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TERMS AND CONDITIONS OF USE

REGARDING

NEXTPRODIGY WEBSITE AND SERVICES

Description of Service. NextProdigy, Inc. ("NextProdigy") provides users with access to a collection of websites, resources, data, software, messages, phone applications, and tools ("Service"), including, without limitation, HomeProdigy.com, MobileProdigy.com., 4HP.com, and TeleProdigy.com. The Service that NextProdigy provides is subject to the following terms and conditions of use ("T&C"), which NextProdigy may modify by posting revised T&C on NextProdigy's website(s) from time to time without providing notification. Unless otherwise stated, any new features or enhancements to the current Service shall be subject to this agreement ("Agreement") in addition to any T&C applicable to a particular item of Service. You are responsible for regularly reviewing the T&C and all applicable changes thereto. Continued use of the Service after changes in the T&C are made will constitute your acceptance of such changes.

Binding Agreement. When you visit and use any site within NextProdigy's family of websites or when you register for a new NextProdigy account, you are agreeing to be bound by the T&C and representing that you are of legal age to enter into a binding contract. If you do not wish to be bound by this Agreement, please refrain from accessing or using any NextProdigy Service or NextProdigy website and from registering for any NextProdigy account.

DISCLAIMERS OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NEXTPRODIGY PROVIDES THE SERVICE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.

THE INFORMATION PROVIDED BY THE NEXTPRODIGY SERVICE IS DEEMED TO BE ACCURATE BUT NEXTPRODIGY CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW NEXTPRODIGY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; WARRANTIES REGARDING THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS, LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY, OR USEFULNESS OF INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE NEXTPRODIGY SERVICE OR THE NEXTPRODIGY WEBSITE(S) OR THE NEXTPRODIGY PHONE APPLICATIONS. NEXTPRODIGY DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION COMPRISING ALL OR A PART OF THE SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: NEXTPRODIGY AND NEXTPRODIGY'S SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INFORMATION PROVIDERS, LICENSORS AND OTHER REPRESENTATIVES, AND SUCH PARTIES' SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE AND/OR INTANGIBLE LOSSES (EVEN IF NEXTPRODIGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NextProdigy bears no responsibility for any damages arising from any failure of performance, failure to store, omission, interruption, deletion, defect, delay in operation or transmission, error in operation or transmission, computer virus, telecommunications line failure, theft, destruction, unauthorized access, alteration or use of records, breach of contract, tortious behavior, negligence or any other cause of action.

E X C L U S I O N S

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF NEXTPRODIGY AND NEXTPRODIGY'S SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INFORMATION PROVIDERS, LICENSORS AND OTHER REPRESENTATIVES, AND SUCH PARTIES' SUCCESSORS AND ASSIGNS, IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Privacy Policy. NextProdigy understands that privacy is important to you. Any information that NextProdigy collects about you is used or shared according to NextProdigy's Privacy Policy, which is incorporated into the T&C. A copy of NextProdigy's Privacy Policy can be found at http://www.homeprodigy.com/index.php?main_page=privacy

Disclosure. You agree that NextProdigy may disclose, monitor, edit, access and preserve your personal information and content if NextProdigy reasonably believes that NextProdigy must do so in order to comply with any applicable law, valid legal process or governmental request, in order to enforce the T&C and NextProdigy's Privacy Policy, or in order to protect the rights of NextProdigy employees, users or third parties. The personal information collected by NextProdigy may be stored and processed in the United States or any other country in which NextProdigy or NextProdigy's contractors/agents maintain facilities. By using the Service, you consent to any such transfer of information outside of the country in which you reside.

Third-Party Content. As consideration for using the Service, you understand that NextProdigy may display advertisements and provide links to third-party content and websites over which NextProdigy has no control. NextProdigy takes no responsibility for any content, advertising or products from third party service providers, including, without limitation, any content considered harmful, objectionable, inappropriate or offensive, and does not endorse or guarantee the availability of such third party services. You agree that NextProdigy shall not be liable for damage of any sort incurred as the result of your dealings with advertisers or your use of any third-party goods or services.

Your Conduct. When using the NextProdigy Service, you agree: (i) to maintain and update your account information to keep it complete and accurate; (ii) to maintain the confidentiality of your account password and notify NextProdigy of any unauthorized use of your password or account and of any other security breach; (iii) to use the Service for your sole, personal, private and noncommercial use only; (iv) NOT to impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with any party; and (v) NOT to upload, post, e-mail, transmit or otherwise make available ("Make Available") any content: (a) that you are not permitted to Make Available under any law, contractual duty or fiduciary relationship; (b) that infringes any patent, trademark, trade secret, copyright or other proprietary rights; or (c) that is unlawful, fraudulent, defamatory, harassing, offensive, indecent or inappropriate as reasonably determined by NextProdigy.

Payment for Services Requested. In the event you should request services that require payment, you agree to pay for those services in the manner specified from time to time.

Termination. NextProdigy reserves the right to restrict, disable, suspend or terminate your account and refuse any and all current or future use of the Service without prior notice and for any reason. NextProdigy also reserves the right, but bears no obligation, to monitor, screen and remove any content available via the Service.

Minimum Age Limit. You must be eighteen (18) years of age or older to use the Service, and you must have all necessary right, power and authority to enter into the T&C and to perform the acts required hereunder.

REAL ESTATE SERVICES

Real Estate Clients. You represent that you have not entered into any agreement which conflicts with the T&C, such as a written listing agreement or buyer broker agreement, with a real estate agent or agency other than: (i) a NextProdigy employee, agent or contractor; or (ii) with a broker or agent who has not authorized you to create a customer account on our site(s).  If you have questions regarding whether your broker or agent may object to you creating a customer account on our site(s), then please consult with your broker or agent.  If your broker or agent believes your NextProdigy Customer Account is in conflict their separate client agreement with you, , then please contact us promptly at This e-mail address is being protected from spambots. You need JavaScript enabled to view it so we may deactivate your account.  After the expiration of your agreement with your other agent, you may create another Customer Account if you wish.  Until then, you are welcome to use all of the website features that do not require a Customer Account.

Real Estate Data. As a NextProdigy customer, you may not copy or distribute any home data for any purpose other than the evaluation of properties for sale or purchase. You agree that all data obtained from the Service is intended only for your personal, noncommercial use. You represent that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Service. You will not copy, redistribute or retransmit any of the Multiple Listing Service ("MLS") Data or other information provided through the Service. You acknowledge the ownership of, and the validity of the copyright in and to the MLS Data provided by each MLS provider to the Service, as identified in the Service.

MLS Rules. As a NextProdigy customer, you acknowledge that MLS rules permit us to provide full customer access to MLS data only to people who are ready, willing and able potential buyers and/or sellers of the types of property presented by the Service, and who seek the assistance of NextProdigy in making their real estate marketing decision. By creating an account to use the Service you are requesting, and agreeing to accept, the assistance of NextProdigy, in its capacity as licensed real estate agent for this limited purpose, subject to all of the T&C. NextProdigy is allowing you to access the customer level of the Service for the express purpose of facilitating your decision–making process in the consideration of a purchase or sale of the property presented by the Service. This is not a binding exclusive relationship on either you or NextProdigy.

Real Estate Broker/Agent. If you are a real estate broker/agent, licensed and in good standing with the State of Texas, and are currently authorized to access the MLS service in one or more MLS service areas covered by the Service, you may create an account with NextProdigy to use the agent level of the Service for yourself and your employees who are also authorized to access the MLS, but only in those MLS service areas in which you are a member in good standing. You may also authorize, on an individual basis, use of the customer level of the Service for your clients, provided you agree that you will not authorize access to the customer level of the Service for anyone except clients with whom you have an existing exclusive listing or buyer's representation agreement for a property in a MLS service area in which you are a member. You acknowledge that it may be necessary for the agents, contractors, or employees of NextProdigy to contact your clients, regarding their use of the Service, and authorize such contact as may be required.

Customer Referrals.  When an agent elects to join the Customer Referral Network, then NextProdigy, Inc becomes the “Referring Agent” and the agent becomes the “Receiving Agent” in a Referral Agreement that covers any and all Customers that contact the Receiving Agent as a result of the actions taken by the Referring Agent.  In consideration for the Referring Agent referring a Customer to the Receiving Agent (the “Referral”), the Receiving Agent agrees to pay to the Referring Agent a Referral Fee in the amount, and on the terms, set forth in the Referral Agreement.  The Referral Agreement will be sent by email to the Receiving Agent when  the Receiving Agent elects to join or re-join the Customer Referral Network.  The Referral Fee is to be paid only when Receiving Agent is paid a commission arising from any sale or purchase by or to the identified Referred Customer.  Any agent has the right to un-join (opt out) of the Customer Referral Network at any time by deselecting the option to be included in the Customer Referral Network, after creating an account.   Referred Customers are covered by the Referral Agreement for 180 days after the Receiving Agent is first contacted by the Referring Agent via a Referral Notice, which can be delivered by email, phone, fax, or regular mail.  The Referral Agreement remains active for Referred Customers for 180 days even if the Receiving Agent un-joins (opts out) of the Customer Referral Network prior to the completion of the 180 days.

Financial and Mortgage Tools. The financial calculations are not an offer to lend. Interest rates are for demonstration purposes only, and actual market interest rates may vary.

Other Parties. You agree to refrain from contacting the owner or seller of any property using information obtained through the Service. Furthermore, you agree that NextProdigy's employees, agents or contractors may represent other prospective buyers or sellers of the same properties that meet your criteria.

NEXTPRODIGY PHONE APPLICATIONS

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the NextProdigy phone application portions of the Service ("MobileProdigy") are wholly owned by NextProdigy and/or its licensors and service providers except where expressly stated otherwise.

You understand and agree that you are not the owner of any Toll-Free telephone number or Local telephone number (Number) used to provide the MobileProdigy service or any of the websites affiliated with MobileProdigy. Ownership of any such Number is vested solely in NextProdigy which will assign such Numbers to you for your use during the term of this agreement. You understand and agree that following the termination of your MobileProdigy account for any reason, such Number may be re-assigned immediately to another customer, and you agree that NextProdigy will not be liable for damages including consequential or special damages arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if NextProdigy has been advised of the possibility of damages.

You agree that NextProdigy will not be liable for damages (including consequential or special damages) arising out of any change in the Number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if NextProdigy has been advised of the possibility of damages.

If prior to the expiration or termination of your MobileProdigy account, you request, in writing, the transfer of Ownership of the Number from MobileProdigy to you, MobileProdigy agrees to cooperate in the Number's release to the Local or Long Distance Carrier of your choice (Carrier) provided all of the following four conditions are met:

• Condition 1: You agree to assume any and all financial responsibility for any and all one-time and recurring charges, tariffs, and taxes associated with the Number beginning on the effective date of the transfer.
  

• Condition 2: You are current in payment to NextProdigy and you have no outstanding or past-due balance

• Condition 3: You provide to NextProdigy at your expense all necessary transfer forms as required by your Carrier.

• Condition 4: You have subscribed to an MobileProdigy Service associated with the Number for a minimum period of six (6) months.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that NextProdigy owns all right, title and interest in the Service, including, without limitation, all intellectual property rights therein and thereto, which intellectual property rights are protected by US and international law. You agree that you will not copy, reproduce, alter, modify, retransmit, redistribute, decompile, disassemble, reverse engineer or create derivative works of the Service, the Service software or, except as expressly authorized herein, the information accessible through the Service. You also agree not to use any automated or manual process, robot, spider or screen-scraper to copy or monitor any part of the Service.

Copyright. All content and compilations included as part of the Service, such as text, graphics, logos, buttons, images, audio, video, charts, graphs, data compilations and software are the property of NextProdigy or NextProdigy's content suppliers and are protected by US and international law.

Trademark. The name NextProdigy, HomeProdigy, MobileProdigy, and TeleProdigy jvand the NextProdigy logo are trademarks of NextProdigy. Other graphics, logos, buttons or marks used in connection with the Service, are trademarks or trade dress of NextProdigy or, in the case of third party trademarks, the property of their respective owners. Except as expressly provided for in this Agreement, no rights or implied licenses are granted to you in the copyrights, trademarks, logos, service marks or other intellectual property of NextProdigy or third parties by virtue of this Agreement or use of the Services.

Your Rights. NextProdigy does not claim ownership in any third-party content made available as part of the Service, including any text, data, information, images, photographs, music, sound, video or other material made available as part of the Service. If you, however, submit material to NextProdigy, you grant NextProdigy and NextProdigy's subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, alter, modify, adapt, publish, translate, distribute, display, create derivative works from or otherwise make available such content and its derivatives throughout the world in any media.

Notification of Claims of Copyright Infringement: NextProdigy respects the intellectual property rights of others, and we ask you to do the same. NextProdigy may, in appropriate circumstances and at our discretion, terminate Service and/or access to the Website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the NextProdigy Website, please provide NextProdigy's designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit NextProdigy to locate the material.
• Information reasonably sufficient to permit NextProdigy to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NextProdigy's agent for notice of claims of copyright or trademark infringement on this Website can be reached as follows:

By mail: 14902 Preston Rd.

Suite 404-928

Dallas, TX 75254

By phone: (972) 934-3022

By e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Indemnification. You agree to defend, indemnify and hold harmless NextProdigy and NextProdigy's subsidiaries and affiliates and its and their respective investors, directors, officers, employees, agents, contractors, information providers, licensors and other representatives and such parties' successors and assigns, from any and all claims, losses, liabilities, damages costs (including attorneys fees), penalties and demands arising from or in any way related to your use of the Service, the content you submit or NextProdigy's use thereof, or from your failure to abide you the terms of this Agreement. NextProdigy reserves the right, at NextProdigy's own expense, to assume the exclusive defense and control of any matter which is covered by the foregoing indemnity, and you agree to cooperate with NextProdigy's defense of the applicable claims.

GENERAL TERMS

Entire Agreement. The T&C constitutes the entire agreement between you and NextProdigy and governs your use of the Service, superseding any and all prior agreements. An electronic version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents generated in printed form.

Applicable Law. The T&C shall be governed by the laws of the State of Texas without regard to conflict of law provisions. You and NextProdigy consent to submit to the personal and exclusive jurisdiction of the courts located within Dallas County, Texas.

Waiver. The failure of NextProdigy to exercise or enforce any term or condition of the T&C shall not constitute a waiver of such terms or condition.

Severability. If any term or condition of the T&C shall be or become illegal, null or void for any reason or shall be held by any court of competent jurisdiction to be unenforceable or illegal, null or void, the remaining terms and conditions of the T&C shall continue in full force and effect and shall not be affected thereby. It is hereby declared that such remaining terms and conditions of the T&C would have been and are imposed irrespective of the fact that any one or more of the other terms and conditions of the T&C have been held unenforceable or have become or have been held to be illegal, null or void. Furthermore, in lieu of the unenforceable or the illegal, null or void term or condition, there automatically shall be added to the T&C a term or condition as similar as legally possible to the term or condition held to be unenforceable or illegal, null or void.

Statute of Limitations. You agree that any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The agreement contained in the preceding sentence is intended to control, regardless of any statute or law to the contrary.

Relationship. You agree that no joint venture, partnership, employment, agency or fiduciary relationship exists between you and NextProdigy as a result of this Agreement. You also agree that there are no survivorship rights or third party beneficiary rights pertaining to this Agreement, the Service or the T&C.

Force Majeure. Under no circumstances shall NextProdigy be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond NextProdigy's reasonable control, including, without limitation, fires, floods, storms, explosions and acts of God.