OR TRANSACTION BETWEEN THE AFOREMENTIONED PARTIES OR HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, MAKING OR GUARANTEEING ANY PAYMENT THAT MAY COME DUE AS A RESULT OF ANY TRANSACTION OR AGREEMENT BETWEEN THE AFOREMENTIONED PARTIES.
Proprietary PP Content
All information, data, text, software, files, icons, specifications, images, graphics, literature, technical information, organization, layout, design, copyrighted materials, trademarks, trade dress, and other content contained on or provided through the Site (collectively, the "PP Content") is owned by Pyramid Platform and its licensors, and is protected by applicable United States and international copyright and other intellectual property rights, laws and treaties. The Site and PP Content include any derivatives, updates or modifications provided thereto and created therefrom and any information derived from the use of the Site.
You agree to treat all information and PP Content obtained from the Site as proprietary to Pyramid Platform except for content you have uploaded to the Site. Pyramid Platform does not ensure the accuracy of, endorse or recommend any PP Content and you accordingly agree to use such PP Content at your own risk. Pyramid Platform grants you a limited license to access and use the PP Content solely for the purpose of submitting offers and counteroffers thereon. You agree not to access or use the Content (directly or through any automated device) for further distribution, publication, public display, or preparation of derivative works or to facilitate any of these activities in any way, including, without limitation, to reproduce any Content for or in connection with any other service or device.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL ELEMENTS OF THE SITE IS AT YOUR SOLE RISK AND ITS FUNCTIONALITY IS PROVIDED "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE”. PYRAMID PLATFORM DISCLAIMS ANY AND ALL WARRANTIES, CLAIMS, GUARANTEES OR REPRESENTATIONS WITH REGARD TO THE APPROPRIATENESS, ABILITY, ACCURACY, SUFFICIENCY, CORRECTNESS, SECURITY OF DATA OR CONTENT, THE LOSS OF ANY DATA, CONTACTS OR CONTENT, VERACITY, VALUE, COMPLETENESS, OR TIMELINESSS OF THE SITE. PYRAMID PLATFORM DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, WORKMANLIKE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, PYRAMID PLATFORM DOES NOT WARRANT THAT THE SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, ERRORS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS THAT WILL PREVENT TRANSMISSION FAILURES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL PYRAMID PLATFORM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY LOSS OF CONTENT(S), LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SERVICE, COMPUTER FAILURE, THE PROVISION OR FAILURE TO PROVIDE SERVICES, SECURITY OF THE SITE, UNAVAILABILITY OF THE SITE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE, PERFORMANCE OR INABILITY TO USE THE SITE OR RELATED SERVICES INCLUDING ANY CONTENT AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITES, AND ALL OTHER USES OF THE SITES, WHICH ARE DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES EVEN IF PYRAMID PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THE SITE SUBJECT TO ANY OTHER REMEDIES PROVIDED HEREIN.
Term of Use
User Content and Online Conduct
With respect to any and all offers, counteroffers, data, text, and any other content you elect to upload, post, or otherwise transmit to Pyramid Platform through the Site ("User Content"), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation, credentials or licenses with any person or entity. Pyramid Platform does not guarantee the privacy or security of any User Content being transmitted through the Site. By transmitting User Content to or through the Site, you grant Pyramid Platform, its affiliates, and licensees the royalty-free, fully paid, perpetual, irrevocable, non-exclusive and fully sub- licensable worldwide right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You further acknowledge and agree that Pyramid Platform may preserve any such User Content and may also publicly disclose such User Content in its sole discretion. You grant, represent and warrant that:
(a) You own or have the full right, power and authority to grant to Pyramid Platform the right to use, copy, perform, display, and distribute the User Content;
(b) By posting User Content to the Site, you grant Pyramid Platform all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Site by any party for any purpose of and rights in all User Content and/or that you otherwise control all of the rights to such User Content including, without limitation, all the rights necessary for you to transmit such User Content, and to transfer your or others' interests in such User Content to Pyramid Platform as provided below;
(c) Any User Content you provide to Pyramid Platform will be true and accurate;
(d) Your license of such User Content to Pyramid Platform hereunder does not, and the use or license of such User Content by Pyramid Platform to third parties will not, infringe any right or interest owned or possessed by any third party; and
(e) There are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content.
You expressly understand and agree that you, and not Pyramid Platform, are solely and entirely responsible for all User Content that you upload, download, post, or otherwise make available via the Site including any and all offers and counteroffers that you provide or otherwise make available via the Site. You also expressly understand and agree that you, and not Pyramid Platform, are solely and entirely responsible for refraining from disclosing any confidential, private, non-public or personal information ("NPPI"). Pyramid Platform does not guarantee the privacy or security of any User or Third Party Content being transmitted through the Site and Pyramid Platform does not control, verify, or monitor any User or Third Party Content posted via the Site by any visitors to the Site and does not guarantee the accuracy, integrity or quality of such content. You agree that you must evaluate, and bear all risks associated with, the use of any User or Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such and acknowledge that you must independently verify any Content and not exclusively rely on any Content submitted to Pyramid Platform or any other users of the Site through the Site.
YOU ARE RESPONSIBLE FOR BACKING UP OR EXPORTING THE USER CONTENT TO ENSURE YOU PRESERVE YOUR CONTENTS. IF YOUR SERVICE IS SUSPENDED OR CANCELED, PYRAMID PLATFORM MAY PERMANENTLY DELETE YOUR OR OTHER USER CONTENT FROM ITS SERVERS AT ITS SOLE DISCRETION AND YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT TO SUCH CONTENT IN THE EVENT OF A CANCELLATION OR SUSPENSION. PYRAMID PLATFORM HAS NO OBLIGATION TO RETURN USER CONTENT TO YOU AFTER THE SERVICE IS SUSPENDED OR CANCELED.
REPRESENTATIONS AND WARRANTIES
- Will use the Site on a computer on which such use is authorized by the computer's owner;
- Will pay Pyramid Platform for any and all fees associated with your usage of the Site;
- Are 18 years of age or older.
You also agree that you will not:
- Damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
- Obtain or attempt to obtain any materials or information through any means not made readily accessible by Pyramid Platform through the Site.
- Access or attempt to access password protected, secure or non-public areas of the Site.
- Decrypt, defeat and/or overcome any digital rights management technology implemented with respect to the Site or data transmitted, processed or stored on the Site.
- Send, expose, disclose, reveal, or share non-public private information through the Site without the express written consent of the owner of the information and you agree to be solely responsible and to hold harmless and indemnify Pyramid Platform for any and all expenses, claims, damages, costs, liability and legal actions for unauthorized sharing of NPPI through the Site.
- Remove or conceal any proprietary notices from the Site;
- Cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, hacking or disassembling of the Site, including any PP, User or Third Party Content or any other elements contained or offered by the Site;
- Use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any PP Content or portion of the Site;
- Use this Site for the benefit of any third party or any manner not permitted by the licenses granted herein;
- Use the Site or submit any User Content to generate or send any unsolicited commercial email (Spam);
- Copy any elements of the Site (other than as expressly provided under United States copyright laws);
- Access, create or modify source code of the Site in any way;
- Use the Site to, or in any way that would, violate any applicable local, state, national, or international law, regulation, ordinance or real estate practice having the force of law, including but not limited to the Gramm-Leach-Bliley Act, SB 1386, RESPA, CAN-SPAM, Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
- Impersonate any person or entity, or falsely state or otherwise misrepresent or inaccurately display your credentials, qualifications, listings, affiliations with a person or entity, post, upload or otherwise relay information which is misleading to others, including consumers; or otherwise disguise the origin of any User Content;
- Submit or publish User or Third Party Content that contains or includes any virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or
- Use this Site to develop, generate, upload, post, display transmit or store information or User Content that:
(a) infringes any third party's intellectual property (including but not limited to patent, trademark, trade secret copyright or other proprietary rights of any party);
(b) is unlawful, threatening, harassing, tortious, defamatory, libelous, pornographic, an invasion of privacy, obscene, abusive, hateful, vulgar, illegal, racist, offensive or harmful; or
(c) In any way obstructs or otherwise interferes with the normal performance of another person's use of the Site.
Pyramid Platform may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Pyramid Platform to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. If Pyramid Platform has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or in breach, Pyramid Platform may suspend or terminate your account, deny any or all use of the Site, and pursue any appropriate legal remedies. In addition, Pyramid Platform reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
Accounts and Security
Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify Pyramid Platform of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site under your user name and password.
You are solely responsible for your dealings with third parties who use the Site.
Electronic Signatures and Agreements
© 2016 Pyramid Platform, LLC. All rights reserved.