Updated 12/5/2016

Buyside by BuyerMLS, LLC

PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”). BY AGREEING TO THESE TERMS OR PROVIDING US WITH YOUR CONTACT INFORMATION OR USING A PRODUCT, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THIS SITE, DO NOT SUBMIT ANY INFORMATION TO US, AND DO NOT USE ANY PRODUCTS.

1. ABOUT THESE TERMS.
1.1 Buyside provides Members of Organizations access to Buyside’s Products. Each Organization enters into a written Service Agreement with Buyside, and then the Organization specifies which Members will have access to which Products. Non-Members may visit Buyside’s website, and contact Buyside through Buyside’s website. As noted above, by contacting Buyside through the website, or using any Product, you agree to all of the Terms of Service. Buyside may provide an updated version of these Terms to you by posting it on the Buyside website or by sending a copy via email. If you choose not to be bound by any new or subsequent version of these Terms, please terminate your account with Buyside promptly thereafter, and the most recent version of these Terms prior to your terminating your account shall control.
1.2 Each Member acknowledges and agrees that the Service Agreement between the Member’s Organization and Buyside controls the Member’s rights and responsibilities, and that these Terms are in addition to the provisions of the Service Agreement. For any Member or the Member’s Organization, if there is any conflict or ambiguity between these Terms and the provisions of the Service Agreement signed by the Organization, the provisions of the Service Agreement will control.
1.3 The following terms have the following meanings.
“Administrator” means the person authorized by an Organization to act on behalf of the Organization.
“Buyside” or “we” or “us” or “our” means BuyerMLS, LLC.
“Content” means information and data in any and all formats, including text, links, photographs and graphics.
“Member” means each person that has access to Buyside’s Products via a user name and a password, and who is granted privileges by an Organization’s Administrator.
“Non-Personal Information” is any information that we collect, store, process or share, that does not identify an individual person, even if the information is collected from a person.
“Organization” means the person or company or entity that contracts with Buyside for one or more Products.
“Personal Information” (also known as “personally-identifiable information”) is any information that we collect, store, process or share, and which identifies an individual person.
“Privacy Policy” means Buyside’s statement of data privacy practices.
“Product” means a good or service currently offered by Buyside to Organizations and their Members pursuant to these Terms and the Service Agreement signed by each Organization and Buyside.
“Property” means residential or commercial real estate.
“Schedule” means one more documents that may be updated by Buyside from time to time that states each Product offered by Buyside, the specifications for the Product, and the fees for the Product.
“Service Agreement” means the written contract between an Organization and Buyside.
“Terms” means these Terms of Service, plus any other documents currently made a part of the Service Agreement with Buyside, including the Privacy Policy and any Schedules.
“You” and “your” mean each Organization, Administrator, and Member.

2. PRODUCTS.
2.1 Each Organization appoints and authorizes one or more Administrators to access and use each Product on behalf of the Organization. Organization is responsible for the actions of each of its Administrators and Members.
2.2 Buyside currently provides different Products. Buyside reserves the right on prior written notice to Organization to modify the Products it provides.
2.3 Buyside reserves the right to terminate access to the Products for any person or entity that fails to comply with these Terms or any applicable Service Agreement, or is otherwise disruptive, in Buyside’s sole discretion. Buyside shall have no liability for any termination under this subsection.
2.4 Each Member must provide current, accurate and complete contact information requested by or for a Product. Each individual person that has access to any Products must be at least 18 years old.
2.5 The amount and type of Support provided by Buyside depends on the Products chosen by Organization.

3. ONLINE CONDUCT.
3.1 Each Organization, Administrator, and Member, agrees to be on their best behavior while interacting on and through each Product.
3.2 Prohibited conduct includes the following:
Misusing an account or login credentials, such as using another person’s credentials without permission or signing up as some other person.
Assuming the identity of another real person, or using a fake identity, or falsely claiming an affiliation with or representation of a company or an Organization.
Uploading or transmitting any Content that violates any applicable law, regulation or requirement, including any violation of copyright, trademark, trade secret, privacy, or other laws.
Communicating in a threatening, harassing, abusive, defamatory, hateful, obscene, or objectionable manner.
Uploading or transmitting any personally-identifiable information or other personal information of another person without the right or permission to do so.
Attempting to Interfere with or disrupt the operation of the Products, including by forging headers, uploading or transmitting any virus or other malware, attempting to modify or reverse engineer any Product, or exceeding authorized access to the Products.
Advertising or promoting any person, business or organization unrelated to or unaffiliated with the Organization or Buyside.
3.3 Buyside reserves the right to suspend or terminate any account at any time, with or without warning, for prohibited conduct or other bad behavior, all in Buyside’s sole discretion.

4. INTELLECTUAL PROPERTY RIGHTS.
4.1 Each Product, including where applicable its text, graphics, structure, sequence, organization, APIs, executable code and source code, and the ideas and expressions thereof which are contained therein, is acknowledged by you to be proprietary information and trade secrets of Buyside. Except as stated in these Terms or as authorized in an applicable Service Agreement, no one may in any manner or form disclose, provide, or otherwise make available, in whole or in part, any Product, documentation or any other proprietary information of Buyside to any other person. You agree to use at least the same degree of care in protecting the proprietary nature of such information and materials that you exercise in protecting your own trade secrets and proprietary information and materials, and in no event less than a reasonable standard of care.
4.2 You may not sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer any Product or any component thereof, or use any Product for any purpose or in any manner not expressly permitted by these Terms or the applicable Service Agreement.
4.3 Any distribution, copying, modification or transfer of any Product not expressly authorized by these Terms or the applicable Service Agreement is strictly forbidden. Any rights in any Product not expressly granted by Buyside are reserved by Buyside.

5. ALLEGATIONS OF COPYRIGHT INFRINGEMENT (DMCA).Buyside respects the intellectual property rights of others and requires that Organizations, Administrators, and Members, do the same. Any person who believes that any Content on any Product, or otherwise associated with the Products infringes that person’s copyright or the copyright of another person or organization may notify our agent designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, via postal mail, email or the Site. Each notice requesting the removal of Content must comply with the provisions of the DMCA (a “Takedown Notice” as defined in the DMCA). Upon receipt of a compliant takedown notice, we will respond and proceed in accordance with the DMCA. In addition, in accordance with the DMCA, we will notify the person or entity responsible for the allegedly-infringing material, and person or entity may request that we restore the material to public view (a “Counter Notice” as defined in the DMCA). Our contact information for a Takedown Notice or Counter Notice is BuyerMLS, LLC, Attn: DMCA, PO Box 1821, Southeastern, PA 19399, U.S.A. or by email to Copyright@GetBuyside.com .

6. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania, and the federal laws of the United States of America, as an agreement made therein, without reference to any conflicts of laws provisions or policies. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any dispute between the parties that cannot be amicably resolved shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. All hearings will be conducted, and all evidence will be entered, by audio conference and video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or tribunal of competent jurisdiction.

7. ENTIRE AGREEMENT. The parties hereto acknowledge that the Service Agreement (where applicable) and these Terms, including any Schedules, are the complete and exclusive statement of agreement respecting the subject matter hereto and supersede all prior understandings and other communications between the parties relating hereto. Except as expressly stated in these Terms, any additional or contradictory terms or conditions of any purchase order, accounting report or communication between the parties, or any other document, shall be of no effect unless signed in hard copy by both parties.

8. EFFECTIVE DATE. These Terms are effective as of December 1, 2016, and supersede any prior sets of Terms.

Privacy Policy

1. About this Privacy Policy.
This Privacy Policy is a statement by BuyerMLS, LLC, the operator of the Buyside service (“Buyside”) that describes how we collect, store, process, and share personal information in connection with our website and online services. Most of the information we collect we do so on behalf of our customers (each, an “Organization”), but this Privacy Policy does not address the privacy practices of any other person or entity, including any provider of data to us, or any user of our Products. Accordingly, for each entity, site and service other than Buyside, you should contact them regarding their privacy practices.

2. Definitions. The following terms have the following meanings.
“Administrator” means the person authorized by an Organization to make decisions on behalf of that Organization.
“Buyside” or “we” or “us” or “our” means BuyerMLS, LLC.
“Cookie” means a small digital file containing a string of characters that is stored on your computer when you visit a website.
“Member” means each person who obtains access to Buyside’s Products through an Organization.
“Non-Personal Information” is any information that we collect, store, process or share, that does not identify an individual person, even if the information is collected from a person.
“Organization” means the person, company or organization that has entered into a contract with Buyside for access to the Products.
“Personal Information” (also known as “personally-identifiable information”) is any information that we collect, store, process or share, and which identifies an individual person.
“Privacy Policy” means this statement of data privacy practices, as it may be updated and revised from time to time.
“Products” means any goods or services provided by Buyside.
“Site” means the Buyside website at www.GetBuyside.com.
“You” and “your” mean each Organization, Administrator, and Member.

3. Overview: How We Protect your Privacy
Buyside is an information service that combines data you provide with data from third parties and publically-available data. We can then report information back to you that helps you rent and sell properties.
All non-confidential information entered at Buyside is used by Buyside and its affiliates for the purpose of facilitating Buyside’s Site and Products, including the buyer management and listing process.
Email messages may be reviewed for compliance and security.
All buyer contact information is confidential and is never shared by us on the public site or to any subscribers of Buyside, rather it is only accessible by the agent listing that specific buyer (“Buyer Agent”), the Buyer Agent’s business associates, and anyone with whom the Buyer Agent chooses to share the buyer contact information.
Credit card information is never stored by Buyside. After a transaction is processed by Buyside, all credit card information is deleted from Buyside’s servers. Credit card information will be stored by credit card processing companies, banks and other financial institutions.
Buyside uses 128 bit data encryption and Secure Sockets Layer (SSL) to better protect online transactions.
Buyside data is protected by and complies with the Payment Card Industry (PCI) Data Security requirements of Visa, MasterCard, American Express & Discover, although we do not store credit card information.
We don’t share your Personal Information with third parties for marketing purposes, but we do share Non-Personal Information with third parties for marketing purposes.
Account information is password-protected. Please keep your password safe.
We are not responsible for, nor have any control over, the privacy policies of any third party websites, and encourage all users to read the privacy policies of each and every website visited.

4. Data We Collect
For each Organization, Administrator and Member, we collect Personal Information, including name, user name and password, and contact information such as email address and telephone number. Each of these different types of information is used to provide the Buyside Site and Products. Personal Information is also used to authenticate users, for service-related communications, and as an integral component of the Products. In some cases, contact information will be sent to third party syndication partners who have the ability to anonymize email addresses.
We sometimes collect email address for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, and other communications.
We sometimes collect your phone number for account authentication purposes, and may transmit it to a third party service for tele-robotic verification.
Buyside does not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology.
We may collect Personal Information if you provide it to us, or if you contact us directly. Please do not post any Personal Information in any correspondences or emails that you expect to keep private.
Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the Buyside Site, and to otherwise provide our service to you.
We allow third-party companies to collect certain Non-Personal Information and other anonymous information when you visit our Site. These companies may use Non-Personal Information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.

5. Data We Store
We store all buyer listings in our database. Even after “deletion” from our database, we continue to store buyer listings, and they may be archived elsewhere. Our web logs and other records are stored indefinitely.
Active Members can access and update their account information through the account homepage.
All user Organization, Administrator and Member contained within the Products remain the Organization’s property. We will continue to make that data available to the Organization as long as the Organization is a customer, and make that data available to the Organization upon the termination of its relationship with Buyside.
If at some point Buyside sells all or a portion of its assets, or merges with another entity, all Personal Information and other data are assets that may be transferred or acquired by a third party. We will use commercially reasonable efforts to notify all affected Organizations, Administrators and Members of any such transaction, and each will have the opportunity to retrieve their Personal Information and cease usage of the Site and Products. After such a transaction, the third party that becomes the custodian of the Personal Information would have the right to continue using the Personal Information solely as set forth in this Privacy Policy or any policy that may replace it where the new policy is instituted in accordance with the provisions of this Privacy Policy.

6. Spam
We do not tolerate spam. To report spam or spoof emails to Buyside, please forward the email to Spam@GetBuyside.com. You may not use our communication tools to send spam or otherwise send content that would violate our Terms of Service or Service Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools.

7. Share This
When you use the “Share This” link to bookmark and share our Products and Site, you will be taken to a third party site. Please note that the third party sites’ privacy policies (and not this Privacy Policy) govern the collection and use of the information collected on those sites.

8. Changes to this Privacy Policy.
We may update this Privacy Policy from time to time. Any changes that we make to this Privacy Policy will be effective thirty days after the sooner of providing a copy of the revised Privacy Policy or posting the revised version of this Privacy Policy. The date shown in this Privacy Policy indicates the date that we last revised this Privacy Policy. BY CONTINUING TO ACCESS OR USE THE BUYSIDE SITE OR PRODUCTS AFTER SUCH DATE, YOU WAIVE ANY OBJECTION TO THE REVISED VERSION OF THIS PRIVACY POLICY. If you cease using Buyside before the effective date of a particular revised version of this Privacy Policy, then you remain subject to the terms of the most recent version of this Privacy Policy in effect while you were using the Products. If we make any material changes to this Privacy Policy, we may provide a more prominent notice of our choosing. We encourage you to periodically review this Privacy Policy to be informed of how we are collecting, using, sharing and otherwise handling your Personal Information.

9. Your Opt-Out Rights
As an Organization, Administrator, or Member, you have the right to opt out of receiving marketing communications (whether through mail, telephone or email) from us or any of our affiliates or vendors regarding other products, services and promotions available from us. To opt out of all marketing emails, please click the link contained in any such emails sent by us or our affiliates or vendors. If you have difficulties opting out of such emails, or if you would like to opt out of receiving marketing communications through the mail or telephone, please contact us (see Contact Us section below). In your request (whether by mail, telephone or email), please specify the type of communication (mail, telephone or email) that you would like to stop receiving from us. We will take commercially reasonable measures to comply with your request within a commercially reasonable time.

10. Security of Your Personal Information.
The security of your Personal Information is important to us. We and the vendors that help us host and administer each Site and Product, and maintain the servers through which we provide each Site and the Products, take reasonable measures to secure your Personal Information from unauthorized alteration, access, use and disclosure. We follow generally-accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. When you enter Personal Information on the Site, we encrypt that information using secure socket layer technology (SSL).
We use a third party credit card processing company. We will only share with them (via SSL) your Personal Information that is needed to process your credit card payments, and they are prohibited from using your Personal Information for any other purpose.
No method of transmission over the Internet, or method of electronic storage, is completely secure. While we strive to use commercially-acceptable means to protect your Personal Information, we cannot guarantee its security.
If you are registered on the Site, your Personal Information is accessible through entry of your Member name (email address) and password on the Site. We recommend that you refrain from divulging your login identification or password to anyone. We will not ask you for your login identification or password during an unsolicited phone call or in an unsolicited email. Please keep in mind that whenever you disclose information online that information can be collected and used by others. Ultimately, you are responsible for maintaining the confidentiality of your login identification, password and other Personal Information.

11. Editing and Removing Your Information; Information Retention.
Subject to the written agreement between Buyside and the applicable Organization, and the provisions of this section, you may review and request modification and deletion of your Personal Information. If you are registered with us, you may do so by logging into your account on the Site or Product, and following the instructions provided on the screen.
We make requested changes and deletions to your Personal Information within a commercially reasonable time, but it may be impossible to remove your Personal Information completely, since it may remain in our backup files or logs. Please note that, if you request deletion of your Personal Information, you may be unable to utilize certain features of the Site and the Products.
Notwithstanding the above, we may preserve information about you, including your Personal Information, in response to a legal demand or request if we believe that the law requires us to do so. We may also preserve information about you, including your Personal Information, when we believe it is necessary to detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you, including your Personal Information, may be retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

12. Non-Personal Information.
When you access or use a Site or Product, we may collect Non-Personal Information from you, including (but not limited to) your Internet Protocol (IP) address, browser type, domain names, access times and referring website addresses. To gather Non-Personal Information, we may use common tracking tools such as cookies. We use cookies to help you personalize your online experience, to enable us to provide quality Products through each Site and to provide general statistics regarding use of each Site and Product.
The purpose of a cookie is to tell a web server that you have returned to a specific page. For example, if you register with a Site or a Product, a cookie copied to your local device helps us to recall your specific information on subsequent visits. When you return to the Site, the information you previously provided can be retrieved to enhance the Products that we provide to you. You may also get cookies and other tracking technologies from third parties with links on a Site or Product, as described in the Third Party Websites & Links section below. We do not control cookies and other tracking technologies employed by third parties.

13. Opt-out.
You have the ability to accept or decline cookies from each Site or Product. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of a Site or a Product.

14. Disclosure.
We may disclose aggregated Non-Personal Information that has been collected from you and others to our existing or potential vendors or other third parties, or in response to a government request or demand. We may also share Non-Personal Information, including aggregated and de-identified demographic data, with third parties to enable the provision of targeted information, promotions, offers and discounts on our Products.

15. Third Party Websites & Links.
We cannot control, and are not responsible for, any third party’s use of cookies, web beacons or other tracking technology that collect information about you or others. Advertising agencies, advertising networks, and other companies who place advertisements on websites, email messages and on the Internet may use this or other technology to collect information about you. We encourage you to review the privacy policies of websites you choose to link to from website links that we provide through the Site or the Products, so that you can understand how those websites collect, use and share your information. We are not responsible for privacy or security policies or practices of any third parties or their other websites.

16. Children’s Privacy.
The Site is not directed at children under 13 years of age, and we do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected any personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our systems. If you are a parent or legal guardian and think your child under 13 has personal information to us, please contact us (see Contact Us section) and we will delete it.

17. Visitors Residing Outside the United States.
The Sites and the Products are hosted and managed in the United States of America, and are subject to United States laws, which may be different than laws in other countries. If you reside outside the United States, then the privacy laws and regulations in your country may be more protective of your Personal Information than those of the United States. We make no representation or warranty that this Privacy Policy and/or our privacy or security practices comply with the laws of any country outside of the United States.

18. Contact Us.
We welcome your comments regarding this Privacy Policy and our privacy practices. If you have any questions or complaints about our privacy practices or this Privacy Policy, please contact us via email at Support@GetBuyside.com or first class mail sent to the following address:
BuyerMLS, LLC
PO Box 1821
Southeastern, PA 19399

We will use commercially reasonable efforts to answer any questions, promptly evaluate any complaints, determine if any violations have occurred and remedy any problems as appropriate.