TERMS OF SERVICE

Last modified: July 2021

These Terms of Service (“Agreement”) are between you (“You”) and MoxiWorks LLC, a Washington limited liability company (“MoxiWorks”) and govern Your use of this real estate technology platform, including the software and applications included therewith (which applications include the Comparative Market Analysis Application (“CMA Application”)), and all content, hosting, and related services provided in connection therewith, all of which together constitute the “Site”.

1. ADDITIONAL TERMS

Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with such features. You must agree to any applicable Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into this Agreement.

2. ACCEPTANCE OF AGREEMENT

By clicking the “I Agree” button or by accessing and using the Site, You (a) agree to be bound by this Agreement; (b) represent and warrant that You are 18 years old or older and have authority to accept this Agreement; (c) agree to provide true, accurate, current, and complete information; (d) represent and warrant that You have the power and authority to enter into and perform under this Agreement; and (e) represent and warrant that Your use of the Site will comply with all applicable laws.

3. MODIFICATIONS

MoxiWorks may modify this Agreement at any time in its sole discretion. Modifications are effective upon being posted on the Site. You are responsible for reviewing the Agreement periodically to ensure that You are aware of any changes. Your continued use of the Site constitutes acceptance of changes.

4. PLATFORM ACCESS AND USE

MoxiWorks grants You a personal, limited, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Site for assisting in the marketing and sale of real property and not for any other purpose.

In connection with your access, you agree that you will NOT:

  • Download, copy, transmit, exploit, broadcast, modify, distribute, or create derivative works of the Site.
  • Violate any applicable federal, state, or local law or regulation, including Fair Housing Act, Americans with Disabilities Act, and Equal Credit Opportunity Act.
  • Obtain unauthorized access to the Site or send unsolicited advertising/spam.
  • Create a false identity or engage in defamation, harassment, or abuse of others.
  • Publish, post, or upload inappropriate, defamatory, infringing, or unlawful material.
  • Introduce viruses, Trojan horses, worms, or other harmful material to the platform.

5. TERM AND TERMINATION

This Agreement commences on the date You first access the Site and continues until terminated by either party upon written notice. MoxiWorks may permanently delete from its servers any uploaded content upon termination.

6. SUSPENSION

MoxiWorks may suspend all or part of the Site or limit Your access if determined to be necessary for technical, security, or legal compliance reasons.

7–10. CONTENT & PROPRIETARY RIGHTS

7. Use Guidelines: You agree to abide by all issued instructions, use guidelines, and policies regarding Your use of the Site.

8. Access & Security: You are fully responsible for maintaining the confidentiality of your credentials and all activity occurring under your account.

9. Your Content: You retain ownership of uploaded content but grant MoxiWorks a worldwide, royalty-free license to host and use Your Content in connection with the operation of the Site.

10. MLS Content & Terms: Listing information is provided by listing agents and Multiple Listing Services (MLS) and may not be copied without express authorization.

11–15. LIABILITY & DISCLAIMERS

11. Public Communication: Communications in public forums are not private, and you have no expectation of privacy regarding shared public posts.

12. Proprietary Rights: The Site and MoxiWorks content contain proprietary intellectual property protected by copyright, trademark, and trade secret laws.

14. Indemnification: You agree to defend, indemnify, and hold harmless MoxiWorks and its officers, directors, and agents against claims arising from your breach.

15. DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AGGREGATE LIABILITY OF MOXIWORKS SHALL NOT EXCEED TEN DOLLARS ($10.00).

16–26. GOVERNING LAW & COPYRIGHT (DMCA)

16. Dispute Resolution: Any claim arising out of this Agreement will be governed by the laws of the State of Washington, with venue in King County, Washington.

19. Copyright Claims (DMCA): Written notifications of claimed copyright infringement must be submitted to our designated DMCA agent:
Erin S. Hennessy, Haynes and Boone LLP
30 Rockefeller Plaza, 26th Floor, New York, NY 10112
Phone: (212) 835-4858 | Email: DMCA@haynesboone.com

24. Notice Address:
MoxiWorks LLC, Attn: Chief Financial Officer
1000 Second Ave. Suite 1300, Seattle, Washington 98104

© Coldwell Banker Real Estate LLC. All Rights Reserved.

Coldwell Banker® Envision • Norma Lopez, REALTOR® • DRE #02165031