Terms of Use

Last Updated: May 8, 2018

Your use of this or any other website hosted by Catylist ("Website") is subject to all terms of these Terms of Use ("EULA") between you and Catylist Real Estate Software, Inc. ("Catylist").

1. EULA Terms.

The Website and certain of its features are available to you, the licensee, conditioned on your acceptance, without modification, of all terms and conditions of this EULA. If you, or any person acting for you, with your permission, or with a password you made available directly or indirectly to any person (collectively "you" or "your") accesses, uses, derives information from, or posts information to the Website, such constitutes your acceptance of all terms of this EULA.

This EULA (including all amendments posted on the Website) is the entire agreement relating to your use of the Website, and supersedes all prior, current, and future oral and written communications, proposals, and representations regarding the Website and the use of any feature thereof.

Catylist may change, from time to time, the Website. Catylist may elect to, but is not obligated to, introduce, or grant different grades of service, different degrees of access to information and/or analysis, or introduce new features in version 1.0 and future versions of the Website which may change functions, limit access to information and/or analysis, and introduce new or revised security restrictions at any time without prior notice, at Catylist's sole discretion, and without making any of the above available to you without liability to Catylist and its affiliates. You agree to bear all risks and hold Catylist and its affiliates harmless for any and all effects that any of the above changes may have on your ability to use the Website for any purpose. Catylist may limit, create different priorities for different users, update, and/or cancel some or all of the functions of the Website at any time, without prior notice. By continuing to use the Website after notice of any change is posted on the Website, you signify your consent to all such changes, including but not limited to all changes to this EULA.

If you do not accept all terms of this EULA you are not authorized to access or use, and must exit, the Website. By using the Website, you indicate that you accept this EULA and that you agree to be bound by it. Your breach of this EULA constitutes an immediate revocation of your authority to access or use the Website.

2. Membership.

Catylist may grant you limited access to the Website; however, certain portions of the Website may be available only if you open an account (your "Account") by completing a registration process requiring that you provide current, complete, and accurate information as prompted by the registration process on the Website, which you represent is accurate and complete in all respects and that you are over age eighteen (18), and paying any and all amounts due on or before their due dates. You are responsible for keeping your Account name and password confidential, and are responsible for any and all activities that occur under your Account. You agree to notify Catylist immediately of any unauthorized activity regarding your Account and any other misuse of the Website of which you are aware. You shall, and hereby do, release, waive and discharge Catylist from any liability or responsibility for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge.

3. Software License.

Catylist grants you a non-exclusive license to use only specified portions and functions the Website strictly in accordance with all terms of this EULA, which license Catylist may terminate at any time without notice if Catylist believes a violation of this EULA has occurred. You shall ensure that no third person uses your Account at any time, and that your Account is only used for your benefit.

4. Limitations of License.

CATYLIST AND ITS AFFILIATES AND SUPPLIERS MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE AVAILABILITY OR RELIABILITY OF THE WEBSITE OR THE INFORMATION YOU OR OTHER USERS PLACE ON THE WEBSITE. CATYLIST AND ITS AFFILIATES AND SUPPLIERS MAKE NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS OR IMPLIED) ABOUT THE SUITABILITY OF THE WEBSITE OR THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. THE WEBSITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CATYLIST, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES REGARDING THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. CATYLIST MAKES NO WARRANTY THAT: (i) THE WEBSITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (ii) THE WEBSITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE WEBSITE WILL MEET YOUR REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

IN NO EVENT SHALL CATYLIST, ITS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS, SPONSORS, SUPPLIERS AND THE EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR ANY INFORMATION THEREON, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANALYSIS, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT FOR, OR RESOLVE ANY SUPPORT ISSUES REGARDING, THE WEBSITE, EVEN IF CATYLIST, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ANY CASE CATYLIST'S ENTIRE LIABILITY UNDER ANY PROVISION OF THE EULA SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, OR WHICH HAS BEEN PAID ON YOUR BEHALF TO, CATYLIST DIRECTLY FOR ACCESS TO THE WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. No Unlawful Or Prohibited Use.

As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this EULA.

6. Links To Third-Party Sites.

The Website may contain hyperlinks to websites operated by parties other than Catylist. Such hyperlinks are provided for your reference only. Catylist does not control such websites and is not responsible for their contents. Catylist's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

7. Content.

8. Limitations on Use.

9. Support.

Catylist shall provide only online technical support in its reasonable discretion. That technical support shall not include any aspect of your computer's hardware, software, configurations, means of gaining access to the internet, ability to browse the internet, or ability to access any facet or portion of the Website.

10. Force Majeure.

The Website contains functionalities and services that allow sending, delivering or receiving information between users, which may be relayed or carried through Catylist, public, third parties' or other networks, systems, servers, websites or applications (e.g. telephone and cellular networks, email servers etc.) ("Third Parties' Network"). The Third Parties' Networks are not controlled by Catylist in any way and Catylist shall not be responsible for the performance, availability, functionality, quality or reliability of any of the Third Parties' Networks or the information sent, delivered, relayed, carried or received through the Third Parties' Networks. Notwithstanding anything herein, Catylist does not warrant or guarantee that the information sent, relayed, carried or delivered through these Third Parties' Networks will reach its destination or its correct address or recipient or that the details of the recipient or sender are correct or accurate. Catylist shall not be liable for, and excused from, any failure to deliver or perform, or for any delay in delivery or performance, due to causes beyond its reasonable control, after exercising its best commercially reasonable efforts to remedy any such failure or delay, including without limitation any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to Catylist or any facilities used by or for Catylist, failure of internet, hosting, telecommunications, or other services to Catylist or facilities used by or for Catylist, natural disasters, acts of God, or acts of terrorism or war.

11. Export Rules.

You agree that no portion of the Website, nor any information thereon, will be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA.

12. Governing Law & Attorney's Fees.

Catylist and you agree that this Agreement shall be interpreted under the laws of the State of Michigan without giving effect to the choice of laws principles thereof, and may not be superseded, amended or modified except by written agreement. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts in the Eastern District of Michigan, and the parties expressly consent to the exclusive jurisdiction of, and venue in, such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts. The parties hereby consent to service of process by overnight courier in addition to any method acceptable under the laws of the State of Michigan. This EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any suit, cause of action, or proceeding is brought to by Catylist to enforce, construe, or interpret this Agreement or any of its provisions, the prevailing party shall recover against any other party all of its attorneys' fees incurred in connection with such action or proceeding, including any appeal, or the preparation for any of them.

13. Severability.

If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the EULA shall continue in effect. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

14. Modification Of These Terms And Conditions.

Catylist reserves the right to change the terms, conditions, and notices under this EULA by posting any change on the Website. You agree to such changes if you continue to use the Website following any such changes.

15. General.

16. Copyright Infringement.

Pursuant to the Digital Millennium Copyright Act, notifications of claimed copyright infringement appearing on the Website must be sent to our Designated Agent:

The email address is solely for copyright infringement notifications. All other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse) will not receive a response.

To be effective, your notification of infringement must include the following:

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