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Please read the following license agreement carefully. By continuing the signup process, you agree to the terms and conditions of this agreement. If you do not agree, please do not continue the signup process.
POCKETMLS(tm)TM WIRELESS SERVICE AGREEMENT POCKETMLS(tm) IS A SERVICE OF BAYNET WORLD, INC. (hereafter referred to as 'Baynet World, Inc.' or 'Baynet') IN ORDER TO USE THE POCKETMLS(tm) WIRELESS SERVICE, YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE POCKETMLS(tm) WIRELESS SERVICE. BY USING POCKETMLS(tm) WIRELESS SERVICE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME BY POCKETMLS(tm). IF YOU DO NOT AGREE, PLEASE CALL BAYNET WORLD, INC (the parent company) TO DISCONTINUE USE OF POCKETMLS(tm) WIRELESS SERVICE. 1. Registration Process. In order to utilize the PocketMLS(tm) Wireless service you will be required to submit certain registration data. Such registration data may include, but not be limited to, your name, address, e-mail address, credit card number, appropriate MLS username/password, DRE # and other billing information. You hereby certify that any registration data you provide to PocketMLS(tm) is accurate and complete, and you agree to notify PocketMLS(tm) within twenty (20) days of any changes to such data. Baynet reserves the right to refuse the PocketMLS(tm) Wireless service for any reason. We assume no liability for any action that may result or any failure of our product due to incorrect MLS data provided by the agent. 2. Service Term, Payment and Refunds. The initial service term of PocketMLS(tm) Wireless service is one (1) year commencing on the date you first login to PocketMLS(tm)'s Wireless service. Baynet recommends that you confirm that access to your MLS data is available via the PocketMLS(tm) Wireless service prior to or no later than the start of the initial service term. If you are unable to access your MLS data via the PocketMLS(tm) Wireless service or you dissatisfied with PocketMLS(tm)'s Wireless service, you are entitled to receive a refund of your purchase price LESS a surcharge of $10 provided you call Baynet within fifteen (15) days from the date you purchased or registered for PocketMLS(tm),, whichever occurred sooner. NO REQUESTS FOR REFUNDS WILL BE ACCEPTED AFTER THIS PERIOD EVEN IF YOU ARE NO LONGER ABLE TO ACCESS YOUR MLS DATA DUE TO REASONS BEYOND BAYNET WORLD, INC's CONTROL. Baynet services are cancelable anytime after the date of initial signup or renewal. You must send a cancellation request via e-mail to support@baynet.com. All accounts will be auto renewed one week prior to the anniversary. If you are canceling your account before the next renewal date, you must have this be done one week prior to your expiration date (please call Baynet to verify your expiration date). Any cancellations after your signup or renewal date will result in a prorated credit being issued to you by your method of payment LESS a $150 cancellation and processing fee. Credit Card Surcharges will also apply. 3. DISCLAIMER OF WIRELESS INTERNET ACCESS. Use of PocketMLS(tm)'s Wireless service requires you to be able to access the Internet using a wireless device. This may require you to purchase additional hardware and other compatible equipment and a separately purchased service contract from a wireless service provider. Wireless Internet access and other wireless communications coverage and strength vary by market area and are the responsibility of your wireless service provider. BAYNET IS NOT RESPONSIBLE FOR PROVIDING WIRELESS ACCESS TO THE INTERNET AND EXPRESSLY DISCLAIMS ANY WARRANTY OR GUARANTY THAT YOU WILL BE ABLE TO OBTAIN WIRELESS ACCESS TO THE INTERNET IN ORDER TO USE POCKETMLS(tm)'S WIRELESS SERVICE AT ANY PARTICULAR TIME. The terms of this Section will survive any termination of this agreement. 4. DISCLAIMER OF WARRANTY. You agree and understand that you are using the PocketMLS(tm) Wireless service at your own risk. PocketMLS(tm) is provided ON AN AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. POCKETMLS(tm) EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS POCKETMLS(tm) WIRELESS SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR UNINTERRUPTED. BAYNET DOES NOT GUARANTEE POCKETMLS(tm)'S WIRELESS SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY POCKETMLS(tm), ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement. Baynet World, Inc. certifies that it has tested the PocketMLS application on the appropriate operating systems of the wireless device you are choosing. We assume no responsibility for performance or device issues relating to the wireless hardware in which the software is installed. 5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BAYNET WORLD, INC., OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE POCKETMLS(tm) WIRELESS SERVICE, OR FROM ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE POCKETMLS(tm) WIRELESS SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT BAYNET WORLD, INC. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT OR SERVICES AVAILABLE THROUGH THE POCKETMLS(tm) WIRELESS SERVICE. The terms of this Section will survive any termination of this agreement. 6. Modifications. Baynet World, Inc. reserves the right to modify this Agreement in its discretion, at anytime. If any modification to this Agreement is unacceptable to you, you may immediately terminate this Agreement. However, if you do not terminate the Agreement, or continue to use the PocketMLS(tm) Wireless service following any modification to this Agreement, your continued use will mean that you have accepted that modification. 7. Miscellaneous. This agreement constitutes the entire agreement between you and Baynet World, Inc. with respect to the PocketMLS(tm)' Wireless service. Baynet World, Inc's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of the state of California, County of Santa Clara (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Santa Clara, CA, for any action arising out of this Agreement or relating to your use of the PocketMLS(tm) Wireless service. All notices may be sent by e-mail, fax, express mail, mail, or registered mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without Baynet World's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and PocketMLS(tm) and their respective successors and assigns. The terms of this Section will survive any termination of this agreement. This license to use is protected by US Patent #6484176 and other patents pending, for more information please contact Baynet World Inc.
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By submitting the sign up request, unless otherwise agreed upon, you agree to pay the service fee of $200.00 yearly or $20.00 monthly (base on your subscription option above) plus $100.00 one time set up fee.