|
ACCEPTANCE OF TERMS These Terms of Use constitute a legal agreement between you and State Listings, Inc., owners of NY State MLS (www.nystatemls.com), LA State MLS (www.LAStateMLS.com) and My State MLS (www.mystatemls.com) hereinafter called the MLS. This is an abridged version for users with little or no knowledge of legal jargon. The full Terms of Use supersedes this agreement. Anytime the word "us" or "we" are used, it is referring to the MLS, and "you" refers to any user. By accessing, posting information on, accessing information from, or using this site in any way, you agree that you are 18 years of age or older, and have the right, power, and authority to agree to be bound by these Terms of Use. Otherwise, you cannot access, post information to, or access information from this site (unless you have a signed document stating otherwise). The MLS has the right to change these conditions at any time, so it is your duty to review this agreement on a regular basis.The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the MLS web site is subject to the following terms and conditions (the "Terms of Use" or the "Agreement"). By SUBMITTING INFORMATION to, accessing information from, and simply using this Site (or any part thereof), YOU, the end user customer ("Customer") AGREE to be legally bound by the following Terms of Use as we may modify them from time to time. These Terms of Use apply to your use of this Site, including the MLS services offered via the Site. They constitute a legal contract between you and the MLS, and by accessing or using any part of the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not submit information to, or access information from, the Service. Notwithstanding anything to the contrary herein, if you and the MLS have entered into a separate written agreement that covers your use of a the MLS service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use. MODIFICATIONS OF THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Services The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the "Content") are proprietary to the MLS and its licensors, and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of real estate information, which, by way of example, include information, text, photographic and other images and data contained therein (collectively, the "Information") and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Product". Those portions of the Product that may be accessed by the general public and that do not require any use of Passcodes (as defined below) are referred to as the "Non-Passcode Protected Product" ("Public Search"). Those portions of the Product that require use of Passcodes for access and are available only to individuals or entities ("the MLS Clients"), or those acting through them, who enter into a License Agreement (as defined below) with the MLS that authorizes access to such the MLS service are referred to as the "Passcode Protected Product". The Passcode Protected Product is used for members and subscribers only. A "License Agreement" is defined as either (i) a written hand-signed contract between a the MLS member or subscriber and the MLS that authorizes access to the MLS service, or (ii) an online contract between the MLS Client and the MLS that is formed by online registration and acceptance of these Terms of Use and that authorizes access to a the MLS service. If you do have a Passcode Protected Product, it is your responsibility to protect your account username and password, and any loss or damage incurred is your responsibility. MEMBERSHIP PRIVILEGES/SUBSCRIPTIONS Only Authorized Users for a Passcode Protected Product may access such product and they may access it solely using the username, password (Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. The MLS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information). No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the MLS web site without express written permission from the MLS. By providing your email address, you grant the MLS permission to use it for the purpose of communication.We will try to honor your requests to opt out of marketing messages, but we have no liability if you do receive these types of messages. The MLS utilizes email as a vital and primary communication channel with members, subscribers and users of this site. As a registered user, you hereby acknowledge and grant the MLS the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes the MLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. CONTENT Content submitted to this site is the sole responsibility of the person from which the content originated. We are NOT responsible for the content on this site, and cannot ensure that it is entirely accurate, but we reserve the right to approve content, and delete or refuse any content available through the site. We will do our best to ensure accurate information, but you understand that content may insult you in some manner, or may be inaccurate.. If you provide content, we acknowledge that you retain rights to this content, but once again it is solely your responsibility. With the content your provide, you give us and our affiliates a right and license to use worldwide, and/or to incorporate in other works in the future that may not be known to us now. You also agree that you have the rights of any content you provide to be listed on our site (see "Submission and Administration of Listings" in the Terms of Use to learn more about posting photographs and other media).We can remove content if we feel it violates this Agreement, or we have the right to ask you for proof of ownership. You agree to post accurate contact information in order to submit and maintain active property listings on this site. We have the sole authority to choose the manner in which property is searched and displayed, and we have the right to modify these listings. You (a) represent and warrant that all properties and associated information provided will be accurate; (b) agree to not permit the posting of a property on this site under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agree to administer the properties provided and maintain their accuracy at all times. Furthermore, we have no responsibility to maintain copies of data posted on the site, it is your responsibility to maintain back-up copies of this data. INFORMATION USE You agree that all information obtained from this site is proprietary to the MLS. All information in the passcode protected area is confidential and protected as a trade secret of the MLS. Before acting on any information provided on this site, make sure to consult an appropriate professionally because no content here constitutes advice. You also agree to not attempt to reverse engineer our software, or use our services in an unlawful manner. If you violate these terms we will seek criminal charges). Prohibited Uses You shall not, without express written permission(a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Product, or (b) modify or create derivative works of any portion of the Product. Notwithstanding anything to the contrary herein, you shall not: 1. Access any portion of a Passcode-Protected Product unless you are an Authorized User for such Passcode-Protected Product using the Passcodes assigned to you by the MLS to access the components and services of the Passcode-Protected Product that your License Agreement authorizes you to access, subject to the terms contained therein and in these Terms of Use; 2. Access or use any portion of the Product if you are a direct or indirect competitor of the MLS, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of the MLS (by way of example, a "direct or indirect competitor" of the MLS includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors and agents of such services); 3. Use or distribute any Information from the Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; 4. Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product; 5. Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available; 6. Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above; 7. Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients; 8. Upload, post, email or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner, that violates the "Conduct" section of these the Terms of Use; 9. Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and 10. Use any portion of the Product to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam or privacy laws. 11. Export content on this site to any country embargoed by the United States of America. Furthermore, third-party features or functionalities may be accessed when on this site. We are completely independent of all third-parties, and the Internet as a whole. Any of your interactions with individuals found on this site is your sole responsibility (including any viruses you may receive as a result of these third-parties). You agree that we are not liable for any loss or damage incurred as a result of any third-party dealings. In addition, you may put our link on another site, but agree to take it down immediately at our request. We are not affiliated with any site that our link is provided on. PAYMENT TERMS You agree to pay for all products ordered through this site, using the payment method indicated, and agree to allow us to charge you at the time of renewal. Any fees incurred as a result of collection of delinquent undisputed amount is your responsibility. We can cease service if fees are not paid, at any time. Monthly subscription fees are non-refundable no matter what. Yearly fees are discounted and not refundable. Partial refunds can be offered at the sole discretion of the MLS. THIRD PARTY CONTENT, SITES, AND SERVICES The MLS site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the MLS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the MLS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the MLS is under no obligation to become involved. When you click on a link that leaves the MLS site, the site you will land on is not controlled by the MLS and different terms of use and privacy statements may apply. the MLS also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto. PAID ADVERTISING Advertisement subscription rights cannot be transferred in any way you anyone other than the subscribing individual without our written permission. We can change these privileges at any time. We can also refuse to provide service to anybody with delinquent charges that remain unpaid. These subscriptions will automatically renew at the prevailing week cost and the credit card number provided for initial payment. The same credit card change policy is used for any cancellation of subscriptions as that of membership. Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the MLS Web site three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with the MLS. If Customer has a question about a cancellation, Customer should contact the MLS Client Services at office@mystatemls.com The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. If you are accessing the Passcode Protected Product, you agree: (1) to provide the MLS with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable license fees or other fees incurred by your use of the Passcode-Protected Product. It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Update Member Information" tab within the "My Account - Company Information" section, once Customer has logged into the MLS. The MLS does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify the MLS about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to the MLS's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED. State Listings, Inc. and the MLS is not responsible in any way for the performance of any advertiser, nor are we endorsing or recommending any advertiser on this site. Termination the MLS reserves the right to terminate a Customer's membership at any time, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, remove and discard any Content within the Service, or otherwise terminate your access to or use of the Service or Product (or any part thereof), immediately and without notice, for any reason (especially if you have acted inconsistently with this Terms of Use) and the MLS shall have no obligation to maintain or forward any content in your account. Further, you agree not to attempt to use the Service after said termination. If you cause any technical disruption of this site/product, you agree to be responsible for all liabilities, costs and expenses arising from or related to this disruption. NO SPAM POLICY In the event that occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from the MLS, certify, in writing, your compliance with this provision. If you are a MLS member or subscriber, your License Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or nonrenewal of your License Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from the MLS, certify, in writing, your compliance with this provision. the MLS has the right to revoke the privileges of any customer or company that breaches these terms. Any unauthorized use of the MLS computer systems is a violation of these Terms and certain federal and state laws. Ownership and License Grant the MLS retains all rights (including Intellectual Property Rights as defined below), title and interest in the MLS Web site, database, the MLS technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the MLS's technology or delete or alter author attributes or copyright notices. Customer shall use the MLS system solely for their own use and shall not allow others to use the MLS system under or through that Customer's login ID/email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. Warranty Disclaimers ALTHOUGH the MLS MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". THE MLS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE " the MLS PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE MLS PARTIES MAKE NO WARRANTIES. THE MLS RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE OR THE LICENSE AGREEMENT. THE LISTINGS, SERVICE, RECENT SALES INFORMATION, AND THE MLS MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE MLS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENT SALES INFORMATION, OR THE MLS MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND the MLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. the MLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO the MLS'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM the MLS'S WEB SITE, INCLUDING LISTINGS, SERVICE, RECENT SALES INFORMATION AND THE MLS MARKET REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK.. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM the MLS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THE THE MLS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE THE MLS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, the MLS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE THE MLS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MLS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE the MLS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE the MLS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MLS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE the MLS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability and Indemnification YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE the MLS PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT. IN ADDITION, IF YOU HAVE NOT PAID ANY FEES TO the MLS TO ACCESS THE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE MLS PARTIES SHALL BE LIABLE FOR ANY DIRECT DAMAGES ARISING FROM, RELATING TO OR RESULTING FROM THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE the MLS PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A SEPARATE LICENSE AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO the MLS UNDER THE RELEVANT LICENSE AGREEMENT BETWEEN THE RELEVANT the MLS CLIENT AND the MLS DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE the MLS CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES. UNDER NO CIRCUMSTANCES WILL ANY OF THE MLS PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF THE MLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS. NONE OF THE MLS PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND the MLS'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT. ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. IN NO EVENT SHALL MLS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF the MLS'S SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy and the MLS's entire liability under this Agreement shall be a refund to Customer of the fees paid to the MLS hereunder, and in no event will the MLS's liability for any reason exceed such fee. the MLS (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify the MLS (and the MLS's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you. Your Liability If you cause a technical disruption of the Product, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys' fees and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use or a separate License Agreement, the MLS's remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Product or any portion thereof and permanent deletion or destruction of all portions of the Product within your possession, custody or control. If the MLS retains any third party to obtain any remedy to which it is entitled under these Terms of Use or a separate License Agreement, the MLS shall be entitled to recover all costs, including attorney's fees or collection agency commissions, the MLS incurs. Indemnity You agree to indemnify, defend, and hold harmless the MLS Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or a separate License Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. The MLS and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of the MLS and any such third party. PRIVACY AND INFORMATION DISCLOSURE The MLS has established a Privacy Policy to explain to users how their information is collected and used, which is located at Your use of the MLS website or the Service signifies acknowledgement of and agreement to our Privacy Policy.
CONDUCT You agree not to post, email, or otherwise make available Content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; that is pornographic or depicts a human being engaged in any sexual conduct; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract. that impersonates any person or entity, including, but not limited to, MLS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if: posted in areas of the MLS the MLS sites which are not designated for such purposes; or emailed to the MLS the MLS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as allowed in "services"; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by the MLS; post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; post the same item or service in more than one classified category or forum, or in more than one metropolitan area; attempt to gain unauthorized access to the MLS's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MLS website; or use any form of automated device or computer program that enables the submission of postings on the MLS without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. use any form of automated device or computer program ("flagging tool") that enables the use of the MLS's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms of Use; See the Terms of Use for "Warranty Disclaimers," what to do if you are a "Posting Agent," and "Miscellaneous" Terms of Use. Also, see the Privacy Policy to understand how information is collected and used. Once again, these terms of use are superseded by the full terms of use that can be found here! Maps and Directions Disclaimer THESE MAPS/DIRECTIONS ARE INFORMATIONAL ONLY. NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THEIR CONTENT, ROAD CONDITIONS OR ROUTE USABILITY OR EXPEDITIOUSNESS. USER ASSUMES ALL RISK OF USE. the MLS AND THEIR SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DELAY RESULTING FROM SUCH USE. POSTING AGENTS A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on the MLS's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from the MLS. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from the MLS. Cookies Some areas of this Product use and require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Product. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Product. Trademarks The Product employs various trademarks and service marks of the MLS and or of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. Copyright Complaints If you believe that your work has been copied onto the MLS in a way that constitutes copyright infringement, please provide the MLS's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the MLS that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the MLS, with identifying information for the listing, if applicable; Your address, telephone number, and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Email: office@mystatemls.com We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content. Export Restrictions Those who choose to access the Product or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Product except in full compliance with all United States laws and regulations, this Terms of Use, and, if applicable, the associated License Agreement. In particular, no portion of the Product may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. Governing Law and Jurisdiction The MLS is headquartered in the State of New York of the United States. These Terms of Use and your use of this Product shall be governed by the laws of the State of New York without regard to its conflicts of laws principles. The federal and state courts located in the State of New York shall be the exclusive jurisdiction for any action brought against the MLS in connection with these Terms of Use or use of the Product. You irrevocably consent to the jurisdiction of the federal and state courts located in the State of New York, and to the jurisdiction of the federal and state courts located in any State where you are located, for any action brought against you in connection with these Terms of Use or use of the Product. NOTICE -- U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States This Site contains commercial technical data and computer software that have been privately developed and are normally vended commercially under a license or lease agreement restricting their use, disclosure and reproduction. In accordance with FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102 and 252.227-7015, as well as other applicable supplemental agency regulations, use, reproduction, disclosure and dissemination of this commercial technical data and computer software are governed strictly in accordance with the MLS's commercial license agreements, including these Terms of Use. Waiver and Severability The failure of the MLS to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect. Miscellaneous These Terms of Use contain the entire understanding of the parties with respect to the Product and supersede any prior oral or written statements and documents with respect to such subject matter; provided, that these Terms of Use do not supersede any written license agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of the MLS. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. No waiver by the MLS of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. These Terms of Use apply to your use of the Product and not to any other areas, including, without limitation, the MLS's research activities. Headings are for reference only. Entire Agreement The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. Web Design This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The images cannot be downloaded or used without prior consent. If you wish to use an image please contact us. Thank you for visiting our Site!
Updated: June 15, 2017 Information Required
|