THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE", "TOS") GOVERN YOUR USE OF THIS WEBSITE AND RELATED SERVICES PROVIDED BY MLSLISTINGS INC. (“MLSLISTINGS”). PLEASE READ THE “TOS” CAREFULLY BECAUSE IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND MLSLISTINGS. BY USING OR LOGGING INTO THE SITE, YOU ARE AGREEING TO THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS YOU ARE NOT PERMITTED TO USE THE WEBSITE OR SERVICES.
1. General Information
Welcome to MLSListings. MLSListings is a Northern California regional Multiple Listing Service. It provides tools for licensed real estate professionals to manage listings, search for property, and create reports. Access to the MLS Content (defined below) is provided through the Internet via end-user web-based software designed specifically for real estate professionals ("Service"). In addition, MLSListings makes available a portion of the Service accessible to the general public without a subscription.
The following Terms of Service, together with any documents they expressly incorporate by reference collectively, govern your access to and use of our Web sites and the related Service offered by MLSListings (collectively, the “Site”), including any content, functionality and services offered on or through the Site, whether as a guest or a user. "We," "us" and "our" means MLSListings and its affiliates.
When using MLSListings services, you are subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MLSListings may offer other services from time to time that may be governed by different Terms of Service.
Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new MLSListings properties, will be subject to these TOS. You are responsible for obtaining access to the Service. Access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
PLEASE BE ADVISED THAT MLSLISTINGS DOES NOT: (A) REPRESENT INDIVIDUALS OR ENTITIES IN PURCHASING, SELLING OR LEASING, OR OTHERWISE AQCUIRING OR DISPOSING OF REAL ESTATE; (B) MAKE, SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST INDIVIDUALS OR ENTITIES IN OBTAINING LOANS TO PURCHASE REAL ESTATE; OR (C) PROVIDE LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH REAL ESTATE TRANSACTIONS. INDIVIDUALS AND ENTITIES SEEKING THESE TYPES OF SERVICE SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
2. Grant of License
MLSListings hereby grants you a limited, revocable, non-exclusive license to use the portions of the Site to which you have been provided access, solely in accordance with and subject to these TOS. MLSListings reserves all rights not expressly granted to you in these TOS.
4. No Liability for Content
"MLS Content" means any documents, materials and images compiled by MLSListings and made available on the Site, including but not limited to listing data, text, graphics, files, photos, software, audio, video, trademarks and copyrightable materials. MLSListings does not control the information posted via the Service. Accordingly, MLSListings assumes no responsibility for and does not warrant or guarantee the completeness, accuracy, integrity, quality or reliability of any MLS Content included in the Service. Under no circumstances will MLSListings be liable in any way for any content, including but not limited to, for any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted or otherwise made available via the Service. The Site may contain robot exclusion headers. You acknowledge that you may not rely on MLS Content created or provided by MLSListings.
5. Third Party Content, Product and Services
This Site may contain content that is owned or licensed by a third party. MLSListings is not responsible for, and does not warrant or guarantee the completeness, accuracy or reliability of such third party content. The existence of third party content on this Site is not and should not be construed as our endorsement, approval or sponsorship of the third party or its content unless expressly indicated. You may be subject to additional terms and conditions that may apply when you use the products and/or services of a third party. We are not responsible for any loss or damage of any sort sustained from any dealings between you and a third party or from the inclusion or presence of such third party on the Site.
This Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MLSListings has no control over such sites and resources, you acknowledge and agree that MLSListings is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that MLSListings will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
You agree to indemnify and hold MLSListings and its subsidiaries, affiliates, officers, agents, directors, employees, co-branders or other partners and vendors harmless from any claim, action or demand, loss, costs and expense, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service or your violation of any rights of another, or any negligent acts or omissions of you or your agents or contractors.
8. No Resale of Service
You agree not to modify, reproduce, duplicate, copy, sell, resell or exploit the Service for any commercial purposes, or create Derivative Works from the Service or any portion thereof, without our prior written consent. "Derivative Work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a "derivative work."
9. Modifications and Termination of Service
MLSListings reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site with or without notice. You agree that MLSListings will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
10. Intellectual Property Rights
The Site and MLS Content are owned by MLSListings, its licensors or other providers of such material and are protected by international, federal, state and local copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the MLS Content is expressly prohibited.
If you believe that your intellectual property rights have been violated by MLSListings or by a third party who has uploaded content on our Site, please provide the following information to the designated copyright agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, a telephone number and an e-mail address where MLSListings can contact you and, if different, an e-mail address where the alleged infringing party, if not MLSListings, can contact you;
4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
6. Your electronic or physical signature.
MLSListings may request additional information before removing any infringing material. MLSListings may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
MLSListings has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c).
If you wish to notify us of Content or postings on this Site that may result in copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512 or other intellectual property infringement, please mail your notification to Legal Department, MLSListings Inc. 740 Kifer Road, Sunnyvale, CA 94086 or e-mail your notification to our designated agent at firstname.lastname@example.org.
11. Trademark Information
MLSListings, MLSListingsMLSListingsMLSListings.com, the MLSListings logo, and other MLSListings logos, product and service names are trademarks and service marks of MLSListings (the "MLSListings Marks"). You agree not to display or use in any manner, the MLSListings Marks without MLSListings’ prior permission.
12. Disclaimer of Warranties
YOUR USE OF AND RELIANCE UPON THE SERVICE, THIS SITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MLSLISTINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MLSLISTINGS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. ANY MATERIAL YOU OBTAIN THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MLSLISTINGS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. Limitation of Liability; Remedies
YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEITHER MLSLISTINGS NOR ITS SUPPLIERS OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MLSLISTINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM: a. THE USE, RELIANCE, OR THE INABILITY TO USE THE SERVICE OR CONTENT; b. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; c. ANY ERROR OR OMISSION; OR d. ANY OTHER MATTER RELATING TO THE SERVICE.
14. Exclusions and Limitations
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 12 AND 13 MAY NOT APPLY TO YOU.
15. Interruption of Service
The Site and access to the content of the Site may from time to time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for service or changes to the Site, or otherwise. You agree that we will have no liability of any nature to you or any third party for any modifications to the Site, and any interruption or unavailability of access to the Site or its content.
MLSListings may make changes to the TOS from time to time, without notice. The Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
17. Additional Details
These TOS govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use other MLSListings services, affiliate services, third-party content or third-party software.
The TOS and the relationship between you and MLSListings are governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
The failure of MLSListings to exercise or enforce any right or provision of the TOS is not a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
We reserve all rights not expressly granted or addressed herein.