RE/MAX Europe Intranet and LMS Platform 

Terms of Use 

1. Scope 

1. PMSCS REAL ESTATE FRANCHISING, INC. (“RE/MAX Europe”, “we” or “us”) provides an Intranet solution including the LMS Platform (hereinafter "Service") to the following to facilitate communication with one another: 

 

• staff members of RE/MAX Europe and of PMSCS Regional Franchise Services GmbH ("RE/MAX Europe Regional Services"); 
• any person who, acting as a franchisee, concluded a franchise agreement with us acting as a franchisor (“Regional Director” or “Regional Owner”);  
• any person who owns or operates an individual franchised real estate office at a particular location and address that is authorized pursuant to a franchise agreement concluded with a Regional Director to establish and operate such real estate office (“Local Franchisee” or “Broker/Owner”);  
• any person who is under contract with, employed by, owns any interest in, represents, is engaged by or is otherwise affiliated with any Local Franchisee to provide real estate services or any related service to the general public through or on behalf of a franchisee (“Sales Associate” or “Real Estate Agent”);  
• staff members of a Regional Director, of a Local Franchisee, or of a Sales Associate (“Staff”);  

• any person who is a shareholder of a Regional Director (“Regional Director Principal”), and 
• any natural person who is a shareholder of a Local Franchisee (“Local Franchisee Principal”) 
  parties (potentially) interested in becoming a Regional Director, Local Franchisee, or Sales Associate as well as their shareholders, officers and employees (“Prospects”)
  

 

(hereinafter jointly referred to as “Authorized User” or "you"). 

1. The use of the Service including any media such as but not limited to photos and videos, and other content, features, application or solutions provided to you by RE/MAX Europe in connection with the Service is subject to these Terms of Use. 

1. Acceptance of the Terms of Use 

1. To use the Service, you must first agree to the Terms of Use. You may not use any services of the Service unless you first accept the Terms of Use. 

1. You may not use the Service or accept the Terms of Use if (a) you are under the legal age to enter into a binding contract regarding the Service with RE/MAX Europe or (b) you are barred from receiving or using the Service under the laws of the country or state in which you reside or from which you access or use the Service, or you are otherwise legally prohibited from doing so. 

1. You should print or save the provisions of these Terms of Use locally for your records. 

1. Language of the Service and the Terms of Use 

1. Only the English language version of both the Service and the Terms of Use is authoritative for your relationship with RE/MAX Europe. To the extent that RE/MAX Europe provides you with a translation of (parts of) the Service and/or of the Terms of Use in your local language, this is done solely for your convenience and has no binding effect. 

1. If any discrepancies or contradictions between the English language version and a translated version of (parts of) the Service and/or of the Terms of Use occur, the English language version shall prevail. 

1. Amendments of the Service and Terms of Use 

1. The Service may be regularly modified by RE/MAX Europe in order to provide you with the best possible experience, and therefore the form of the Service may change from time to time without prior notice to you. These changes may involve, in particular but not limited to, adaptations of the user interface and/or of the features, application or solutions provided. 

1. RE/MAX Europe may also adapt and change these Terms of Use. In such a case, we will notify you separately of these changes via your specified contact address (in particular e-mail address). If you do not agree with the changes, you have a right of objection, which you can assert within four weeks from receipt of the changes. If you do not exercise this right within this period, this shall be deemed to be your consent to the changes. Your right to object and the deadline for doing so will be pointed out again separately when we contact you regarding the changes.  

1. User Account 

1. A user account is required to use the Service. When you create your user account, you must provide accurate and complete information.  

1. When creating your user account, you have to choose a secure password. It is important that you keep the password to your user account secure and secret. You may not disclose your password to any third party, nor allow any third party (whether for commercial or non-commercial reason) to access your user account. 

1. You must notify RE/MAX Europe immediately of any breach of security or unauthorized use of your user account of which you become aware. 

1. You agree to promptly notify RE/MAX Europe of any changes to the information provided during the user account setup process (e.g., change of email address). 

1. Liability 

1. You agree to indemnify and hold RE/MAX Europe harmless from and against any third party claim that your use of the Service and/or the content you upload or create in the Service violates these Terms of Use, including in particular, without limitation, Section 7. 

1. The liability of RE/MAX Europe is limited to gross negligence. This does not affect RE/MAX Europe's liability for personal injury. 

1. Inadmissible Content 

1. You undertake not to create, share, edit or upload to the Service any unlawful, offensive or objectionable content and not to create, share, edit or upload to the Service any content that violates the RE/MAX Compliance Standards, currently consisting of the RE/MAX Independent Contractor Standard, the RE/MAX Anti-corruption Standard, the RE/MAX Antitrust Standard, and the RE/MAX Anti-Money Laundering and Trade Sanctions Standard, each as amended, which form an integral part of this agreement. 

1. Unlawful content is in particular, but not limited to, content that infringes copyright (e.g., of texts, pictures or videos) or other intellectual property rights, and content that constitutes a judicial or administrative offense or instigates the commission of a judicial or administrative offense by yourself or another party (e.g., price fixing, defamation, insult or incitement to hatred, etc.) pursuant to Swiss law or the laws of the jurisdiction you reside in. 

1. Offensive or objectionable content includes, in particular but without limitation, content that incites violence or hatred (hate speech), content that glorifies violence or is excessively violent, xenophobic or sexist or discriminatory or insulting or disparaging content, or content that may affect the moral or ethical values of certain groups of people, in particular but not limited to minorities, in Switzerland or the jurisdiction you reside in. 

1. General Restrictions on Use 

1. You agree not to alter or modify any part of the Service and not to circumvent, disable or otherwise interfere or attempt to interfere with any safety-related feature of the Service. 

1. You agree not to access any content made available through the Service using any technology or means other than those expressly designated by RE/MAX Europe for such purpose. 

1. RE/MAX Europe Acting as Hosting Provider 

1. RE/MAX Europe acts as hosting provider of the Service as a commercial solution to facilitate your communication.  

1. RE/MAX Europe does, in general, not screen, monitor or control and does not gain actual knowledge of the content you create, share, edit or upload to the Service, and RE/MAX Europe is under no circumstances obliged to screen, monitor or control content created, shared, edited or uploaded to the Service in any way. 

1. Notwithstanding the above, for compliance reasons, RE/MAX Europe reserves the right to screen certain content after it was uploaded to the Service if and when we consider such screening appropriate for compliance purposes, in particular in the course of investigations of a potential violation of these Terms of Use or the RE/MAX Compliance Standards or the applicable law. 

1. Cancellation and Termination of Your Use of the Service 

1. The contractual relationship concluded with you on the basis of the Terms of Use can be terminated by either party with one month's notice at the last day of the month. 

1. Should you cease to be an Authorized User, the contractual relationship concluded with you on the basis of the Terms of Use shall terminate automatically without notice. 

1. Miscellaneous 

1. If any provision of these Terms of Use is invalid, it shall, to the extent permitted by law, be replaced by the provision that most closely approximates the invalid provision in economic terms. 

1. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Switzerland, without regard to its conflict of laws rules. 

1. At the discretion of either party initiating proceedings, any disputes arising from or in connection with these Terms of Use, may either be brought before the competent court in Zurich, Switzerland, or may be made subject to arbitration. In the latter case, the Parties agree that disputes out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) by 3 (three) arbitrators appointed in accordance with the said Rules. The language of the arbitration shall be English and the place of arbitration shall be Zurich, Switzerland. The cost of arbitration shall be shared equally by each party to the arbitration proceeding, provided, however, that each party shall be responsible for its own legal fees. Notwithstanding the aforementioned, actions for preliminary injunctive relief sought prior to the commencement of the arbitration shall exclusively be brought in the ordinary courts of Zurich, Switzerland.