This agreement is entered into by and between Select Group Realty and the Owner of the property, as noted on the MLS Data Input Information Page ("the Seller") and the Exclusive Right to Sell Listing Agreement, which is hereby incorporated into this agreement by this reference.
1. SERVICES.
Salty Marketing at Select Group Realty agrees to advertise the Sellers Property on the Wasatch Front Regional Multiple Listing Service (MLS), and provide additional listing services, as stated herein.
Salty Marketing will handle all scheduling of showings (With seller's consent) and facilitate and deliver contracts/paperwork etc.
3. AGENT ASSISTANCE.
A licensed agent will review and provide an opinion of any purchase offer submitted to the Seller. The agent will also facilitate said offer, and assist in preparing and delivering counter-offers. At the time of Settlement (closing) the agent agrees to review the HUD1 closing statement for accuracy. In accordance with Utah law, the Seller may elect to be independent of any such assistance described in this section. If the Seller fails to provide notice or copies of any offers to the Company, or fails to notify the Company of time and place of settlement, the Company shall not be required to perform any of the aforementioned duties.
4. AGENCY RELATIONSHIP.
The Seller designates Blair Allen & Select Group Realty as agent for the Seller to assist the Seller as noted in section 3 above. The Seller authorizes the Broker to appoint any additional agents in the Company to assist with any additional duties outlined in this Agreement. As agents for the Seller, they have fiduciary duties to the Seller that include loyalty, full disclosure, confidentiality, and reasonable care.
5. SELLER OBLIGATIONS.
a) The Seller assumes full responsibility for the accuracy of the MLS advertisement.
b) The Seller agrees to keep the Company informed of any changes regarding the selling status of the Seller's property. The Seller shall update the Company within 48 hours of any status change, allowing the Company to update the MLS in a timely manner. A status change is defined as; accepting an offer on the property and closing the sale or taking the home off the market. Salty Marketing may request the Seller to update the status of the property periodically. The Seller agrees to provide the Company with confirmation of ACTIVE, UNDER CONTRACT, or SOLD status within 48 hours of any status update request made by the Company. All status update requests and confirmations shall be made via phone, or by email.
6. ATTACHMENT.
The MLS Data Input Form is hereby incorporated into this Agreement by this reference.
7. BUYER’S BROKER COMMISSION.
As per the Wasatch Front MLS requirement, the Seller agrees to offer and pay a buyer-broker commission (specified on the MLS Data Input Form) to any agent who brings a ready, willing and able buyer who places an offer that is accepted and closes under the Seller's agreed upon price and terms. This buyer-broker commission is due and payable from the Seller's proceeds at closing. Salty Marketing reserves the right to dictate the offered commission rate to the buyers agent (generally between 2.5 - 3.5%)
8. SIGNAGE.
The Wasatch Front MLS prohibits the use of non-brokerage signs on any listed property. The Seller agrees to use a Salty Marketing or Select Group Realty brokerage sign or no sign at all on the property. The Company provides a sign.
9. SOLD INFORMATION DISCLOSURE.
Upon finalizing the sale and closing, the Company is authorized to disclose the final terms and sales price of the property to the MLS (Required by MLS).
10. RIGHT TO CANCEL.
The Seller may cancel this agreement at any time for any reason with a minimum of 48 hours written notice. Written notice may be submitted by email or fax. If prior to cancellation, a Purchase Offer is submitted to the Seller and that offer is eventually accepted, the terms set forth in section 7 of this agreement shall apply after cancellation. This agreement may not be cancelled if there is a contract to sell the property.
11. EQUAL HOUSING OPPORTUNITY.
The Seller and the Company shall comply with Federal, State, and local fair housing laws.
12. SELLER’S ESTABLISHED RIGHT TO SELL.
The Seller guarantees that they are the legal owner and hold marketable title and right to sell the property.
13. LIMITATION OF LIABILITY.
In the event that a dispute arises between the Seller and the Company or the Seller and the Buyer or Buyer's Broker, regarding any acts or omissions, negligence or other liability on the part of the Seller or the Company, the Seller agrees to hold the Company, it's officers, agents and broker harmless from said liability. Should any Court, Mediator, or Tribunal of Alternative dispute resolution (ADR) find the Company, it's officers, agents and broker liable or negligent, the Seller hereby expressly agrees to limit the Company, it's officers, agents and broker's liability to an equal amount to the fixed listing fee as liquidated damages with respect to any and all such liability
14. SETTLEMENT & CLOSING
Once an offer has been accepted on your property, section 7 of the Utah Real Estate Purchase Contract specifies that the seller shall deliver to the buyer a preliminary title report (PR). This is a required selling document in Utah. As a benefit to our clients, if you have NOT chosen a Title Company, we will order your title report through KEYSTONE TITLE (title insurance agency) and have it delivered to the buyer's agent. If you choose your own Title Company, you are responsible for ordering your own Title Report.
15. REFUND POLICY
Standard payments will not be refunded once they have been processed.
16. COMMISSIONS
Commissions may vary on a case-by-case basis. Seller understands that commissions are negotiable and agree to the amount set forth in the Exclusive Right To Sell Listing Agreement and Agency Disclosure document.
MLS Policies:
The Undersigned is the owner of the real property described in this Listing Input Form (“Owner”) and hereby acknowledges receipt of completed copies of this document, and the Exclusive Right to Sell Listing Agreement. Owner acknowledges that Wasatch Front Regional Multiple Listing Service, Inc. (“WFRMLS”) maintains a multiple listing service database for brokers and agents, and others (the “MLS Database”), and a database of listings which is available to the public (the “IDX Database”). Owner consents to WFRMLS including all of the information included in this Listing Input Form (the “Listing”) in the MLS Database and the IDX Database, and any
modifications of the MLS Database and IDX Database, the licensing of the MLS Database and IDX Database to any third party, disclosure and public display of the Listing, and any other lawful use of the Listing by WFRMLS. Owner hereby irrevocably assigns and transfers to WFRMLS all right, title, and interest in and to any copyright rights and other intellectual property rights, and any actions and causes of action related to the foregoing, and any damages, profits and other recoveries related thereto, which Owner may have or acquire in and to the Listing and any and all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to the property that are associated with the Listing and any changes thereto (“Listing Content”).
Owner represents and warrants to WFRMLS that the information contained herein is correct and that the Listing, Listing Content, and the assignment of rights to WFRMLS set forth above does not violate or infringe upon the rights, including any intellectual property rights, of any person or entity. Owner agrees to indemnify and hold harmless WFRMLS against all damages, costs and liabilities, including reasonable attorney fees, arising from any claim that the Listing, Listing Content, or any portion thereof infringes the rights of any third party
17.1 These terms and conditions shall govern your use of our website:
17.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
17.3 [You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.]
17.4 [Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies.]
18. Copyright notice
18.1 Copyright (c) [2010-Present] [Salty Marketing].
18.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
19. Licence to use website
19.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website;
subject to the other provisions of these terms and conditions.
19.2 Except as expressly permitted by Section 19.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
19.3 [You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]
19.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
19.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
19.6 [Notwithstanding Section 19.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].]
19.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
20. Acceptable use
20.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) [access or otherwise interact with our website using any robot, spider or other automated means;]
(f) [violate the directives set out in the robots.txt file for our website; or]
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
20.2 [You must not use data collected from our website to contact individuals, companies or other persons or entities.]
20.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
21. Your content: licence
21.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
21.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website].
21.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
21.4 [You grant to us the right to bring an action for infringement of the rights licensed under Section 21.2.]
21.5 [You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.]
21.6 [You may edit your content to the extent permitted using the editing functionality made available on our website.]
21.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
21. Your content: rules
21.1 You warrant and represent that your content will comply with these terms and conditions.
22.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
22.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) [depict violence[, in an explicit, graphic or gratuitous manner];]
(m) [be pornographic[, lewd, suggestive or sexually explicit];]
(n) [be untrue, false, inaccurate or misleading;]
(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]
(p) [constitute spam;]
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]
(r) [cause annoyance, inconvenience or needless anxiety to any person.]
23. Limited warranties
23.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
23.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
23.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
24. Limitations and exclusions of liability
24.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
24.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
24.3 [To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.]
24.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
24.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
24.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
24.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
24.8 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]
25. Breaches of these terms and conditions
25.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
25.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
26. Variation
26.1 We may revise these terms and conditions from time to time.
26.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
26.3 [If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.]
27. Assignment
27.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
27.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
28. Severability
28.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
28.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
29. Third party rights
29.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
29.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
30. Entire agreement
30.1 Subject to Section 12.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
31. Law and jurisdiction
31.1 These terms and conditions shall be governed by and construed in accordance with [Utah law].
31.2 Any disputes relating to these terms and conditions shall be subject to the [non-exclusive] jurisdiction of the courts of [Utah].
32. Statutory and regulatory disclosures
32.1 [We are registered with [Real Estate License State of Utah].
32.2 [We subscribe to [Realtor Code of Ethics], which can be consulted electronically at [http://www.realtor.org/topics/code-of-ethics].]
33. Our details
33.1 This website is owned and operated by [SALTY MARKETING LLC].
33.2 [We are registered in [Utah] and our registered office is at [1987 Rua Branco Circle, Sandy UT 84093].]
33.3 Our principal place of business is at [435 W 400 S Suite 300 Salt Lake City UT 84101].
33.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [info@saltymarketing.com] or by telephone on [801.930.0122].
1. SERVICES.
Salty Marketing at Select Group Realty agrees to advertise the Sellers Property on the Wasatch Front Regional Multiple Listing Service (MLS), and provide additional listing services, as stated herein.
- Listing on Realtor's MLS with maximum allowed photos
- Realtor.com & other website syndication.
- Handle the scheduling of showings for the Seller (Seller designates this process and can respond to showings via text message, email or by phone)
- Deliver Weekly showing report and feedback report.
- Seller may submit listing changes anytime.
- Handle all inquiries from potential buyers and Real Estate Agents pertaining to the property
- Provide to Seller completed real estate forms and State required disclosures..
- Open house advertising on MLS per seller’s request.
- Marketing, Pricing and General advice.
- Review of all offers & contracts.
- Review of closing documents (HUD1).
Salty Marketing will handle all scheduling of showings (With seller's consent) and facilitate and deliver contracts/paperwork etc.
3. AGENT ASSISTANCE.
A licensed agent will review and provide an opinion of any purchase offer submitted to the Seller. The agent will also facilitate said offer, and assist in preparing and delivering counter-offers. At the time of Settlement (closing) the agent agrees to review the HUD1 closing statement for accuracy. In accordance with Utah law, the Seller may elect to be independent of any such assistance described in this section. If the Seller fails to provide notice or copies of any offers to the Company, or fails to notify the Company of time and place of settlement, the Company shall not be required to perform any of the aforementioned duties.
4. AGENCY RELATIONSHIP.
The Seller designates Blair Allen & Select Group Realty as agent for the Seller to assist the Seller as noted in section 3 above. The Seller authorizes the Broker to appoint any additional agents in the Company to assist with any additional duties outlined in this Agreement. As agents for the Seller, they have fiduciary duties to the Seller that include loyalty, full disclosure, confidentiality, and reasonable care.
5. SELLER OBLIGATIONS.
a) The Seller assumes full responsibility for the accuracy of the MLS advertisement.
b) The Seller agrees to keep the Company informed of any changes regarding the selling status of the Seller's property. The Seller shall update the Company within 48 hours of any status change, allowing the Company to update the MLS in a timely manner. A status change is defined as; accepting an offer on the property and closing the sale or taking the home off the market. Salty Marketing may request the Seller to update the status of the property periodically. The Seller agrees to provide the Company with confirmation of ACTIVE, UNDER CONTRACT, or SOLD status within 48 hours of any status update request made by the Company. All status update requests and confirmations shall be made via phone, or by email.
6. ATTACHMENT.
The MLS Data Input Form is hereby incorporated into this Agreement by this reference.
7. BUYER’S BROKER COMMISSION.
As per the Wasatch Front MLS requirement, the Seller agrees to offer and pay a buyer-broker commission (specified on the MLS Data Input Form) to any agent who brings a ready, willing and able buyer who places an offer that is accepted and closes under the Seller's agreed upon price and terms. This buyer-broker commission is due and payable from the Seller's proceeds at closing. Salty Marketing reserves the right to dictate the offered commission rate to the buyers agent (generally between 2.5 - 3.5%)
8. SIGNAGE.
The Wasatch Front MLS prohibits the use of non-brokerage signs on any listed property. The Seller agrees to use a Salty Marketing or Select Group Realty brokerage sign or no sign at all on the property. The Company provides a sign.
9. SOLD INFORMATION DISCLOSURE.
Upon finalizing the sale and closing, the Company is authorized to disclose the final terms and sales price of the property to the MLS (Required by MLS).
10. RIGHT TO CANCEL.
The Seller may cancel this agreement at any time for any reason with a minimum of 48 hours written notice. Written notice may be submitted by email or fax. If prior to cancellation, a Purchase Offer is submitted to the Seller and that offer is eventually accepted, the terms set forth in section 7 of this agreement shall apply after cancellation. This agreement may not be cancelled if there is a contract to sell the property.
11. EQUAL HOUSING OPPORTUNITY.
The Seller and the Company shall comply with Federal, State, and local fair housing laws.
12. SELLER’S ESTABLISHED RIGHT TO SELL.
The Seller guarantees that they are the legal owner and hold marketable title and right to sell the property.
13. LIMITATION OF LIABILITY.
In the event that a dispute arises between the Seller and the Company or the Seller and the Buyer or Buyer's Broker, regarding any acts or omissions, negligence or other liability on the part of the Seller or the Company, the Seller agrees to hold the Company, it's officers, agents and broker harmless from said liability. Should any Court, Mediator, or Tribunal of Alternative dispute resolution (ADR) find the Company, it's officers, agents and broker liable or negligent, the Seller hereby expressly agrees to limit the Company, it's officers, agents and broker's liability to an equal amount to the fixed listing fee as liquidated damages with respect to any and all such liability
14. SETTLEMENT & CLOSING
Once an offer has been accepted on your property, section 7 of the Utah Real Estate Purchase Contract specifies that the seller shall deliver to the buyer a preliminary title report (PR). This is a required selling document in Utah. As a benefit to our clients, if you have NOT chosen a Title Company, we will order your title report through KEYSTONE TITLE (title insurance agency) and have it delivered to the buyer's agent. If you choose your own Title Company, you are responsible for ordering your own Title Report.
15. REFUND POLICY
Standard payments will not be refunded once they have been processed.
16. COMMISSIONS
Commissions may vary on a case-by-case basis. Seller understands that commissions are negotiable and agree to the amount set forth in the Exclusive Right To Sell Listing Agreement and Agency Disclosure document.
MLS Policies:
The Undersigned is the owner of the real property described in this Listing Input Form (“Owner”) and hereby acknowledges receipt of completed copies of this document, and the Exclusive Right to Sell Listing Agreement. Owner acknowledges that Wasatch Front Regional Multiple Listing Service, Inc. (“WFRMLS”) maintains a multiple listing service database for brokers and agents, and others (the “MLS Database”), and a database of listings which is available to the public (the “IDX Database”). Owner consents to WFRMLS including all of the information included in this Listing Input Form (the “Listing”) in the MLS Database and the IDX Database, and any
modifications of the MLS Database and IDX Database, the licensing of the MLS Database and IDX Database to any third party, disclosure and public display of the Listing, and any other lawful use of the Listing by WFRMLS. Owner hereby irrevocably assigns and transfers to WFRMLS all right, title, and interest in and to any copyright rights and other intellectual property rights, and any actions and causes of action related to the foregoing, and any damages, profits and other recoveries related thereto, which Owner may have or acquire in and to the Listing and any and all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to the property that are associated with the Listing and any changes thereto (“Listing Content”).
Owner represents and warrants to WFRMLS that the information contained herein is correct and that the Listing, Listing Content, and the assignment of rights to WFRMLS set forth above does not violate or infringe upon the rights, including any intellectual property rights, of any person or entity. Owner agrees to indemnify and hold harmless WFRMLS against all damages, costs and liabilities, including reasonable attorney fees, arising from any claim that the Listing, Listing Content, or any portion thereof infringes the rights of any third party
17.1 These terms and conditions shall govern your use of our website:
17.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
17.3 [You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.]
17.4 [Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies.]
18. Copyright notice
18.1 Copyright (c) [2010-Present] [Salty Marketing].
18.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
19. Licence to use website
19.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website;
subject to the other provisions of these terms and conditions.
19.2 Except as expressly permitted by Section 19.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
19.3 [You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.]
19.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
19.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
19.6 [Notwithstanding Section 19.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].]
19.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
20. Acceptable use
20.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) [access or otherwise interact with our website using any robot, spider or other automated means;]
(f) [violate the directives set out in the robots.txt file for our website; or]
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]
20.2 [You must not use data collected from our website to contact individuals, companies or other persons or entities.]
20.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
21. Your content: licence
21.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
21.2 You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website].
21.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
21.4 [You grant to us the right to bring an action for infringement of the rights licensed under Section 21.2.]
21.5 [You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.]
21.6 [You may edit your content to the extent permitted using the editing functionality made available on our website.]
21.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
21. Your content: rules
21.1 You warrant and represent that your content will comply with these terms and conditions.
22.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
22.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) [depict violence[, in an explicit, graphic or gratuitous manner];]
(m) [be pornographic[, lewd, suggestive or sexually explicit];]
(n) [be untrue, false, inaccurate or misleading;]
(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;]
(p) [constitute spam;]
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or]
(r) [cause annoyance, inconvenience or needless anxiety to any person.]
23. Limited warranties
23.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
23.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
23.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
24. Limitations and exclusions of liability
24.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
24.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
24.3 [To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.]
24.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
24.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
24.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
24.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
24.8 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]
25. Breaches of these terms and conditions
25.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
25.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
26. Variation
26.1 We may revise these terms and conditions from time to time.
26.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
26.3 [If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.]
27. Assignment
27.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
27.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
28. Severability
28.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
28.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
29. Third party rights
29.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
29.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
30. Entire agreement
30.1 Subject to Section 12.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
31. Law and jurisdiction
31.1 These terms and conditions shall be governed by and construed in accordance with [Utah law].
31.2 Any disputes relating to these terms and conditions shall be subject to the [non-exclusive] jurisdiction of the courts of [Utah].
32. Statutory and regulatory disclosures
32.1 [We are registered with [Real Estate License State of Utah].
32.2 [We subscribe to [Realtor Code of Ethics], which can be consulted electronically at [http://www.realtor.org/topics/code-of-ethics].]
33. Our details
33.1 This website is owned and operated by [SALTY MARKETING LLC].
33.2 [We are registered in [Utah] and our registered office is at [1987 Rua Branco Circle, Sandy UT 84093].]
33.3 Our principal place of business is at [435 W 400 S Suite 300 Salt Lake City UT 84101].
33.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [info@saltymarketing.com] or by telephone on [801.930.0122].
