MetroList Terms of Use AGREEMENT
AGREEMENT AND DEFINITIONS
By accessing and using this Internet web
site (the "Site"), you agree to be bound by
this Terms of Use Agreement (the "Agreement"). Use of the Site is
contingent upon agreement to and compliance with this Agreement. If you reject
this Agreement in any respect, you are not authorized to use the Site. This
Agreement does not pertain to links to any other websites. It does not pertain
to other services or applications on any other real estate professional's or
real estate organization's web site or mortgage professional’s or mortgage
professional organization’s web site or any advertiser’s web site. The term
“Content” as used in this Agreement means the materials, information, images,
data, text, graphics, files, photographs, software accessible at, contained
within or displayed at the Site. Persons who access and/or use the Site or the
Content are collectively referred to in this Agreement as “Users,”
and each is individually referred to as a “User.” The term “Subscribers”
(singularly, “Subscriber”) means those real estate professionals who have
entered into subscriber agreements with MetroList Services, Inc., a California
corporation (“MetroList”) for authorized access to and use of the multiple
listing service owned and operated by MetroList (the “MLS.”) The Subscriber who
operates the Site is referred to herein as the “Site Operator.”
SERVICES PROVIDED
The Site enables Users to search and view a selected portion of the information
contained within the MLS, which generally consists of information and
photographs relating to real estate that is listed for sale with real estate
broker Subscribers within the geographical area
covered by the MLS.
USE AND LIMITATIONS
OF USE
Access to and use of the Site and the Content is contingent upon agreement and
compliance with the terms and conditions of this Terms of Use Agreement. If you
reject any of such terms and conditions, you are not authorized or licensed to
use the Site or the Content. The Site and the Content are only to be used to
facilitate the purchase, sale or lease of real estate. User agrees to use the
Site and the Content for his or her own personal, private, and non-commercial
use solely for the purpose of identifying prospective properties that are being
offered for sale and/or that User may be interested in purchasing or leasing.
User agrees not to modify, distribute, publish, re-use, re-display in another
Web page/Web site/Site, create any derivative works from, transfer or sell any
of the Content. Users further agree not to copy, reproduce, or transmit any of
the Content. Users may not create links
to or frame the Site without the prior written permission of Site Operator and MetroList.
Neither the Site nor the Content is to be used for the purpose of
screen-scraping or data-scraping or any other unauthorized purpose. User agrees
that he or she will not, absent the separate prior written permission of Site
Operator and MetroList, access or attempt to access any information available
at or through the Site that is password-protected or is otherwise not generally
available to the public. User agrees not to use the Site in any way that would
disable, overburden, damage or impair the use of the
Site. The use restrictions set forth in
this paragraph shall not apply to Subscribers, who may use the Site and the
Content subject to and in accordance with the MetroList® Multiple Listing
Service Rules and such written license agreements as are in effect from time to
time.
RIGHTS AND
OWNERSHIP
User acknowledges and agrees that the Content is owned and copyrighted or
licensed by MetroList, © MetroList Services, Inc., 2006. No rights to the
Content, the MLS or any third party information or other materials are
transferred to the Users of the Site. No reproduction, distribution, or
transmission of the copyrighted or proprietary information or materials on the
Site is permitted without the prior written permission of MetroList. To the
full extent of applicable laws, all rights are reserved by MetroList with
respect to the Content. User acknowledges that MetroList shall have the right
to separately enforce the provisions of this Agreement with respect to the
Content and any other matters that pertain to MetroList’s rights and interests
as they relate to the Site and the use thereof.
DISCLAIMER
The Content is provided on an "as is" and "as available"
basis without warranties of any kind, whether express or implied. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OPERATOR AND
METROLIST DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. Neither Site Operator nor MetroList represents or
warrants that the Content and/or capabilities provided by the Site will be
uninterrupted or error free, that defects will be corrected or that the Site or
the server that makes the Site available are free of viruses or other harmful
components. Neither Site Operator nor MetroList warrants or makes any
representation regarding the use or results of the use of the materials
provided at the Site in terms of their correctness, accuracy, reliability or otherwise. Neither Site Operator nor
MetroList is responsible for the accuracy or completeness of the Content,
including but not limited to broker information, MLS information, sales
information, listing information or other information provided, appearing on or
made available through the Site. Such information has been provided by
independent third parties, who are solely responsible for their content. Site
Operator is not responsible for any links to third party web sites contained on
this Site. Neither Site Operator nor MetroList is responsible for the content
of any third party websites nor do either of them warrant or endorse any of the
content found therein. Information, access or use of a third party website is
done solely at the User's own discretion and risk. The Site is operated for the purpose of
facilitating sales or leases of properties by or to persons located in
California, and neither Site Operator nor MetroList makes any
representation that the Content is appropriate or available for use in other
locations or that it is legal or permissible to access the Site or use the
Content from or in other states, countries, territories or locations. Users who
choose to access this Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws regarding the
transmission of technical data exported from the
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SITE
OPERATOR OR METROLIST BE LIABLE, WHETHER BASED IN CONTRACT OR TORT, FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR
NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST
PROFITS, LOST SAVINGS, LOST OPPORTUNITIES TO BUY OR SELL PROPERTY, OR OTHER
DAMAGES THAT MAY ARISE OUT OF THE USE OF OR THE INABILITY TO USE, THE CONTENT
AND/OR CAPABILITIES OF THIS SITE, EVEN IF SITE OPERATOR, METROLIST AND/OR ANY
AUTHORIZED REPRESENTATIVE OF EITHER OF THEM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Any software, information, content, or material of any kind
downloaded or otherwise obtained through the use of the Site is done at the
User’s own discretion and risk, and each User will be solely responsible for
any damage to its computer Site or loss of data that results from such download
or use of the Content and/or capabilities of this Site.
CONTENT RULES AND
REGULATIONS
The Site and the Content are provided solely for the personal, non-commercial
use of Users who have a good faith interest in purchasing or leasing listed
properties of the type displayed to them, and may not be used for any purpose
other than to identify prospective properties which a User has a good faith
interest in selling, purchasing or leasing. The information is deemed reliable
but not guaranteed and should be independently verified. All properties are
subject to prior sale, change or withdrawal. Neither Site Operator, MetroList
nor any Subscribers, including their respective officers, directors,
shareholders, employees, agents, partners, affiliates, and contractors, shall
be responsible for any typographical errors, omissions, misinformation, or
misprints and shall be held totally harmless from any claims or liabilities
arising from the access to or use of this Site or the Content by Users. All
parties disclaim any and all representations and warranties as to the accuracy
of the property listing data and information set forth within the Content.
INDEMNIFICATION
Each User shall indemnify, defend, and hold harmless Site Operator, MetroList,
and their respective officers, directors, shareholders, employees, agents,
partners, affiliates and contractors from and against any and all claims,
actions, liabilities, damages, and expenses, including, without limitation, reasonable
attorneys' fees and court costs, (a) arising from the violation of any of the
terms and conditions of this Agreement by the User; (b) arising out of the
unavailability, inaccuracy or incompleteness of the Site or the Content; and
(c) arising out of the Users' access to or use or misuse of any of the Content
contained within or displayed at the Site.
UNAUTHORIZED ACCESS
OR MISUSE OF SITE
Any violation or non-compliance with this Agreement will be considered
unauthorized use of the Site. Any unauthorized
access, use or misuse of the Site will result in termination of the User’s
license to access and use the Site. Site Operator and/or MetroList reserve the
right, jointly or separately, to prosecute and/or pursue monetary damages and
other appropriate relief, including but not limited to injunctive relief, as a
result of any unauthorized access, use or misuse of this Site.
RIGHT TO MAKE
CHANGES, IMPROVEMENTS OR MODIFICATIONS
Site Operator and/or MetroList reserve the right to make changes, modifications
or improvements to the Site and/or Content as they deem appropriate in their
sole discretion at any time and without prior notice to or approval by any User
of the Site. The right is further reserved to modify this Terms of Use
Agreement at any time.
SITE AND SITE
AVAILABILITY
The Site is made available on an "as available" basis. Site Operator
and/or MetroList reserves the right to make the Site unavailable or take the
Site down without notice as may be required or desired to make modifications, to
protect the capability or integrity of the Site or for any other reason in Site
Operator’s and/or MetroList’s sole discretion.
TERMINATION OF USE
In the event of any unauthorized access, use or misuse of the Site or the
Content, the User agrees to immediately cease accessing and/or using the Site
and the Content for any purpose. A User’s ability to access or use the Site
and/or Content may be immediately suspended or terminated in the event of any
unauthorized access, use or misuse of the Site or the Content.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of California,
without regard to its conflict of laws provisions. The venue in any action
brought to enforce or arising from this Agreement or User’s access to or use of
the Site shall be in a federal or state court in Sacramento County, California.
BY ACCESSING THIS SITE, THE USER ACKNOWLEDGES THAT IT HAS READ OR HAD THE
OPPORTUNITY TO READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS. IF ANY OF THE PROVISIONS OF THIS AGREEMENT ARE HELD
INVALID OR UNENFORECABLE BY A COURT OF LAW WITH JURISDICTIONS OVER SUCH MATTER,
SUCH PROVISIONS WILL BE DELETED FROM THIS AGREEMENT AND THE REMAINING
PROVISIONS WILL REMAIN BINDING AND ENFORCEABLE. EACH USER ACKNOWLEDGES AND
REPRESENTS THAT SUCH USER HAS READ AND AGREES WITH TERMS OF THE PRIVACY POLICY
AVAILABLE ON THIS SITE.