Terms and ConditionsPlease Read Carefully Prior To Using This WebsiteYigDigs Use and Service AgreementThe website YigDigs.com is owned and operated by YigDigs LLC (the “Company” or “YigDigs”). YigDigs provides this Website and the services offered on it (collectively, the "Services") under the following terms and conditions of service and use (the "Terms" or “Agreement”). Please read them carefully. You understand and acknowledge that the Services are provided to you exclusively under these Terms. In these Terms, “Website” or “Site” refers to YigDigs.com. “You” and “Users” refers to users of YigDigs.com. “Customers” refers to users who purchase any product or Service on YigDigs.com, including without limitation listing their properties on the Website. The words “we,” “us,” and “our” refer to YigDigs LLC, the owner and operator of this Website. 1.ACCESS AND USE a. Access. You agree that you will not use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the YigDigs.com website or the content contained on any such web page for commercial use without the Company’s prior express written permission. You will not spam or send unsolicited e-mail or other messages to any other user of the Site for any reason, by means of YigDigs.com or otherwise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large network traffic or CPU load on YigDigs.com, the Company’s computer system, or other infrastructure. You agree not to modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon, the Site or any software or programming related thereto. Any access or attempt to access any areas of the Company’s computer system, or information contained on the system, except for YigDigs.com and information contained thereof, for any purposes, is strictly prohibited.
b. Use. The Site is for the exclusive use of buyers and sellers of real estate and related service providers. Subject to the terms contained herein, the Company hereby grants to you a non-exclusive, non-transferable, revocable license to use the Site, which shall include the right to search, display and print the property listings appearing on YigDigs.com for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. The Company reserves any rights not expressly granted herein. You may not search, display, print, distribute, copy, reproduce, publish, download, or transmit any material on the Site for commercial use without prior written approval of the Company. You may not “mirror” or “frame” any material contained on this Site on any other server or website, regardless of means, without prior written permission from the Company. The Company reserves the right to monitor your access and use of the Site and your compliance with the terms hereof without notice to you.
c. Use Restrictions. You agree not to post, transmit, e-mail, re-transmit or store material on, through or from the Site which, in the sole judgment of the Company: (1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other materials that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Site. You may only use the Site in a manner that, in the Company's sole judgment, is consistent with the purposes of the Site. If you are unsure of whether any contemplated use or action is permitted, please contact the Company immediately at
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for clarification. By way of example, and not limitation, the following uses described below of the Site are expressly prohibited:
i. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited, including providing links to pornographic content elsewhere;
ii. threaten to harm, attempt to harm or actually harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a Company employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity, or misrepresent yourself as actual buyers or sellers of real estate; iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); v. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or solicit any person or company using any telephone number, email address or other contact information found on the Site for any reason other than the purchase of real estate or related services advertised for sale on the Site;
viii. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
x. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Communications Commission, U.S. Department of Housing, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
xi. “stalk" or otherwise harass another;
xii. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access; xiii. rent, lease, transfer, resell and/or otherwise transfer rights to the Site; and xiv. delete or write over any portion of any listing or software appearing on or relating in any manner to the Site.
d. Linking. You are granted a limited, nonexclusive right to create a hypertext link to YigDigs.com provided that such link does not portray the Company or the Site in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever or no reason. You may not use framing techniques to display any content, information, layout, design, copyrighted works, trademark, logo or trade name appearing on YigDigs.com. Links on the Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. The Company has not reviewed all of these third party websites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Except as expressly set forth on the Site, the Company does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by this Site, you do so entirely at your own risk.
We do not provide real estate services to You. YigDigs LLC or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, YigDigs does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that may have been referred to you by YigDigs.com or who themselves are Users of the Site. The terms of any agreement between you and an independent real estate broker/agent are not endorsed, recommended or otherwise known to or by YigDigs. All MLS listings require a buyer’s agency commission if a real estate broker assists you in finding a buyer. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. Georgia residents may be subject to a 0.12% MLS surcharge at close of escrow.
5. LISTING PACKAGES
Paid listing packages consist of YigDigs Sell it, YigDigs Agent MLS, and YigDigs Agent MLS. A free listing package is available called YigDigs Free. Packages, pricing and features are listed on the Pricing and Packaging page and are subject to change at any time.
a.YigDigs Sell it. The YigDigs Sell it package includes features for home sellers to help sell their homes including uploading photos, listing the home on YigDigs and other sites, access to community expert forums and the Ask an Agent forum, and property ratings and reviews. The package does not include services from a real estate agent.
b.YigDigs Agent MLS. The YigDigs Agent MLS package includes all of the features of YigDigs Sell it, plus listing the home on the local Multiple Listing Service. The MLS listing is performed by a professional real estate agent that is a member of the YigDigs website. Home sellers have the option to choose the agent they would like to list their home on the MLS using the real estate agent Ratings and Reviews as a guide. c.YigDigs Agent Assist. The YigDigs Agent Assist package includes all of the features of the YigDigs Agent Assist package, plus limited services from a real estate agent. The MLS listing and limited agent services are performed by a professional real estate agent that is a member of the YigDigs website. Home sellers have the option to choose the agent they would like to work with using the real estate agent Ratings and Reviews as a guide. The limited real estate agent services can include: 1)Contract review 2)Counter offer advice and strategy 3)Title insurance & escrow guidance Up to four hours of total real estate agent time for posting the home seller listing to the MLS plus the additional services listed above are included in the YigDigs Agent Assist package. Services are performed by the real estate agent on a per listing basis, and are not transferable to other users or property listings. At the choice of the home seller, the real estate agent may provide other services to the home seller for an additional fee or commission, outside of YigDigs package offering. All real estate agents that are members of YigDigs and provide services to YigDigs home sellers or other members must adhere to the YigDigs Terms and Conditions as well as an Independent Contractor Agreement. a. General. The Company’s Internet operations, design, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof, shall remain the sole and exclusive property of the Company, and you shall have and acquire no interest in them whatsoever.
b. Copyright and Trademark. All information, content and materials that appear on YigDigs.com, including, without limitation, text, photographs, images, pictures, graphics and other files, and the selection and arrangement thereof, but excluding information, content and materials that are submitted to the Site by users thereof, are copyrighted materials of the Company (the “Copyrighted Works”). The trademarks, service marks, trade names, trade dress and logos used and displayed on this Site (including all page headers, custom graphics, button icons, and scripts), but excluding marks, names and logos submitted to the Site by users thereof, are registered and unregistered trademarks, service marks, trade names, trade dress and logos of the Company (the “Trademarks”). You acknowledge that the Copyrighted Works and Trademarks used and displayed on this Site are and shall remain the sole property of the Company. Nothing in this Agreement shall confer any right of ownership of any of the Copyrighted Works or Trademarks in you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppels or otherwise any license or right to use any of the Copyrighted Works or Trademarks used or displayed on the Site, without the express written permission of the Company. Neither the Copyrighted Works nor the Trademarks may be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
c. Company as Intermediary. The Company does not create, make, author, write, print or otherwise produce any of the property listings that appear on YigDigs.com, including but not limited to the text, photographs, images and links to third party websites contained therein. All such property listings are produced and submitted to YigDigs.com by others.
7.YOUR ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. 8.THIRD PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of Content supplied by third parties and users of the Services. Accordingly, we have no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of YigDigs.com. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website or utilizing the Services by anyone other than authorized YigDigs spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the Content on the YigDigs.com Website and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms that we believe may create liability for us, or that we deem otherwise objectionable. 9.DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT YIGDIGS LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES. 10.NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only. 11.TERMINATION
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and modify, remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of if your account is inactive for any period of time. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time. 12.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE YIGDIGS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YIGDIGS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 13.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL YIGDIGS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO: a.the use or the inability to use the Services; b.the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services; c.unauthorized access to or alteration of your transmissions or data; d.statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights; e.your failure to adequately safeguard your password or access to the Services; f.any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services; g.termination of your access to or use of the Services as provided herein; h.the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services; i.any modification, suspension or discontinuance of the Services (or any part thereof) or these terms; j.use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and k.any other matter relating to the Services or these Terms. In any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, the maximum liability of YigDigs will be limited to, in the sole discretion of YigDigs, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by YigDigs from User. 14.EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. 15.INDEMNIFICATION
You agree to indemnify, defend and hold harmless YigDigs LLC, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the YigDigs.com Website or other Services. 16.LICENSE
You hereby grant to YigDigs.com and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free right, in any media now known or not currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the YigDigs.com Website or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us. 17.DISPUTE RESOLUTION;
APPLICABLE LAW AND FORUM With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions (including without limitation the Privacy Policy), YigDigs and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law principles. YigDigs and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Austin, Texas or another forum IF mutually agreed upon by the parties, pursuant to the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. User agrees that YigDigs is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision. YigDigs has no obligation to become involved in any dispute between a User and any other person. 18.MODIFICATION OF TERMS AND CONDITIONS, ETC.
These terms and conditions and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. YigDigs will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these terms and conditions occasionally, or at least every thirty (30) days. User’s continued use of this Website subsequent to YigDigs notice of modification of these terms and conditions shall constitute User's acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent of the intent and agreements set forth in these terms and conditions. User's obligations pursuant to these terms and conditions shall survive termination of this Website, any use by User of this Website, any Content of User on this Website, or these terms and conditions. 19.PRIVACY POLICY
The Company is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these terms and conditions by reference, and constitutes a part of these terms and conditions. 20.VIOLATIONS
Please report any violations of the Terms to us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Effective Date: July 16, 2009. |
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