Clickscape: Real Agents, Real Results, Real Savings

By using Clickscape’s Web site, related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use (“Terms of Use”).

1. Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home for sale). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and © print, fax or e-mail it. You agree otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.
2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Clickscape, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the Good Neighbor Policy, the Clickscape Mortgage Marketplace Code of Conduct or any other policy or notice on the Services.Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites. Nonetheless, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users. Clickscape reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.NAVTEQ Restrictions.
   1. You may access the Services via Web browsing devices such as a personal computer, PDA, or Web-enabled phone, but you may not use the NAVTEQ map data with any products, systems, or applications which are installed or otherwise connected to or in communication with vehicles and which are capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or use the NAVTEQ map data with or for devices that contain a resident geographic database.
   2. If any map data provided by NAVTEQ is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, such data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these Terms of Use, and each copy of such delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:Notice of UseCONTRACTOR (MANUFACTURER/ SUPPLIER)NAME: NAVTEQCONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:222 Merchandise Mart Plaza, Suite 900Chicago, Illinois 60654These NAVTEQ data are commercial items as defined in FAR 2.101 and are subject to the Clickscape Terms of Use, under which this data was provided. ©2009 NAVTEQ All rights reserved.If the contracting officer, federal government agency, or any federal official refuses to use the legend provided herein, the contracting officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the NAVTEQ data.Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use.Calls. The Services may provide phone numbers that can connect you with third parties, such as real estate agents, mortgage brokers, and other service providers. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Clickscape or through a Calling Service, you consent to such recording and monitoring. Clickscape will treat recorded calls in accordance with its Privacy Policy.
3. Materials You Provide; Account Use; Privacy. For materials you post or otherwise provide to Clickscape or in connection with the Services (your “Submission”), you grant Clickscape an irrevocable, perpetual, worldwide license to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Clickscape will not pay you for your Submission. Clickscape may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Clickscape the rights in this paragraph and that the Submission complies with Section 2(a) above. You may not share your Clickscape user account with others. You are responsible for all actions taken via your account. Clickscape will treat your use of the Services in accordance with its Privacy Policy.
4. Advertising. Clickscapes business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Clickscape may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
5. Mortgage Services. These terms apply specifically to Clickscape Mortgage Marketplace:Clickscape Mortgage Marketplace. Clickscape allows you to provide anonymous information to banks, lenders, originators, loan brokers and their employees (collectively, the Lenders) to request quotes on terms for mortgage-backed loans. Lenders may elect to respond to your request with non-binding customized quotes of the terms they would offer to a borrower fitting your anonymous profile, as well as their contact information. These non-binding quotes are not intended to be Good Faith Estimates. If you choose to contact a Lender through Clickscape Mortgage Marketplace by filling out a contact request form on Clickscape.com, you authorize Clickscape to provide your name and contact information to the Lender you choose, along with your quote request. By submitting your name and contact information, your identity will no longer be anonymous and lenders may contact you directly. Any loan or other business conducted is between you and the Lender.The Role of Clickscape; Disclaimer. Clickscape is not a lender and does not make loans or credit decisions in connection with loans. Clickscape does not endorse or recommend the products of any particular Lender. Clickscape does not guarantee any specific loan terms and conditions offered to you by a Lender will be granted to you, or that you will be offered any type of loan by any Lender. Clickscape is not an agent of either you or any Lender. Clickscape is only providing an administrative service to you and participating Lenders. Clickscape assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services, including Clickscape Mortgage Marketplace, and any other information available there.Fees. The Clickscape Mortgage Marketplace is free to you. Lenders participate in this Service, receiving and responding to loan requests, for free. Clickscape does not participate in any loan, and does not receive any fee that depends on which particular Lender you choose to borrow from. However, Clickscape may charge Lenders a one-time fee to apply to join Clickscape Mortgage Marketplace, and Lenders may also purchase advertising from Clickscape.Participating Lenders. The Lenders participating on Clickscape are solely responsible for their services to you. You agree that Clickscape shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Clickscape Web site, the Loan Services, or the services offered by Lenders. Clickscape is not responsible for any errors or delays caused by you or any Lenders in the loan process. Clickscape reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from Clickscape Mortgage Marketplace. When an individual Lender applies for Clickscape Mortgage Marketplace, Clickscape uses commercially reasonable efforts to confirm the Lenders license (in the states claimed in the Lenders profile) and/or employment with a lending institution. However, you should confirm credentials yourself if you choose to contact the Lender.Privacy. Clickscape will not provide personally identifying information about you to any Lender without your consent. Clickscape may use such information to improve the relevance of advertising shown to you. Please consult the Privacy Policy for more information. Lender Terms. Lenders are further subject to the Clickscape Mortgage Marketplace Terms of Use
6. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Clickscape grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 10, and 11).
7. Linked Materials. The Services include links to third-party products, services and Web sites. Clickscape does not endorse, and takes no responsibility for such products, services, and Web sites.
8. Claims of Copyright Infringement. Clickscape respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Clickscape’s copyright agent in accordance with Title 17, United States Code, Section 512©(2), by providing the following information:Identification of the copyrighted work that you claim has been infringed;Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; andA signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.Notices of copyright infringement claims should be sent as follows:By mail:Clickscape, LLC, 950 East Paces Ferry Rd Suite 3300, Atlanta, GA 30326Attention: Copyright AgentBy e-mail: copyright@Clickscape.comIf you give notice of copyright infringement by text e-mail, Clickscape’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
9. Intellectual Property.The Services are the property of Clickscape, and subject to the intellectual property rights of Clickscape and its licensors. ©2006-2009 Clickscape.com. All rights reserved. Map data ©2006-2009 NAVTEQ. All rights reserved. ZIP+4 data ©2006-2009 United States Postal Service. Yahoo! User Interface Library ©2006-2009, Yahoo! Inc. and provided pursuant to the BSD license as set forth at http://developer.yahoo.com/yui/license.txt. Patents pending. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.
10. NO WARRANTY. Clickscape PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Clickscape AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Clickscape AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND © WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
11. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL Clickscape OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, © NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST Clickscape OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
12. Real Estate Licenses. Clickscape, Inc. is a licensed real estate broker in various states, but does not broker real estate transactions. Clickscape does not act as a real estate agent for you or any other user.
13. Changes; Discontinuance. Clickscape reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. Clickscape may suspend or discontinue the Services at any time to you and/or to others, without notice.
14. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Georgia for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
15. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Clickscape may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Clickscape’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Clickscape with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Clickscape with respect to the Services.