Terms of Service

Updated July 6, 2018


The Collabra Technology, Inc. Terms of Service, and any documents referred to herein, (
Privacy Policy, Cookie Policy) set out the terms and conditions on which you are permitted to use our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, that we, Collabra Technology, Inc. our subsidiaries, Proxio Inc., HomeDebut, Inc., et al., (hereafter referred to as Collabra Technology and/or Collabra) provide.  By use of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, you agree to be bound by, and to comply with, these Terms of Service. You are entering into a legally binding agreement with Collabra Technology, read the Terms of Service carefully.

Collabra Technology, Inc is incorporated in the United States; EIN: 82-4365534 (Federal Tax ID), registered in Delaware; File Nr. 6748986 and licensed in Washington State; WA State License Number 604226151-001-0001.

You acknowledge and agree that Collabra Technology, may revise these Terms of Service or Policies from time to time.  By continuing to access or use our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform after Collabra Technology makes any such revision, which shall become effective immediately upon posting, you agree to be bound by the revised Terms of Service or Policy.

The updated Terms of Service and Policies supersede and replace all previously published Collabra Technology, Inc. terms and policies.  New and existing customers, clients, partners, affiliates, all users and site visitors, including users of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, whether paid subscribers or not, will be subject to these new policies and Terms of Service on or after May 25, 2018.

If you do not agree with our Terms and Policies, or wish not to be bound by them, DO NOT ACCESS or USE OUR WEBSITE(s) or proprietary ENTERPRISE COLLABORATION PLATFORM.

You must be at least 18 years of age to use any Collabra Technology product, subscription, service, website(s) and proprietary enterprise collaboration platform.  By using our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform and agreeing to these terms and our policies, you represent and validate that you are at least 18 years of age.

OUR SERVICE

Collabra Technology, Inc. licenses a proprietary enterprise collaboration platform that enables businesses to harness the power of their sales teams to amplify marketing to clients on a global scale.  With Collabra, companies manage product information and media in one place using a multilingual platform that assures maximum accuracy and brand control through the entire sales channel. The Collabra platform integrates with customers’ existing information systems and CRMs, providing real-time analytics and global visibility of the sales and marketing process.

Our multilingual platform uses rich media to create a set of digital marketing materials for every product listing, then makes it accessible to any salesperson, anywhere within the large, global network.  Using their individual brands, salespeople can actively follow, promote, or share any product in their local markets — exponentially extending the reach of each product listing.

SECURITY

Collabra Technology, Inc., takes thorough precaution to protect you, the data subject and your information. When you submit personal information via our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, your information is protected both online and offline.

Collabra uses encryption or tokenization to protect data subject information transmitted online, (such as credit card data), that information is encrypted and transmitted to us in a secure way.  Verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the web pages across our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.

Collabra also protects your information offline.  Only our employees who need the information to perform their specific job (for example, customer service or accounting) are granted access to data subject information.  The computers, servers and systems in which we store data subject information are kept in secured, controlled environments.

REDRESS

Please send any questions or comments, or report violations by email to privacy@collabratechnology.com be sure to include Terms of Service in the subject line.

Or by mail to:

Collabra Technology, Inc.
Attn: Terms of Service Issues
505 W. Riverside Ave, Suite 300
Spokane, Washington 99201
USA

CHOICE – Updating Your Information and Preferences

We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information.  We may provide web pages or other mechanisms on our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform through which you can update subscription preferences.

Collabra Technology as a compliant registrant of the EU-US and Swiss-US Privacy Shield Frameworks provides our Cookie Declaration and the presentation of our Cookie Consent Banner for clear notification to our use of cookies and the ability to Opt-In (Consent) and Opt-Out, to withdraw, and/or change consent preferences.  You also have an opportunity to manage your cookie preferences through our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform; except where certain cookies are essential to enable core functionality, and you cannot choose to disable those cookies.  For more information, please see our Cookie Policy.

You can also contact us to update your Personal Information or change your preferences.  Our contact information for these purposes is by email at privacy@collabratechnology.com be sure to include Privacy  in the subject line.

ACCOUNT ELIGIBILITY

Our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform are provided for professionals engaged in the real estate industry, either as a licensed agent or broker, or as a salesperson, manager or administrator working for a licensed agent or broker (“User”), and the products, subscriptions, services, website(s) and proprietary enterprise collaboration platform require registration that includes evidence that User has this licensed relationship.  If you do not qualify, you may not use the products, subscriptions, services, website(s) and proprietary enterprise collaboration platform. Users may not have more than one active account, and may not sell, trade, transfer or otherwise permit another person or entity to assume the account.

USE OF SERVICES

Your use of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform is governed by the Terms of Service.  Collabra Technology may refuse service without prior notice to any user for any, or no, reason. You are responsible for maintaining the confidentiality of your password and account access information, and are fully responsible for all activities that occur under your password or account with or without your knowledge.  You shall be liable for any consequences that may result from unauthorized disclosure of your access identification, whether intentional, negligent or inadvertent, including but not limited to immediate suspension or termination of the our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.  You acknowledge that Collabra Technology or its data suppliers (“Suppliers”) may seed the listing information and watermark digital photographs, virtual tours, videos or other media and undertake monitoring and tracking of login information on a regular random basis such that violations of the security of your access identifications will be detected.

You agree to immediately notify Collabra Technology of any unauthorized use of your password or account or any other breach of security.  Collabra Technology cannot and will not be liable for any loss or damage arising from your failure to comply with this section.  Send an email to privacy@collabratechnology.com be sure to include Terms of Service in the subject line.

You acknowledge and agree that Collabra Technology may establish general practices and policies concerning use of the our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, including, without limitation, the minimum amount of information that will be required to establish a valid Listing or Profile, minimum requirements for keeping a Listing or Profile current; the maximum number of days that a Listing or Profile will be stored by the website or enterprise collaboration platform, the right to display minimal information about the Listings and Profiles to other Users, and the appropriate types and quantities of messages posted or sent through the Collabra Technology products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.

RESPONSIBILITY FOR DATA, INFORMATION, AND COMMENTS ENTERED BY YOU

You have sole responsibility for all Listings and Profiles that you store on Collabra Technology servers through use of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.  You acknowledge and agree that Collabra Technology will not be responsible for any failure of the products, subscriptions, services, website(s) and proprietary enterprise collaboration platform to store a Listing or Profile, for the deletion of a Listing or Profile stored on our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, or for the corruption of, or loss of any data, information, or content contained in a Listing or Profile.  Collabra Technology is not responsible for the accuracy of any Listings or Profiles entered by you, in whole or in part.

You are solely responsible for the content you post on Collabra Technology or send through our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform. Collabra Technology is not responsible for the content posted by its Users.  We do not and cannot review all user content posted on owned or managed Collabra Technology products, subscriptions, services, website(s) and proprietary enterprise collaboration platform. However, we have the right (but not the obligation) to review, screen, delete, edit and/or move any content posted on Collabra Technology products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.

RESPONSIBILITY FOR DATA AND INFORMATION OBTAINED FROM THIRD PARTY SUPPLIERS

By request from Users or by contract or agreement with Suppliers, typically an MLS, brokerage or agency, or another website, Collabra Technology obtains Listing and Profile information (“Content”) for the Services. Supplier Content is provided on an “as is, as available” basis and neither the Supplier nor Collabra Technology makes any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the Supplier or Collabra Technology responsible for errors or omissions.

You assume sole responsibility for all edits and modifications to your Profile and/or Listing information and the use by any other person of the Content, including the liability and responsibility for any and all claims, demands, losses, damages, liabilities, costs, charges and expenses, including reasonable attorney’s fees, arising out of the use by others of your and Supplier’s Content, and you indemnify Collabra Technology and its suppliers or licensors with respect thereto.  Any use of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform by you pursuant to these Terms of Service, shall be at your own risk, and Collabra Technology and its Suppliers or licensors shall not be responsible for any errors or omissions.

If you have requested, and Collabra Technology has obtained, content from a supplier for you to display on customized Collabra Technology products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, you shall comply with all applicable privacy, data security, best practices and all other laws, rules and regulations required by the Content Supplier.

GIVEAWAYS

From time to time, Collabra Technology may run giveaway promotions.  The giveaways are void where prohibited by law and are subject to all applicable federal, provincial and municipal laws and regulations.  Odds of winning will vary depending on the number of eligible entries received. All Prizes will be awarded. Prizes are not transferable.  No substitutes or exchanges of Prizes. All incidental costs and expenses not specifically referred to herein, including (without limitation) taxes, are the sole responsibility of winners.  Collabra Technology reserves the right to substitute giveaways with a prize of lesser, equal or greater value and/or to terminate, modify or withdraw the giveaways, in whole or in part at any time, without prior notice for any reason including errors, theft, fire, vandalism, technical failure, fraud or other causes beyond Collabra Technology’s control which affects the control, delivery and/or outcome of the giveaway.  Acceptance of any prize constitutes consent and agreement to use winner’s name, and likeness for editorial, advertising and publicity purposes.

COPYRIGHT

YOU WILL NOT USE THE COLLABRA TECHNOLOGY PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Collabra Technology’s copyright policy provides for the termination in appropriate circumstances of the accounts of users who are believed to be infringing the rights of copyright holders.

Our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform and contents are copyright of Collabra Technology, Inc. © 2018.  All rights reserved.

PROPRIETARY RIGHTS

All right, title, and interest in and to the products, subscriptions, services, website(s) and proprietary enterprise collaboration platform are and will remain the exclusive property of Collabra Technology and its licensors.  The website or enterprise collaboration platform are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.

TERMS OF IDEA SUBMISSION

You agree that: (1) your unsolicited ideas will automatically become the property of Collabra Technology, Inc., without compensation to you, and (2) Collabra Technology, Inc. can use the unsolicited ideas for any purpose and in any way, and even give them to others.

TRADEMARKS

Collabra Technology, the Collabra Technology logo, and all other Collabra Technology trademarks, service marks, product names, and trade names of Collabra Technology appearing on our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform are owned by Collabra Technology, Inc. All other trademarks, service marks, product names, and logos appearing on the website or enterprise collaboration platform are the property of their respective owners.  You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the website or enterprise collaboration platform without the owner’s prior written consent.

GENERAL PROHIBITIONS

As a condition to your use of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, you agree not to:

  • Misrepresent your professional status or impersonate another person or entity or misrepresent your affiliation with any person or entity;
  • Upload, post, enter, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
  • Upload, enter or transmit as part of a Listing or Profile or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use any non-public areas of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform or Collabra Technology’s computer systems or the technical delivery systems of Collabra Technology’s providers;
  • Attempt to probe, scan, or test the vulnerability of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform or any related system or network or breach any security or authentication measures or attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing or otherwise render our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform inoperable. Collabra Technology will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law.  Collabra Technology may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Collabra Technology has no obligation to monitor your, access to, or use of our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, but has the right to do so for the purpose of operating the products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.  Collabra Technology subscribes to and an active participant in the EU-U.S. and SWISS-U.S. PRIVACY SHIELD FRAMEWORKS.  Please read our Privacy Policy for definitions and more information.

LINKS

Our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform may make available links to third-party websites.  You acknowledge and agree that Collabra Technology is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites.  Links to such websites do not imply any endorsement by Collabra Technology of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

TERMINATION

You may terminate your account at any time.  If you violate any of these Terms of Service, your permission to
use our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform will automatically terminate.  Collabra Technology reserves the right to discontinue providing or to change our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform at any time and without notice.  Except to the extent that Collabra Technology is required by applicable law or court order to retain copies of your Profile that is stored on the Collabra Technology our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, upon any termination of your account, Collabra Technology will delete and erase the Profile associated with your account.

FEES

Signing up and using some of Collabra Technology products, subscriptions, services, website(s) and proprietary enterprise collaboration platform may be free of charge.  Certain other services are provided for free only to beta users. Additional Services are available to Users who pay subscription fees for upgraded status. Collabra Technology reserves the right to charge for the Services or any portion thereof, modify the pricing of, add to, or discontinue the Services or any portion thereof without prior notice.

DISCLAIMER OF WARRANTIES

OUR PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, COLLABRA TECHNOLOGY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COLLABRA TECHNOLOGY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS.  YOUR USE OF OUR PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT COLLABRA TECHNOLOGY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF OUR PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM.

INDEMNITY

You agree to defend, indemnify, and hold harmless Collabra Technology, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, or your violation of these Terms of Service.  Any business transactions which may arise between Users from their use of the Services are the sole responsibility of the Users involved.

LIMITATION OF LIABILITY

IN NO EVENT WILL COLLABRA TECHNOLOGY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM OR ANY LISTINGS OR PROFILES ENTERED THROUGH, STORED BY OR DOWNLOADED FROM THE PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLLABRA TECHNOLOGY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL COLLABRA TECHNOLOGY’S TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS, SUBSCRIPTIONS, SERVICES, WEBSITE(S) AND PROPRIETARY ENTERPRISE COLLABORATION PLATFORM EXCEED ONE HUNDRED DOLLARS ($100).  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLLABRA TECHNOLOGY AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SEVERABILITY

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining
provisions of these Terms of Service will remain in full force and affect

NOTICE

Collabra Technology may provide you with notices, including those regarding changes to our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform by email or by postings on our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.

WAIVER

The failure of Collabra Technology to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

CONTROLLING LAW AND JURISDICTION

These Terms of Service and any action related thereto will be governed by the laws of the State of Washington
without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect
to the subject matter of these Terms of Service will be the state and federal courts located in Spokane
County, Washington, and Collabra Technology and you waive any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms of Service are the entire and exclusive agreement between Collabra Technology and you regarding our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform, and these Terms of Service supersede and replace any prior agreements between Collabra Technology and you regarding our products, subscriptions, services, website(s) and proprietary enterprise collaboration platform.  You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Collabra Technology services, affiliate services or third-party content software or services.