Terms and Conditions
Published Date 01/01/2026
IMPORTANT LEGAL NOTICE
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SMARTMLS SIGN. SUBJECT TO APPLICABLE LAW, THEY INCLUDE PROVISIONS GOVERNING DISPUTE RESOLUTION, INCLUDING BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ CAREFULLY.
BY ACCESSING OR USING SMARTMLS SIGN IN ANY MANNER, INCLUDING ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY, AND THAT SUCH ACCESS OR USE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE BY YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR USE SMARTMLS SIGN.
INTRODUCTIONS
These Terms and Conditions of Use govern Your access to and use of SmartMLS Sign by You in connection with Your use of SmartMLS Sign. SmartMLS Sign is a proprietary software application that provides technology-enabled functionality to enable users to Conduct Business Electronically.
You acknowledge and agree that SmartMLS Sign is a software application only. It does not provide legal, brokerage, fiduciary, financial, or other professional or advisory services, and it is not a party to, and does not participate in any transaction, agreement, document, or Record processed using SmartMLS Sign.
You may use SmartMLS Sign to access, review, receive, and execute Electronic Records and to participate in Electronic Signing Instances in accordance with these Terms. You are solely responsible for Your access to and use of SmartMLS Sign, including without limitation, Your actions, communications, and decisions made in connection with any Electronic Signing Instance in which You participate.
Your use of SmartMLS Sign is also subject to the applicable SmartMLS Sign Consumer Disclosure regarding Conducting Business Electronically and the SmartMLS Sign Privacy Policy, each as may be updated from time to time, to the extent applicable under law.
If You do not agree to these Terms and Conditions of Use, You must not access or use SmartMLS Sign.
ARTICLE 1 DEFINITIONS; INTERPRETATIONS; DEFINITION PARITY:
1.1 DEFINITIONS: For purposes of these Terms and Conditions of Use (“Terms”), the following capitalized terms shall have the meanings set forth below. These definitions are duplicated verbatim from the SmartMLS Sign Consumer Disclosure and are intended to be identical in substance, scope, and interpretation.
1.1.01 “Conduct Business Electronically” means to electronically review and/or sign documents; utilize Electronic Records; and receive notices, disclosures, and any/all other communications electronically.
1.1.02 “Consumer” means any individual or entity, including but not limited to residential; real estate buyers; sellers; lessees; tenants; lessors; landlords; brokers; agents; attorneys; lenders; and/or any party engaged in real estate transactions, who interacts with SmartMLS Sign as an End User or Signing Participant.
1.1.03 “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
1.1.04 “Electronic Record”, “Electronic Records” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
1.1.05 “Electronic Signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
1.1.06 “Electronic Signing Instance”, “ESI” means a unique, separate and distinct electronic transaction or event within the SmartMLS Sign platform, encompassing the entire process of generating, reviewing, and electronically signing one or more documents, including any associated communication, notifications, actions, and interactions, initiated and managed by System Users and involving one or more Signing Participants.
1.1.07 “End User” means any individual that accesses and uses SmartMLS Sign, either personally or duly authorized on behalf of an entity, for the purpose of reviewing, signing, or otherwise participating in an Electronic Signing Instance.
1.1.08 “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
1.1.09 “Sender” means a System User on whose behalf an Electronic Signing Instance is initiated, dispatched, or transmitted within or via the SmartMLS Sign platform.
1.1.10 “Signing Participant” means an individual, either personally or duly authorized on behalf of an entity, who actively participates in an Electronic Signing Instance facilitated by SmartMLS Sign. Signing Participants may include, but are not limited to, the parties directly and/or indirectly involved in a real estate transaction, such as buyers, sellers, lessees, tenants, lessors, landlords, brokers, agents, attorneys, lenders, and/or any other relevant reviewers and/or signatories.
1.1.11 “System User” refers to any individual, either personally, duly authorized on behalf of another individual, or duly authorized on behalf of an entity, who accesses or utilizes the SmartMLS Sign platform to initiate, dispatch, or manage Electronic Signing Instances.
1.1.12 “SmartMLS Sign” means the SmartMLS Inc. Electronic Signature Technology Solution provided by SmartMLS Inc., its employees, agents, representatives, affiliates, successors, assigns, designees, and any related entities involved in the development, operation, and support thereof.
1.1.13 “You” means any/all individuals or entities, including both Electronic Signing Instance End Users and Signing Participants, who access and/or use the SmartMLS Sign platform.
1.1.14 “Your” means of and/or relating to the actions, obligations, responsibilities, and rights of individuals and entities, including both Electronic Signing Instance End Users and Signing Participants, who access and/or use the SmartMLS Sign platform.
ARTICLE 2 SCOPE; ROLE; RELATIONSHIP TO CONSUMER DISCLOSURE:
2.1 SCOPE OF AGREEMENT:
2.1.01 These Terms govern Your access to and use of SmartMLS Sign as an End User or Signing Participant, and apply to all access to and use of SmartMLS Sign by You in connection with any Electronic Signing Instance in which You participate.
2.2 END USER AND SIGNING PARTICIPANT ROLE AND RESPONSIBILITY:
2.2.01 You acknowledge and agree that SmartMLS Sign is accessed and used by End Users and Signing Participants at the direction of, and within Electronic Signing Instances initiated and administered by, System Users. You do not control, administer, or configure SmartMLS Sign, and Your access and use are limited to participation in Electronic Signing Instances made available to You.
2.2.02 SmartMLS Sign does not monitor, supervise, or verify the actions, intent, authority, or compliance of any End User or other Signing Participant. You assume all risks associated with Your participation in any Electronic Signing Instance, including Your reliance on documents, communications, or actions taken by other parties.
2.3 RELATIONSHIP TO CONSUMER DISCLOSURE:
2.3.01 The SmartMLS Sign Consumer Disclosure regarding Conducting Business Electronically governs End Users’ consent to Conduct Business Electronically and to use Electronic Records and Electronic Signatures. The Consumer Disclosure is separate from, and in addition to, these Terms.
2.3.02 Nothing in these Terms modifies, limits, supersedes, or overrides the Consumer Disclosure. In the event of any inconsistency between these Terms and the Consumer Disclosure, the then-current active version of the Consumer Disclosure shall control with respect to matters of Conducting Business Electronically, provided that no such inconsistency (or silence) shall be interpreted to expand SmartMLS Sign’s obligations or liabilities.
2.4 NO AGENCY; NO FIDUCIARY RELATIONSHIP:
2.4.01 Nothing in these Terms creates any agency, partnership, joint venture, fiduciary, or similar relationship between You and SmartMLS Sign. You have no authority to bind SmartMLS Sign, and SmartMLS Sign has no responsibility for Your acts or omissions or for the acts or omissions of any End User or other Signing Participant.
2.5 ALLOCATION OF COMPLIANCE RESPONSIBILITY:
2.5.01 You are solely responsible for determining whether and how to participate in any Electronic Signing Instance and for complying with any legal or contractual obligations applicable to You in connection with such participation. SmartMLS Sign does not provide legal advice, compliance determinations, or regulatory assurances, and disclaims all responsibility for Your decisions or actions in connection with any Electronic Signing Instance.
ARTICLE 3 SOFTWARE LICENSE GRANT:
3.1 LICENSE GRANT:
3.1.01 Subject to Your compliance with these Terms, SmartMLS Sign grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use SmartMLS Sign solely in Your capacity as an End User or Signing Participant and solely for Your personal or professional use in connection with accessing, reviewing, receiving, and executing Electronic Records and participating in Electronic Signing Instances.
3.2 LICENSE RESTRICTIONS: You shall not, and shall not permit any third party to:
3.2.01 access or use SmartMLS Sign for any purpose other than as expressly permitted under these Terms;
3.2.02 use SmartMLS Sign for the benefit of any third party other than in connection with Your lawful participation in an Electronic Signing Instance;
3.2.03 sublicense, resell, lease, distribute, make available, or otherwise exploit SmartMLS Sign except as expressly permitted by these Terms;
3.2.04 circumvent, disable, interfere with, or otherwise attempt to bypass any access controls, security measures, usage limits, or technical restrictions of SmartMLS Sign;
3.2.05 use SmartMLS Sign in a manner that violates applicable law, regulation, rule, or professional obligation; or
3.2.06 access or use SmartMLS Sign in any manner that could reasonably be expected to create risk, harm, or liability to SmartMLS Sign, its licensors or any third party.
3.3 RESERVATION OF RIGHTS:
3.3.01 SmartMLS Sign and its licensors retain all rights, title, and interest in and to SmartMLS Sign and all related technology, software, and intellectual property. Except for the limited license expressly granted in these Terms, no rights are granted to You, whether by implication, estoppel, or otherwise.
3.4 SUSPENSION AND ENFORCEMENT:
3.4.01 SmartMLS Sign may suspend or restrict Your license to access and/or use SmartMLS Sign, in whole or in part, immediately and, to the extent permitted by applicable law, without prior notice, if SmartMLS Sign reasonably determines that Your access to or use of SmartMLS Sign violates these Terms, creates a security risk, or exposes SmartMLS Sign to potential liability.
ARTICLE 4 LEGAL CAPACITY; AUTHORITY; USER REPRESENTATIONS:
4.1 LEGAL CAPACITY AND AUTHORITY:
4.1.01 You represent and warrant that You are at least eighteen (18) years of age and have full legal capacity to consent to these Terms. If You access or use SmartMLS Sign on behalf of an entity or organization, You further represent and warrant that You have full authority to bind such entity or organization to these Terms and to all obligations arising from access to and use of SmartMLS Sign.
4.1.02 You acknowledge and agree that SmartMLS Sign relies on the foregoing representations in granting You access to and use of SmartMLS Sign and that any access to or use of SmartMLS Sign without proper authority constitutes a material breach of these Terms.
4.2 AUTHORIZED USE; COMPLIANCE REPRESENTATION:
4.2.01 You represent and warrant that all access to and use of SmartMLS Sign by, through or on behalf of You will be lawful and in compliance with these Terms, the applicable Consumer Disclosure, and all applicable laws, rules, regulations, and professional obligations.
4.2.02 You further represent and warrant that You will not knowingly permit any access to or use of SmartMLS Sign by any individual or entity that lacks legal capacity or authority to participate in the applicable Electronic Signing Instance or transaction.
4.3 RESPONSIBILITY FOR CREDENTIALS AND ACCESS:
4.3.01 You are solely responsible for maintaining the confidentiality and security of any access credentials associated with Your access to and use of SmartMLS Sign. All access to and use of SmartMLS Sign through credentials associated with You shall be deemed authorized by You, whether or not such access or use was expressly approved by You.
4.3.02 SmartMLS Sign has no obligation to verify the identity, authority, or intent of any individual accessing or using SmartMLS Sign through credentials associated with You.
4.4 NO VERIFICATION BY SMARTMLS SIGN:
4.4.01 You acknowledge and agree that SmartMLS Sign does not verify the identity, authority, intent, or legal capacity of any System User, End User, Sender, or other Signing Participant. You assume all risks associated with unauthorized, mistaken, or fraudulent access to or use of SmartMLS Sign, including without limitation, risks arising from misdirected communications, impersonation, or errors by other parties.
4.5 SURVIVAL AND ENFORCEMENT:
4.5.01 The representations, warranties, and acknowledgments set forth in this Article 4 are continuing and shall survive suspension and/or termination of Your license to access and/or use SmartMLS Sign and expiration or termination of these Terms.
ARTICLE 5 NO PROFESSIONAL SERVICES; NO TRANSACTION PARTICIPATION:
5.1 SOFTWARE APPLICATION ONLY:
5.1.01 SmartMLS Sign is a software application only. It provides technology-enabled functionality that permits users to Conduct Business Electronically and manage Electronic Records and Electronic Signatures in connection with Electronic Signing Instances.
5.1.02 SmartMLS Sign does not provide legal, brokerage, fiduciary, financial, tax, or other professional or advisory services of any kind.
5.1.03 You acknowledge and agree that You do not rely on SmartMLS Sign for legal advice, regulatory or compliance determinations, transactional guidance, recordkeeping or document retention obligations, or the validity, enforceability, or legal effect of any document, Record, or Electronic Signature.
5.2 NO TRANSACTION PARTICIPATION:
5.2.01 SmartMLS Sign is not a party to, and does not participate in, any transaction, agreement, document or Record processed using SmartMLS Sign.
5.2.02 SmartMLS Sign does not draft, review, approve, endorse, validate, interpret, monitor, or assume responsibility for the content, accuracy, legality, enforceability, sufficiency, or compliance of any document, Record, Electronic Signature, or transaction processed using SmartMLS Sign.
5.2.03 All documents, Records, and transaction decisions are determined solely by You and other Signing Participants, without the advice or involvement of SmartMLS Sign.
5.3 NO RELIANCE:
5.3.01 You acknowledge and agree that You do not rely on SmartMLS Sign for legal advice, regulatory or compliance determinations, transactional guidance, business judgments, or the validity, enforceability, or legal effect of any document, Record, or Electronic Signature.
5.3.02 You further acknowledge and agree that any reliance by You or any End User on documents, Records, or Electronic Signatures processed using SmartMLS Sign is solely at Your own risk and is not attributable to SmartMLS Sign.
5.4 ALLOCATION OF DECISION-MAKING RISK:
5.4.01 All decisions regarding the use of SmartMLS Sign, the documents, Records, and Electronic Signatures processed using SmartMLS Sign, and any resulting legal, financial, or transactional obligations or consequences are made solely by You or other Signing Participants, and not by SmartMLS Sign.
ARTICLE 6 END USER AND SIGNING PARTICIPANT RESPONSIBILITIES:
6.1 GENERAL RESPONSIBILITIES: You are solely responsible for Your access to and use of SmartMLS Sign, including without limitation, the following:
6.1.01 maintaining accurate, current, and complete contact information associated with Your access to and use of SmartMLS Sign;
6.1.02 monitoring Your own communications, notices, invitations, alerts, and messages transmitted to You through SmartMLS Sign in connection with any Electronic Signing Instance in which You participate;
6.1.03 safeguarding the confidentiality and security of all usernames, passwords, and access credentials associated with Your access to SmartMLS Sign;
6.1.04 ensuring that You have not opted out, disabled, filtered, blocked by security software, or otherwise restricted delivery of required electronic communications, including email and SMS messages, necessary for Your participation in Electronic Signing Instances;
6.1.05 maintaining all devices, software, systems, and internet connectivity required to access and use SmartMLS Sign;
6.1.06 downloading, saving, and retaining any Electronic Records or documents You elect or are required to retain for Your own legal, contractual, or business purposes; and
6.1.07 all activity conducted using credentials associated with You shall be deemed authorized by You.
6.2 PROHIBITED TECHNICAL MISUSE AND CIRCUMVENTION:
6.2.01 You shall not, and shall not permit any third party to, directly or indirectly:
(a) attempt to derive, discover, or reconstruct the source code, underlying ideas, algorithms, structure, or organizational form of SmartMLS Sign;
(b) access or use SmartMLS Sign for the purpose of building, benchmarking, or enabling a competing product, service, or offering;
(c) circumvent, disable, interfere with, or attempt to circumvent, disable, or interfere with any technical limitations, access controls, security measures, or usage restrictions of SmartMLS Sign; or
(d) use automated means, including scripts, bots, crawlers, or similar technologies, to scrape, extract, harvest, or collect data or content from SmartMLS Sign, except as expressly authorized in writing by SmartMLS Sign.
6.2.02 Any violation of this Section 6.2 constitutes a material breach of these Terms and may result in immediate suspension or termination of Your license to access and/or use SmartMLS Sign, in addition to any other remedies available at law or in equity.
6.3 INTELLECTUAL PROPERTY RIGHTS; COPYRIGHTED CONTENT AND USER AUTHORIZATION:
6.3.01 You represent and warrant that You have all rights, licenses, consents, and authorizations necessary to upload, transmit, send, execute, or otherwise make available any Electronic Record, document, or content using SmartMLS Sign.
6.3.02 You shall not use SmartMLS Sign to upload, transmit, or make available any Electronic Record, document, or content that infringes, misappropriates, or otherwise violates any copyright, intellectual property right, proprietary right, or other right of any third party.
6.3.03 SmartMLS Sign does not review, screen, approve, or monitor any Electronic Record, document, or content transmitted or made available using SmartMLS Sign and has no obligation or responsibility to do so.
6.3.04 SmartMLS Sign does not determine, verify, or validate whether You, any System Users, or other Signing Participants have the legal right, license, consent, or authorization to use, transmit, execute, or make available any Electronic Record, document, or content using SmartMLS Sign. You are solely responsible for ensuring that all such use is authorized and lawful, and You assume all risks and liabilities arising from any unauthorized or infringing use of any copyrighted document, Electronic Record, or content.
6.3.05 Any violation of this Section 6.3 constitutes a material breach of these Terms.
6.4 PROHIBITED SENSITIVE PERSONAL DATA; SCOPE OF PERMITTED INFORMATION:
6.4.01 You acknowledge and agree that SmartMLS Sign may be used in connection with real estate transactions and related documents that necessarily include certain limited personal information, such as names, signatures, and contact information, that is incidental to Your participation in Electronic Signing Instances and the execution of such transaction documents.
6.4.02 Notwithstanding the foregoing, You shall not upload, transmit, enter, store, or otherwise make available through SmartMLS Sign any of the following information, whether relating to You or any other person or entity, under any circumstances:
(a) social security numbers or other government-issued taxpayer or personal identification numbers;
(b) dates of birth;
(c) driver’s license numbers, passport numbers, or other government-issued identification numbers;
(d) bank account numbers, routing numbers, wire transfer instructions, or other payment or settlement instructions;
(e) credit card numbers, debit card numbers, or other payment card information; or
(f) usernames, passwords, authentication credentials, or similar security information.
6.4.03 SmartMLS Sign is not designed or intended to process, store, or manage the information identified in Section 6.4.02 and does not monitor, screen, review, or validate any data entered, uploaded, transmitted, or otherwise made available by any user or other party through SmartMLS Sign.
6.4.04 You are solely responsible for ensuring that no prohibited information is entered or transmitted using SmartMLS Sign. If any such information is nevertheless entered or transmitted, You do so entirely at Your own risk and assume all risks and liabilities arising from any unauthorized access, use, disclosure, transmission, loss, or misuse of such information.
6.4.05 Any violation of this Section 6.4 constitutes a material breach of these Terms.
6.5 THIS SECTION INTENTIONALLY OMITTED:
6.6 NO PLATFORM OVERSIGHT OR RESPONSIBILITY:
6.6.01 SmartMLS Sign does not supervise, monitor, manage, or control Your use of SmartMLS Sign or the conduct of any other Signing Participant.
6.6.02 SmartMLS Sign has no responsibility for errors, omissions, delivery failures, or misuse arising from Your use of SmartMLS Sign or from the actions or omissions of any other Signing Participant or third party.
ARTICLE 7 AUTO-FILL AND DATA PRE-POPULATION FEATURES:
7.1 AVAILABILITY OF AUTO-FILL FEATURES:
7.1.01 SmartMLS Sign may include features that automatically populate, suggest, reuse, or pre-fill data fields in documents or Electronic Records based on information previously entered, provided, or otherwise made available through SmartMLS Sign.
7.2 NO ACCURACY OR COMPLETENESS GUARANTEE:
7.2.01 Any auto-filled, pre-populated, suggested, or reused data is provided “as is” and without any representation or warranty as to accuracy, completeness, currency, or suitability for any particular purpose.
7.2.02 SmartMLS Sign does not verify, validate, or confirm the accuracy or appropriateness of any auto-populated data.
7.3 INDEPENDENT REVIEW AND VERIFICATION REQUIRED:
7.3.01 You acknowledge and agree that You are solely responsible for independently reviewing, verifying, and confirming the accuracy and completeness of all auto-filled or pre-populated data before executing or otherwise relying on any document, Record, or Electronic Signature.
7.4 NO LIABILITY FOR AUTO-POPULATED DATA:
7.4.01 SmartMLS Sign disclaims all liability arising from or relating to any reliance on auto-filled, pre-populated, suggested, or reused data, including without limitation, any errors, omissions, inaccuracies, or resulting damages, losses, or disputes.
ARTICLE 8 ELECTRONIC DELIVERY; ACCESS; AND TRANSACTION RISK ALLOCATION:
8.1 NO GUARANTEE OF DELIVERY:
8.1.01 SmartMLS Sign does not guarantee the delivery, receipt, timeliness, accessibility, or availability of any Electronic Record, notice, email, SMS message, or other electronic communication transmitted through or in connection with the use of SmartMLS Sign.
8.1.02 Failure or delay in delivery or receipt of any such communication does not invalidate any document or Record and does not create any liability on the part of SmartMLS Sign.
8.2 NO GUARANTEE OF LEGAL SUFFICIENCY OF ELECTRONIC DELIVERY:
8.2.01 SmartMLS Sign makes no representation or warranty that electronic delivery of any document, Record, notice, or communication through SmartMLS Sign satisfies any legal, contractual, regulatory, or disclosure requirement.
8.2.02 Responsibility for determining whether electronic delivery is legally sufficient for any purpose rests solely with You.
8.3 AUTHENTICATION AND IDENTITY RISK:
8.3.01 SmartMLS Sign does not verify the identity, authority, intent, or legal capacity of any individual accessing or using SmartMLS Sign, Conducting Business Electronically or participating in any Electronic Signing Instance.
8.3.02 You acknowledge and agree that You assume all risks associated with unauthorized, mistaken, or fraudulent access to or use of SmartMLS Sign, including without limitation, risks arising from impersonation, credential misuse, misdirected communications, or system failures.
8.4 AVAILABILITY; NO SERVICE LEVELS:
8.4.01 SmartMLS Sign may be unavailable at times due to maintenance, outages, system failures, third-party service interruptions, and/or other factors beyond the control of SmartMLS Sign.
8.4.02 SmartMLS Sign does not guarantee uninterrupted or continuous availability and provides no uptime guarantees, service level commitments, or availability assurances.
8.5 ASSUMPTION OF RISK:
8.5.01 You expressly assume all risks associated with electronic delivery, system availability, third-party transmission systems and service providers, and reliance on Electronic Records, Electronic Signatures, or communications transmitted through SmartMLS Sign.
ARTICLE 9 THIRD-PARTY CONTENT; SENDERS; AND SIGNING PARTICIPANTS:
9.1 NO CONTROL OR ENDORSEMENT OF THIRD-PARTY CONTENT:
9.1.01 SmartMLS Sign does not control, create, endorse, verify, approve, or assume responsibility for any documents, Records, content, data, communications, or materials provided, transmitted, or generated by You or any other Sender, Signing Participant, or third party through SmartMLS Sign.
9.2 NO RESPONSIBILITY FOR ACTS OR OMISSIONS OF OTHERS:
9.2.01 SmartMLS Sign is not responsible or liable for the acts, omissions, conduct, errors, misrepresentations, or compliance failures of any Sender, System User, Signing Participant, counterparty, or other third party.
9.2.02 All Electronic Signing Instances, interactions, communications, and transactions facilitated through SmartMLS Sign occur solely between You and any Sender, System User, Signing Participant or other third party, without involvement by SmartMLS Sign.
9.3 ATTRIBUTION OF CONTENT AND COMMUNICATIONS:
9.3.01 All documents, Records, Electronic Signatures, data, and communications transmitted or processed using SmartMLS Sign are attributed solely to the applicable Sender, Signing Participant, or other originating party and not to SmartMLS Sign.
9.3.02 SmartMLS Sign makes no representations regarding, and disclaims all responsibility for, the accuracy, completeness, legality, enforceability, or effect of any such content or communications.
ARTICLE 10 SUSPENSION AND TERMINATION:
10.1 SUSPENSION OR TERMINATION OF LICENSE:
10.1.01 SmartMLS Sign may suspend, restrict, or terminate Your license to access and/or use SmartMLS Sign, in whole or in part, at any time, with or without prior notice to the extent permitted by applicable law, if SmartMLS Sign reasonably determines that:
(a) You have violated or may violate these Terms;
(b) Your use of SmartMLS Sign creates or may create risk, harm, or liability to SmartMLS Sign, its licensors or, any third party;
(c) suspension or termination is necessary to protect the security, integrity, or availability of SmartMLS Sign; or
(d) SmartMLS Sign, in its sole discretion, elects to discontinue or modify SmartMLS Sign or any portion thereof.
10.2 EFFECT OF SUSPENSION OR TERMINATION: Upon suspension or termination of Your license to access and/or use SmartMLS Sign:
10.2.01 all licenses and rights granted to You under these Terms shall immediately cease to the extent specified by SmartMLS Sign;
10.2.02 You shall immediately discontinue all access to and use of SmartMLS Sign to the extent required by the suspension or termination; and
10.2.03 SmartMLS Sign shall have no obligation to maintain, provide access to, retrieve, restore, or deliver any documents, Records, data, or content associated with Your use of SmartMLS Sign.
10.3 NO LIABILITY FOR SUSPENSION OR TERMINATION:
10.3.01 SmartMLS Sign shall not be liable to You or any third party for any suspension, restriction, or termination of Your license to access and/or use SmartMLS Sign, including without limitation, any resulting loss of data, interruption of business, loss of access, or inability to complete transactions.
10.4 SURVIVAL OF SUSPENSION AND TERMINATION PROVISIONS:
10.4.01 Suspension and/or termination of Your license to access and/or use SmartMLS Sign shall not affect the validity of any document, Record, or Electronic Signature executed prior to such suspension or termination, and shall not limit any rights or remedies of SmartMLS Sign that accrued prior to or survive such suspension or termination.
ARTICLE 11 INTELLECTUAL PROPERTY:
11.1 OWNERSHIP OF SMARTMLS SIGN:
11.1.01 SmartMLS Sign, including all code, software, technology, systems, algorithms, interfaces, user interfaces, workflows, designs, databases, configurations, updates, enhancements, documentation, trademarks, service marks, logos, and all related intellectual property and proprietary rights, is and shall remain the exclusive property of SmartMLS Sign and its licensors.
11.1.02 Nothing in these Terms transfers or conveys to You any ownership interest in SmartMLS Sign or any related intellectual property.
11.2 LIMITED LICENSE; RESERVATION OF RIGHTS:
11.2.01 Except for the limited, revocable license expressly granted to You under Article 3, no additional rights are granted to You under these Terms, whether by implication, estoppel, exhaustion, or otherwise.
11.2.02 All rights not expressly granted to You are expressly reserved by SmartMLS Sign and its licensors.
11.3 USER FEEDBACK AND SUGGESTED PRODUCT IMPROVEMENTS:
11.3.01 If You voluntarily provide SmartMLS Sign with any feedback, suggestions, ideas, or input regarding SmartMLS Sign, including without limitation, any proposed features, enhancements, or functionality (collectively, “Feedback”), You grant SmartMLS Sign a perpetual, irrevocable, worldwide, royalty-free, sublicensable right to use, modify, incorporate, and exploit such Feedback in connection with the operation, improvement, and development of SmartMLS Sign and related products and services, without obligation or compensation to You.
11.4 NO RIGHTS IN THIRD-PARTY CONTENT:
11.4.01 Nothing in these Terms grants SmartMLS Sign any ownership interest in, or responsibility for, any documents, Records, data, content, or materials provided by You, other End Users, or any Senders, System Users, Signing Participants or third party.
11.4.02 All such content remains the responsibility of You or the applicable Sender, Signing Participant, or other originating party, subject only to the limited, non-exclusive, and technical licenses necessary for SmartMLS Sign to operate and provide access to the software application.
ARTICLE 12 DISCLAIMER OF WARRANTIES:
12.1 AS-IS; AS-AVAILABLE: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTMLS SIGN IS PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT TO THE EXTENT THAT WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, SMARTMLS SIGN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
12.2 NO IMPLIED WARRANTIES: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SMARTMLS SIGN SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
12.3 NO PERFORMANCE OR RELIABILITY WARRANTIES: SMARTMLS SIGN DOES NOT WARRANT THAT:
12.3.01 SMARTMLS SIGN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
12.3.02 ANY DEFECTS, BUGS, OR ERRORS WILL BE CORRECTED;
12.3.03 SMARTMLS SIGN WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; OR
12.3.04 ANY DOCUMENTS, RECORDS, ELECTRONIC SIGNATURES, DATA, OR COMMUNICATIONS PROCESSED USING SMARTMLS SIGN WILL BE ACCURATE, COMPLETE, LEGAL, ENFORCEABLE, TIMELY, OR RELIABLE.
12.4 END USER ACKNOWLEDGMENT:
12.4.01 YOU ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE SMARTMLS SIGN AT YOUR OWN RISK AND THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY, OR STATEMENT NOT EXPRESSLY SET FORTH IN THESE TERMS.
ARTICLE 13 LIMITATION OF LIABILITY:
13.1 EXCLUSION OF CERTAIN DAMAGES:
13.1.01 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN NO EVENT SHALL SMARTMLS SIGN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF SMARTMLS SIGN OR THESE TERMS, EVEN IF SMARTMLS SIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.1.02 NOTHING IN THIS ARTICLE 13 LIMITS OR EXCLUDES YOUR RESPONSIBILITY OR LIABILITY ARISING FROM ANY BREACH OF ARTICLE 6, INCLUDING WITHOUT LIMITATION, SECTIONS 6.2 (PROHIBITED TECHNICAL MISUSE AND CIRCUMVENTION) AND 6.3 (INTELLECTUAL PROPERTY RIGHTS; COPYRIGHTED CONTENT AND USER AUTHORIZATION).
13.1.03 THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS ARTICLE 13 APPLY SOLELY TO CLAIMS AGAINST SMARTMLS SIGN AND ITS LICENSORS AND DO NOT LIMIT YOUR RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED, UNLAWFUL, OR INFRINGING USE OF SMARTMLS SIGN, INCLUDING WITHOUT LIMITATION, ANY INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS ARISING FROM CONTENT, DOCUMENTS, OR RECORDS USED, TRANSMITTED, OR MADE AVAILABLE BY, THROUGH, OR ON YOUR BEHALF.
13.2 AGGREGATE LIABILITY CAP:
13.2.01 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTMLS SIGN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF SMARTMLS SIGN OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO SMARTMLS SIGN FOR ACCESS TO SMARTMLS SIGN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF NO SUCH AMOUNTS WERE PAID, ZERO ($0.00) DOLLARS.
13.3 BASIS OF THE BARGAIN:
13.3.01 YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE 13 ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SMARTMLS SIGN AND THAT SMARTMLS SIGN WOULD NOT PROVIDE YOU A LICENSE TO ACCESS OR USE SMARTMLS SIGN WITHOUT SUCH LIMITATIONS.
13.4 APPLICATION; LIMITATIONS AND EXCLUSIONS:
13.4.01 THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS ARTICLE 13 APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ARTICLE 14 INDEMNIFICATION:
14.1 INDEMNIFICATION OBLIGATION:
14.1.01 To the extent permitted by applicable law, You agree to indemnify and hold harmless SmartMLS Sign, its licensors and its affiliates, and each of their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any third-party claims, demands, actions, or proceedings to the extent arising out of or relating to:
(a) Your breach of these Terms, including without limitation, Section 6.2 (PROHIBITED TECHNICAL MISUSE AND CIRCUMVENTION) and Section 6.3 (INTELLECTUAL PROPERTY RIGHTS; COPYRIGHTED CONTENT AND USER AUTHORIZATION), or Your breach of the applicable Consumer Disclosure;
(b) any documents, Records, Electronic Signatures, content, or data uploaded, transmitted, executed, or otherwise made available by You through SmartMLS Sign; or
(c) any actual or alleged infringement, misappropriation, or violation of any copyright, intellectual property right, proprietary right, or other right of any third party arising from Your use or misuse of SmartMLS Sign.
14.2 DEFENSE AND CONTROL:
14.2.01 SmartMLS Sign may, at its option, assume control of the defense of any indemnified claim, provided that You are not required to indemnify SmartMLS Sign for any settlement or judgment to the extent prohibited by applicable law. You agree to reasonably cooperate in the defense of any such claim.
14.3 SURVIVAL OF INDEMNIFICATION OBLIGATIONS:
14.3.01 This Article 14 shall survive any suspension and/or termination of Your license to access and/or use SmartMLS Sign and/or the expiration or termination of these Terms, to the extent permitted by applicable law.
ARTICLE 15 DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER:
15.1 MANDATORY BINDING ARBITRATION:
15.1.01 Except as expressly set forth in Section 15.6 (Equitable Relief; Intellectual Property Protection), You acknowledge and agree that any dispute, claim, or controversy arising out of or relating to these Terms, Your access to or use of SmartMLS Sign, any Electronic Signing Instance in which You participate, or the relationship between You and SmartMLS Sign shall be resolved exclusively and finally by binding arbitration, and not by a court of law, except as expressly permitted under this Article 15.
15.2 ARBITRATION RULES AND FORUM:
15.2.01 The arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted in accordance with its Consumer Arbitration Rules then in effect, except as modified by these Terms.
15.2.02 The arbitration shall be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitration shall be seated in the State of Connecticut, and procedurally and substantively Connecticut law shall govern the arbitration proceedings, subject to the Federal Arbitration Act.
15.3 INDIVIDUAL PROCEEDINGS ONLY; CLASS ACTION WAIVER:
15.3.01 YOU AND SMARTMLS SIGN AGREE THAT ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
15.3.02 YOU WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, OR RECOVER RELIEF IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, WHETHER IN ARBITRATION OR OTHERWISE.
15.3.03 THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANY PERSON OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.
15.4 WAIVER OF JURY TRIAL:
15.4.01 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SMARTMLS SIGN HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR SMARTMLS SIGN.
15.5 DELEGATION OF AUTHORITY:
15.5.01 The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this Article 15 is void or unenforceable.
15.6 EQUITABLE RELIEF; INTELLECTUAL PROPERTY PROTECTION:
15.6.01 Notwithstanding the foregoing, SmartMLS Sign or its licensors may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or address misuse, security violations, or infringement or misappropriation of intellectual property.
15.7 SURVIVAL OF DISPUTE RESOLUTION PROVISIONS:
15.7.01 This Article 15 shall survive any suspension and/or termination of Your license to access and/or use SmartMLS Sign and/or the expiration or termination of these Terms, to the extent permitted by applicable law.
ARTICLE 16 GOVERNING LAW; EXCLUSIVE FORUM; VENUE; JURISDICTION:
16.1 GOVERNING LAW:
16.1.01 Except as expressly governed by the Federal Arbitration Act with respect to arbitration, these Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, Your access to or use of SmartMLS Sign, or the relationship between You and SmartMLS Sign, shall be governed by and construed in accordance with the substantive and procedural laws of the State of Connecticut, without regard to its conflict of laws principles.
16.2 EXCLUSIVE FORUM FOR NON-ARBITRABLE MATTERS:
16.2.01 To the extent that any dispute, claim, action, or controversy is not subject to mandatory arbitration under Article 15, or to the extent court proceedings are expressly permitted under these Terms (including actions for injunctive or equitable relief pursuant to Section 15.6), such action shall be brought exclusively in the state or federal courts located within the State of Connecticut.
16.2.02 No party may commence or maintain any such action in any other forum or jurisdiction, whether for declaratory relief, injunctive relief, or otherwise.
16.3 CONSENT TO JURISDICTION AND VENUE; WAIVER OF OBJECTIONS:
16.3.01 You irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the State of Connecticut for all actions described in Section 16.2.
16.3.02 You irrevocably waive any objection to the laying of venue in such courts, including any claim that such forum is inconvenient, improper, lacks jurisdiction, or is an improper venue, inconvenient forum, or forum non conveniens.
16.4 ANTI-SUIT; NO PARALLEL PROCEEDINGS:
16.4.01 You agree that You will not commence, participate in, or maintain any action, proceeding, or claim in any forum outside the State of Connecticut with respect to any matter subject to Section 16.2.
16.4.02 You further agree not to seek or obtain any ruling, order, or judgment from any court or tribunal outside the State of Connecticut that would interfere with, restrain, delay, or contradict proceedings properly brought in the courts specified in this Article 16 or arbitration conducted pursuant to Article 15.
16.5 ANTI-CIRCUMVENTION; COORDINATION WITH ARBITRATION:
16.5.01 You agree that no dispute may be brought in any forum or jurisdiction except as expressly permitted by Article 15 and this Article 16. The initiation, maintenance, or prosecution of any action in a forum other than those specified herein shall constitute a material breach of these Terms.
16.5.02 Nothing in this Article 16 shall be construed to limit, undermine, waive, or otherwise impair the enforceability of the binding arbitration agreement, delegation provision, class action waiver, or jury trial waiver set forth in Article 15.
16.6 EQUITABLE RELIEF ENFORCEMENT:
16.6.01 You acknowledge and agree that the courts specified in Section 16.2 are the proper and exclusive forum for enforcement of Section 15.6 (Equitable Relief; Intellectual Property Protection).
16.6.02 You further acknowledge and agree that misuse of SmartMLS Sign, security violations, or infringement or misappropriation of intellectual property would cause irreparable harm for which monetary damages would be inadequate, and that injunctive or equitable relief is an appropriate and necessary remedy in such circumstances.
16.7 SURVIVAL OF GOVERNING LAW AND FORUM PROVISIONS:
16.7.01 This Article 16 shall survive any suspension and/or termination of Your license to access and/or use SmartMLS Sign and/or the expiration or termination of these Terms.
ARTICLE 17 AMENDMENTS; UPDATES; CONTINUED ACCEPTANCE:
17.1 RIGHT TO AMEND; SCOPE OF AMENDMENTS:
17.1.01 SmartMLS Sign reserves the right, in its sole discretion, to modify, amend, update, revise or replace these Terms, in whole or in part, at any time.
17.1.02 Such modifications may include, without limitation, changes to provisions governing access to and use of SmartMLS Sign, licensing, permitted uses, risk allocation, limitations of liability, indemnification, dispute resolution, arbitration, class action waivers, jury trial waivers, forum selection, and governing law.
17.2 EFFECTIVE UPON POSTING:
17.2.01 Unless otherwise expressly stated by SmartMLS Sign, any modification, amendment, update, or revision to, or replacement of these Terms shall be effective immediately upon posting the revised or replaced Terms within SmartMLS Sign or otherwise making them available in connection with Your access to or use of SmartMLS Sign.
17.3 CONTINUED ACCESS OR USE CONSTITUTES ACCEPTANCE:
17.3.01 By continuing to access or use SmartMLS Sign after the effective date of any modification, amendment, update, or revision to, or replacement of these Terms, You acknowledge and agree that such continued access or use constitutes Your acceptance of the Terms as then in effect.
17.3.02 If You do not agree to any modification, amendment, update, or revision to, or replacement of these Terms, You must discontinue access to and use of SmartMLS Sign.
17.4 NO OBLIGATION TO PROVIDE NOTICE:
17.4.01 SmartMLS Sign has no obligation to provide notice of any modification, amendment, update, or revision to, or replacement of these Terms.
17.4.02 You acknowledge and agree that SmartMLS Sign does not maintain, control, or have an obligation to maintain current or reliable contact information for End Users, and that SmartMLS Sign may have no direct or ongoing relationship with You.
17.4.03 Accordingly, You are solely responsible for reviewing the then-current version of the Terms prior to accessing or using SmartMLS Sign. Failure to review the Terms does not relieve You of Your obligation to comply with the Terms as modified, amended, updated, revised, or replaced.
17.5 APPLICABILITY TO DISPUTE RESOLUTION AND RISK ALLOCATION PROVISIONS:
17.5.01 You acknowledge that modifications to these Terms may include changes to provisions governing dispute resolution, arbitration, class action waivers, jury trial waivers, forum selection, governing law, limitations of liability, and indemnification.
17.5.02 Any such modifications shall apply prospectively and to the maximum extent permitted by applicable law.
17.5.03 Nothing in this Article 17 shall be construed to limit or undermine the enforceability of Article 15.
17.6 VERSION CONTROL; GOVERNING VERSION:
17.6.01 The version of the Terms in effect at the time You accept or use SmartMLS Sign shall govern Your use, unless a later modification is expressly stated to apply retroactively and such retroactive application is permitted by applicable law.
17.7 SURVIVAL OF AMENDMENTS; UPDATES; CONTINUED ACCEPTANCE PROVISIONS:
17.7.01 This Article 17 shall survive any suspension or termination of Your license to access or use SmartMLS Sign and/or the expiration or termination of these Terms, to the extent permitted by applicable law.
ARTICLE 18 GENERAL PROVISIONS:
18.1 SEVERABILITY:
18.1.01 If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
18.2 ASSIGNMENT:
18.2.01 You may not assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, whether voluntarily, involuntarily, by operation of law, merger, consolidation, change of control, reorganization, asset sale, or otherwise, without the prior express written consent of SmartMLS Sign.
18.2.02 SmartMLS Sign may assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, without restriction, including in connection with any merger, consolidation, reorganization, sale of assets, change of control, or similar transaction.
18.2.03 Any attempted assignment or transfer in violation of this Section 18.2 shall be null, void, and of no force or effect.
18.3 NO WAIVER:
18.3.01 The failure by SmartMLS Sign to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall any waiver be deemed a continuing waiver of any subsequent breach.
18.3.02 Any waiver must be expressly made in writing and signed by a duly authorized representative of SmartMLS Sign.
18.4 ENTIRE AGREEMENT:
18.4.01 These Terms, together with any documents expressly incorporated by reference, including without limitation, the applicable Consumer Disclosure and Privacy Policy, constitute the entire agreement between You and SmartMLS Sign regarding Your license to access and use SmartMLS Sign and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the subject matter hereof.
18.5 RELATIONSHIP OF THE PARTIES:
18.5.01 Nothing in these Terms shall be deemed or construed to create any partnership, joint venture, agency, fiduciary, employment, or similar relationship between You and SmartMLS Sign. Neither party has any authority to act for, bind, or assume any obligation on behalf of the other, and nothing in these Terms shall be deemed to confer any right, power, or authority to control or direct the conduct of the other.
18.6 FORCE MAJEURE:
18.6.01 SmartMLS Sign shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including without limitation, acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, failures of utilities or communications network outages, or any failure of any third-party service provider.
18.7 HEADINGS; INTERPRETATION:
18.7.01 Section headings are provided for convenience only and shall not affect the interpretation of these Terms. The words “including” and “without limitation” shall be construed as illustrative and not limiting.
18.8 ELECTRONIC FORM; EXECUTION:
18.8.01 These Terms are entered into and consented to electronically. Your electronic acceptance, access to, or use of SmartMLS Sign constitutes execution of these Terms and has the same legal effect as a handwritten signature.
18.9 SURVIVAL:
18.9.01 Any provision of these Terms which by its nature or intent should survive termination or expiration of these Terms shall survive, including without limitation, Articles 5, 8, 10, 11, 12, 13, 14, 15, 16, 17, and 18.
ARTICLE 19 CONTACT INFORMATION; COMMUNICATIONS; LEGAL NOTICES:
19.1 CONTACT; SCOPE OF COMMUNICATIONS: Questions regarding these Terms or the operation of SmartMLS Sign as a software application may be directed to SmartMLS Sign at the following email address: smartmlssign@smartmls.com
19.2 ELECTRONIC SIGNING INSTANCE RELATED INQUIRIES: All questions, requests, or communications relating to any Electronic Signing Instance, Electronic Record, document, transaction, content, or the substance, accuracy, legality, or effect thereof, including without limitation, questions regarding document terms, required actions, deadlines, or corrections, must be directed solely to the applicable Sender and not to SmartMLS Sign. SmartMLS Sign does not review, manage, interpret, or respond to inquiries regarding the content or status of documents or Records and disclaims all responsibility for such matters.
19.3 NO LEGAL NOTICE; NO SERVICE OF PROCESS: Communications sent to SmartMLS Sign under this Article 19 are for informational purposes only and shall not constitute legal notice, service of process, or formal notice under these Terms or applicable law, unless expressly stated otherwise by SmartMLS Sign in writing. Nothing in this Article 19 designates or authorizes email or other informal communications as a method for providing legal notice to SmartMLS Sign. Any legal notice or service of process must be effected solely through the formal dispute resolution mechanisms set forth in Articles 15 and 16, as applicable.
Published: 01/01/2026 12:01AM EST
Effective : 01/01/2026 12:01AM EST
Version : v.01.01.001
