GENERAL PROVISIONS  

  The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the 321Gone web site (located at http://www.321gone.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and 321Gone ("321Gone" or the "Company"). You also agree to the 321Gone Listing Policy & Guidelines (the "Listing Policies").

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: 321Gone, 2833 Executive Park Drive, Suite 200,Weston, Fl  33331.  321Gone may update these terms and conditions at any time and without notice.  The most recent version of the terms and conditions is available on the 321Gone website. 

Listing Privileges
Listing privileges are granted by 321Gone 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 any of the Password Protected Areas of the 321Gone web site without express written permission from 321Gone. Listing 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 321Gone. 321Gone requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the 321Gone system. Customers are not permitted to share their individual logon information with others. 321Gone has the right to refuse service to any customer, individual, organization, or firm (and all customers 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 321Gone website, or abuses their rights related to the 321Gone service. 321 Gone listings are posted by licensed realtors. Any individual interested in listing their home on 321 Gone is required to contact their realtor.

321Gone utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant 321Gone the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes 321Gone determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. 321Gone will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will 321Gone have any liability for sending any email to its registered users/customers. 

Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to 321Gone unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on 321Gone’s website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the 321Gone website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the 321Gone website. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the 321Gone website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the 321Gone website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the 321Gone system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the 321Gone website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to 321Gone. Listings will automatically repost for a period of thirty (30) days after they expire. Listings will automatically repost until the listing property has been sold. It is the sole responsibility of the member to contact 321Gone to make notification once the listing has been sold and is no longer on the market.

Payment Terms
Customer agrees to pay for all products ordered through the 321Gone web site or via the 321Gone sales team using the payment method indicated, and provides 321Gone express authorization to charge said fees to the Customer's payment provider. Fees owed depend on the specific type and quantity of 321Gone products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, 321Gone may immediately cease to provide any and all Deliverables to the customer. The fees paid are non-refundable.