Market Leader Lead Insert API Terms of Use

Thank you for using the Market Leader Lead Insert application programming interface (the “Market Leader API” or the “API”). By using the API, you agree to the terms below. If you disagree with any of these terms, Market Leader does not grant you a license to use the API. We reserve the right to update and change these terms from time to time without notice.

Your license to the API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of the API. Market Leader may terminate the license at any time for any reason. Your rights to use the API terminate automatically if (i) you violate any of these terms, (ii) Market Leader publicly posts a written notice of termination on Market leader.com, (iii) Market Leader sends a written notice of termination to you, or (iv) Market Leader disables access to the API to you.

  1. Licensed Uses and Restrictions.

The API is owned by Market Leader and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the API, all updates, revisions, substitutions, and any copies of the API made by or for you. Market Leader reserves all rights not expressly granted to you.

i. You shall:

  • Comply with the Market Leader Site Terms at http://www.marketleader.com/terms.
  • Comply with all API requirements (including, without limitations, any API call volume limitations, security policies, and privacy policies), technical requirements and documentation.
  • Comply with all applicable laws (including, without limitation, the applicable laws of your jurisdiction relating to online conduct, acceptable content, data collection, privacy, and the export of data.
  • Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

ii. You shall not:

  • Use the API in any manner or for any purpose that replicates or attempts to replace the essential user experience of Market Leader or any of its products and services.
  • Use the API to spam or otherwise harass users with unwanted actions.
  • Attempt to cloak or conceal your identity when requesting authorization to use the API.
  • Use the API in any manner or for any purpose that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  • Use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  • Use the API in a manner that adversely impacts the stability of Market Leader servers or adversely impacts the behavior of other applications using the API.
  • Sell, lease, or sublicense the API or access thereto or derive revenues from the provision of the API to others.
  1. Attributions, Trademark and Branding

In any messaging of your use of the API, you shall prominently place the following notice: “This product uses the Market Leader API but is not endorsed or certified by Market Leader.”

You shall not use, or allow use of, “Market Leader” in the hostname of your application, domain name or any product or service name. Any use of the Market Leader logo or marks is prohibited except as specifically permitted in the API documentation or with prior written permission from Market Leader.

Market Leader may list users of the API in Market Leader marketing and advertising materials.

  1. Ownership and Relationship of Parties.

The API may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Market Leader’s rights apply to the API and all output and executables of the API, excluding any software components developed by you which do not themselves incorporate the API or any output or executables of the API. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Market Leader owns all rights, title, and interest in and to the API. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Market Leader, including (but not limited to) the API and Market Leader trademarks.

  1. Support.

Market Leader may elect to provide you with support or modifications for the API as detailed in the API documentation in its sole discretion, and may terminate such support at any time without notice to you. Market Leader may change, suspend, or discontinue any aspect of the API at any time, including the availability of any API. Market Leader may also impose limits on certain features and services or restrict your access to parts or all of the API or the Market Leader website without notice or liability.

  1. Fees and Payments.

There is currently no charge for this API. However, providing the API does have real costs for Market Leader and Market Leader reserves the right to charge fees for future use of or access to the API.

  1. DISCLAIMER OF ANY WARRANTY.

SOME OF THE API MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. MARKET LEADER DOES NOT REPRESENT OR WARRANT THAT THE API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE API AND ANY CONTENT THEREFROM ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND MARKET LEADER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF THE API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY API INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  1. LIMITATION OF LIABILITY.

MARKET LEADER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE API, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MARKET LEADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MARKET LEADER BE LIABLE TO YOU FOR ANY AMOUNT. 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 OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

  1. Releases and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Market Leader, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the API. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

  1. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Market Leader and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Market Leader shall use good faith efforts to provide you with written notice of such claim, suit or action.

  1. General Terms.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Market Leader shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Market Leader, express or implied, and you shall not attempt to bind Market Leader to any contract.

Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.

Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Market Leader shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Market Leader agree to submit to the personal jurisdiction of the federal, state and local courts located in Seattle, Washington.

No Waiver of Rights by Market Leader. Market Leader’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Market Leader and you with respect to the subject matter hereof.