General Terms and Conditions
Membership privileges are granted by My Perfect Workplace to individuals exclusively and are granted specifically to the registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the My Perfect Workplace website without express written permission from My Perfect Workplace. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of My Perfect Workplace. My Perfect Workplace requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the My Perfect Workplace website. Members are not permitted to share their individual logon information with others. My Perfect Workplace has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the My Perfect Workplace website, or abuses their rights related to the My Perfect Workplace service.
My Perfect Workplace utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant My Perfect Workplace the permission to communicate with customers via email (as well as other communication channel such as phone or fax) for any purposes My Perfect Workplace determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. My Perfect Workplace will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will My Perfect Workplace have any liability for sending any email to its registered users/customers. By becoming a member of My Perfect Workplace, you acknowledge and agree that My Perfect Workplace and its corporate affiliates, may record telephone and other electronic communications it has with you for My Perfect Workplace's internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Use of Information
Customer agrees to treat all information obtained from the Service, including listings and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to My Perfect Workplace. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of My Perfect Workplace. My Perfect Workplace does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
Customer shall limit access to and use of active property listings, member directory, My Perfect Workplace Market Trend Reports, Property Facts, and Property Comps information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the My Perfect Workplace Service as part of any effort to compete with My Perfect Workplace, including without limitation using the My Perfect Workplace Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential My Perfect Workplace customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the My Perfect Workplace Service. Customer shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy My Perfect Workplace products, services or information; decompile, decode or reverse engineer My Perfect Workplace software; or use My Perfect Workplace products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. My Perfect Workplace is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Nature of Customer's Business
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the public My Perfect Workplace website, such Customer represents to My Perfect Workplace that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Unsolicited Commercial Email (Spam)
My Perfect Workplace prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the “Contact Us’ form to send content that would violate these Terms and Conditions. By using My Perfect Workplace, Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. My Perfect Workplace has the right to revoke the privileges of any customer or company that breaches these terms.
My Perfect Workplace reserves the right to terminate or suspend a Customer's membership at any time for violations of this Agreement or upon a good faith determination of a violation of this Agreement. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of My Perfect Workplace services, account inactivity or technical or security issues. Upon termination, My Perfect Workplace shall have no obligation to maintain or forward any content in your account. If Customer has a separate, written agreement with My Perfect Workplace that is designated to last more than one (1) calendar year, notwithstanding anything to the contrary in these Terms and Conditions, Customer may, on a one-time basis for no or any cause and without penalty and upon written notice to My Perfect Workplace, terminate such written agreement effective one year from the date My Perfect Workplace receives such written notice, provided that such one-time termination right shall expire on August 31, 2025 or upon Licensee's exercise of its termination right under this provision.
Ownership and License Grant
My Perfect Workplace retains all rights (including Intellectual Property Rights as defined below), title and interest in the My Perfect Workplace Website. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of My Perfect Workplace's technology or delete or alter author attributes or copyright notices. Customer shall use the My Perfect Workplace system solely for their own use and shall not allow others to use the My Perfect Workplace system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL MY PERFECT WORKPLACE BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF MY PERFECT WORKPLACE'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. My Perfect Workplace (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify My Perfect Workplace (and My Perfect Workplace's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE AND PROPERTY FACTS INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MY PERFECT WORKPLACE MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, PROPERTY FACTS INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND MY PERFECT WORKPLACE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. MY PERFECT WORKPLACE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO MY PERFECT WORKPLACE'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM MY PERFECT WORKPLACE'S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY FACTS INFORMATION IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MY PERFECT WORKPLACE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of My Perfect Workplace LLC
Customer agrees that My Perfect Workplace shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by My Perfect Workplace customers and partners. My Perfect Workplace shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. My Perfect Workplace shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. My Perfect Workplace reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on My Perfect Workplace's corporate website, located at MyPerfectWorkplace.com.
If you believe that your work has been copied onto My Perfect Workplace in a way that constitutes copyright infringement, please provide My Perfect Workplace's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying My Perfect Workplace that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on My Perfect Workplace, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for My Perfect Workplace's copyright agent:
750 E. Green St.,Suite 310, Pasadena, CA 91101
Attn: Legal Department
Phone: (888) 518-9168
Email: [email protected]
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the My Perfect Workplace website member registration form or otherwise purports to be a broker hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. My Perfect Workplace does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the My Perfect Workplace website.
Governing Law; Customer Right to Arbitrate
This Agreement, and the Deliverables provided by My Perfect Workplace, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Los Angeles County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should My Perfect Workplace file or threaten to file a judicial action against Customer alleging violation of My Perfect Workplace's intellectual property rights or violation of use provisions of this Agreement, Customer may elect to resolve My Perfect Workplace's claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Los Angeles County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of My Perfect Workplace's filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent My Perfect Workplace from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of My Perfect Workplace, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of My Perfect Workplace to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to the Managing Director at My Perfect Workplace.
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.