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QUIGLER, INC. TERMS OF USE

Originally revised October, 2017, revised October 1, 2018

Unlike most terms of use documents, this one is intended to be easy to read and understand.. Our goal is to clarify what you can expect from us and what we expect from you. Don’t worry, it’s nothing too crazy, but it is legalese. Sorry about that, but it’s what the lawyers say we have to do.

We’ll continue to update this document to make it better. So if you see something confusing or have questions, please feel free to contact us: Support@Quigler.com. Our goal is always to get better.

These terms and conditions of use (“Terms of Use”) govern the use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Quigler, Inc. (“Quigler”), including the www.Quigler.com website and the IOS app for an iPhone as well as the Android version (the “Site(s)”) and the services available to users through the Sites (“Services”) for real estate agents and their clients who are buying, selling, renting or leasing real estate. Your compliance with these Terms of Use is a condition to your use of the Site. That means that if you don’t agree to be bound by the Terms of Use, just promptly exit this Site. No hard feelings. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your information.

To access the Sites, you will be required to register an account and password. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process and tell us what kind of transaction for which you want us to show you the Steps and Actions.

Security and password

It is your responsibility to maintain the confidentiality of your password and account. If you forget your password we can send you a link to reset it. And if we ever figure out a better way to authenticate users, we’d love to know because, let’s face it, passwords are really frustrating to manage.

Support

The best way to get support for our Services is via email: Support@Quigler.com. This will provide the fastest way to resolve any issues you may have. We promise to be really nice and do our best to help you quickly.

Warranties and Disclaimers

Our Service is provided on an “as is” and “as available” basis. Initially, new users wil have an early version of Quigler (sometimes known as a “Beta version”) and it will have limited availability of functionality. But every few weeks we anticipate releasing an upgrade and over a 3-6 month period we expect to have the full app loaded. Meanwhile, like all cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. That’s just reality.

However, we do pride ourselves on reliability. We use modern cloud computing services for our technical infrastructure which are robust, redundant and reliable. We also monitor the status of the Service closely so that we can take prompt action in the case of an outage. So we’re doing our best here to keep the Service working at full tilt.

Quigler does not provide any real estate agents’ services itself. All of the agents are independent of Quigler and use the Service as a way to communicate with consumers and to help them to track their performance of various required tasks. Any information or advice received from an agent or others comes from them alone, and not from Quigler. The Service is not intended to take the place of diligent performance of professional duties by the real estate agent or the maintenance of regular telephone and other communication by the agent and the client. Neither Quigler, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any advice or service obtained from a real estate agent obtained via and/or through using the Service or for any other information obtained on the website. Quigler does not endorse any specific real estate agents, practices or procedures that are recommended by agents using the site. Consumers acknowledge that reliance on any real estate agents or information provided by the agents via the Service is solely at your own risk and you assume full responsibility for all risk associated therewith.

Quigler does not make any representations or warranties about the training or skill of any real estate agents who use the Service. All we are trying to do is help agents who subscribe to do their job better. Clients may be provided with ratings for real estate agents and/or a list of available agents located in the U. S. based solely on the information a they provide to Quigler. Consumers are ultimately responsible for choosing and deciding whether or not to hire or keep a particular real estate agent, and the agent is solely responsible for the diligent performance of his or her duties. We can’t make saints out of our customers.

In the end our Service is provided without warranty or any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing we make no warranty that:

  1. The Service will meet your specific requirements.
  2. The Service will be uninterrupted, timely, secure and error-free.
  3. The Service will make you smarter, sexier, or in any way more appealing.
  4. The results that may be obtained from he use of the Serivce will be effective, accurate or reliable.
  5. The quality of the Service or materials purchased or used by you will meet your expectations or be free from mistakes, errors, omissions, incorrect interpretations, defects, even though we make a serious effort to provide highly accurate data.
  6. Any errors or defects in the service will be corrected

And while we are attempting to provide compliance with federal, state and local laws and the Nationall Association of REALTORS™ Code of Ethics and Standards of Practice or other Codes of Ethics used in a particular market that pertain to a real estate transaction, we cannot guarantee that we have covered every law, code and regulation that exists and that applies to the transaction. We are trying, but we cannot guarantee it. Our Service could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and Services including the prices and descriptions of any software or products listed, at any time without notice. Our Services materials may be out of date and we can make no commitment to update such materials or services. But we do ask you to help us and engage in interactive conversation with us. If you see something, say something. We want to get better and become the best. So help us?

The use of our Service materials or downloading of any materials through our Service is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. And if we figure out a way to wipe our your computer just by using our Service, well that would be impressive. Just kidding.

Some states and jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

And every state’s laws are different for the real estate brokerage industry with California particularly complicated with over 800 pages of state licensing law and almost 200 possible forms to use. Because no one could imagine how complicated it is to try to simplify the 50 different sets of laws that govern the same activity,we occasionally are going to miss something. But we can say this: you will get more information and more guidance (far more) with Quigler that without it. Fair enough?

Membership Fees and Renewals

See the website for current membership fees. And agent’s membership will renew automatically at the end of the monthly or yearly billing cycle that coincides with the end of the initial membership period. That just keeps things simple. Note that we are going to try to give you notice of your pending renewal well in advance and when we renew your membership you’ll get a payment confirmation.

Cancellation and Termination

You are solely responsible for properly cancelling your account. You can cancel at any time by sending us an email at Support@Quigler.com. Seriously, it is pretty easy to do. If you cancal your account before the end of your current paid up term, your termination will take effect immediately and you not be charged again. Your account will remain active until the end of the billing cycle. But you won’t be entitled to a refund. Sorry.

Ownership of the Site and Related Materials

All pages within this site and any material made available for download are the property of Quigler, or its licensors or suppliers, as applicable. The site is protected by United States and international copyright and trademark laws, by pending patent application(s) and by these Terms of Use. The trademarks Quigler and the Q logo, and the slogan “Automating Excellence™” ‘Your GPS for the real estate transaction™” are trademarks of Quigler, Inc.

Databases utilized by Quigler contain collections of information which are protected by copyright law and may not be accessed, exported, changed, disclosed, communicated, polled, copied, published or otherwise used outside the context of the use of Quigler functionality as directed and instructed by Quigler in Quigler’s graphic user website and application interfaces, and only by a human operating those graphic user interfaces in connection with a retail real estate agent’s business and with respect to and in accordance with an actual currently existing representation of a client buying or selling real estate property.

Electronic Communications

When you use any Quigler Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Hey, it’s better than using carrier pigeons.

Site Access, Security and Restrictions; Passwords

If you create a subscriber account for the Quigler Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Quigler. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password or a Partner Code (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Quigler. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Quigler at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access, or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use, (d) for a purpose other than the normal operation of the site, or (e) to download data stored on the Site, or (f) in violation of applicable law. If you are under 18, you may use the Quigler Services only with involvement of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Quigler will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

No Legal or Real Estate Advice or Services

THE CONTENT OF THE SITE AND THE SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL REAL ESTATE OR LEGAL ADVICE, SERVICES, OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED REAL ESTATE PROFESSIONAL FOR REAL ESTATE ADVICE, GUIDANCE AND SERVICES. YOU SHOULD ALWAYS SEEK THE ADVICE OF AN ATTORNEY FOR ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING COMPLIANCE WITH LEGAL REQUIREMENTS RELATING TO REAL ESTATE AND OTHER LEGAL QUESTIONS. YOUR ATTORNEY CAN ASSIST YOU IN IDENTIFYING MATTERS NEEDING LEGAL ATTENTION AND ASSIST YOU RELATING TO THE SAME. ALL INFORMATION PROVIDED BY QUIGLER OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY QUIGLER, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH YOUR REAL ESTATE AGENT IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY QUIGLER, ITS CONTENT PROVIDERS, REAL ESTATE OR LEGAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE QUIGLER FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH REAL ESTATE AGENTS, QUIGLER DOES NOT PROVIDE REAL ESTATE SERVICES AND THE PROFESSIONAL RELATIONSHIP IS BETWEEN YOU AND THE REAL ESTATE AGENT YOU SELECT. ALL REAL ESTATE AGENTS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH QUIGLER.

And it is every real estate agent and broker’s responsibility to know the federal law and state law they are bound to follow and the Code to which they have subscribed. Quigler tries to make this easier to do, but in the end, this is the real estate industry’s responsibility.

Similarly, every consumer as a citizen is bound and liable for following federal and state laws pertaining to the real estate transaction. We know these are difficult and, again, Quigler is trying to make it easier, but in the end, for thousands of years citizens have been responsible for knowing and following the law and while we hope to make that easier, it is still the consumer’s responsibility. Some things don’t change and a consumers responsibility to know and follow the laws of their country and state and municipality hasn’t changed since Hammurabi.

License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Quigler or its content agents grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal use of the Quigler Services, provided the same is not competitive with Quigler. This license does not include a) any resale or commercial use of any Quigler Service, or its contents; b) any collection and use of any service listings, descriptions, or prices; c) any derivative use of any Quigler Service or its contents; d) any downloading, copying, or other use of information for the benefit of any third party; or d) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Quigler or its licensors, suppliers, publishers, rights holders, or other content agents. No Quigler Service, nor any part of any Quigler Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Quigler. You may not frame or utilize framing techniques, link or inline for any purpose, including, without limitation, to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Quigler without express written consent. You may not use any meta tags or any other “hidden text” utilizing Quigler’s name or trademarks without the express written consent of Quigler. You may not misuse the Quigler Services. You may use the Quigler Services only as permitted by law. The licenses granted by Quigler terminate if you do not comply with these Terms of Use.

The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site including the wording of the Steps and specific Actions (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Quigler. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other content or information (including; images, text, page layout, or form) of Quigler without our express written consent.

More about Accuracy and Integrity of Information

Although Quigler attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Quigler so that it can be corrected immediately. Additionally, Quigler shall have no responsibility or liability for information or Content posted to the Site from any non-Quigler affiliated third party.

Links to Other Sites

Quigler makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Quigler site, please understand that it is independent from Quigler, and that Quigler has no control over the Content on that website. In addition, a link to a non-Quigler website does not mean that Quigler endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

User Information

If you submit, upload, post or transmit any information, sales history, real estate comps, problems, property conditions, personal information, property characteristics, property expenses, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or to or via our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Quigler and its real estate professionals and other users that you have the legal right and authorization to provide all User Information to Quigler and its real estate professionals and other users for use as set forth herein and required by Quigler and the real estate professional and other user.

Quigler respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to Quigler’s Designated Copyright Agent, at the address given below:

services@Quigler.com.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

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Deliver this Notice, with all items completed, to legal@Quigler.com.

Additional Disclaimer of Warranties

QUIGLER DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. QUIGLER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. QUIGLER DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Limitation of Liability Regarding Use of Site

QUIGLER AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF QUIGLER TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1000 (ONE THOUSAND DOLLARS).

Dispute Resolution.

Quigler will try to work in good faith to resolve any issue you have with the Site or Services, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other Quigler site will be governed by the laws of the State of Connecticut, without regard to its conflicts of laws rules (we’re the tiny state next door to New York). You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other Quigler site, shall be exclusively in the state and/or federal courts of the State of Connecticut located in Fairfield County, and you consent to the personal jurisdiction of those courts over you with respect to claims or controversies arising out of this Agreement.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Indemnity

You agree to defend, indemnify and hold Quigler harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Quigler arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, Quigler shall only exercise its rights in this Section after first addressing applicable claims with an authorized representative of your employer should you be accessing the Site or Services through your employer in order to determine whether the claims can be resolved beforehand without such recourse.

Right to Modify Revisions; General

Quigler reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. Quigler uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Quigler has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Quigler only and does not cover the use of cookies by any third-party. Quigler reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be interpreted to be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

These Terms of Use constitute the entire agreement between Quigler and you pertaining to the subject matter hereof. In its sole discretion, Quigler may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Need assistance? Support@Quigler.com

Privacy Policy, Terms of Use, Disclaimers, Notice of Non-Discrimination

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