Terms of Service
1. ACCEPTANCE OF TERMS
MLSHomesListings.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You should review these TOS from time to time to keep yourself informed of any amendments or additions. In addition, when using particular MLSHomesListings.com services, you and MLSHomesListings.com shall be subject to any posted guidelines or rules applicable to such services which may be posted on this web site from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By accessing and using this Web site you are deemed to have read, understood and agreed with the terms and conditions as set out herein.
1. Information MLSHomesListings.com collects and tracks
MLSHomesListings.com provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You should review these TOS from time to time to keep yourself informed of any amendments or additions. In addition, when using particular MLSHomesListings.com services, you and MLSHomesListings.com shall be subject to any posted guidelines or rules applicable to such services which may be posted on this web site from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By accessing and using this Web site you are deemed to have read, understood and agreed with the terms and conditions as set out herein.
2. DESCRIPTION OF SERVICE
MLSHomesListings.com will provide
users with access to online services to help enrich the process of relocating
which includes, but is not limited to, home buying and selling services,
moving, home financing, insurance and travel. The Services accessed through
this Web site are available only in those provinces, territories, and states
in the United States of America, Canada and other parts of the World where
they may be legally offered by MLSHomesListings.com. MLSHomesListings.com
does not offer these Services where they conflict with any state, local
or federal law.
If, in order to use the Service, you must obtain access to the World Wide Web, then you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, if nrcessary.
4.PRIVACY POLICY
Registration Data and certain other information
about you is subject to our
Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you receive a password
and account designation upon completing any registration forms, you
are responsible for maintaining its confidentiality and fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify MLSHomesListings.com of any unauthorized use of
your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. MLSHomesListings.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. VISITOR CONDUCT
You understand that all information, data,
text, software, music, sound, photographs, graphics, video, messages, or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person or organization from
which such Content originated. This means that you, and notMLSHomesListings.com,
are entirely responsible for all Content and Services that you upload, post,
email, or otherwise transmit via the Service. You understand that by using
the Service, you may be exposed to Content and Services that may be offensive,
indecent, or objectionable. Under no circumstances will MLSHomesListings.com
be liable in any way for Content. This includes, but is not limited to any
errors or omissions in any Content and any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, or otherwise transmitted
via the Service.
a. Upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to,
a MLSHomesListings.com official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. Upload, post, email, or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
f. Upload, post, email, or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright, or other proprietary
rights ("Rights") of any party;
g. Upload, post, email, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose;
h. Upload, post, email, or otherwise transmit any material 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;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies, or
regulations of networks connected to the Service;
k. Intentionally or unintentionally violate any applicable local, state,
national, or international law including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, and any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
l. "Stalk" or otherwise harass another; or
m. Collect or store personal data about other users.
You acknowledge that MLSHomesListings.com does not pre-screen Content, but that MLSHomesListings.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service. Without limiting the foregoing, MLSHomesListings.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and holdMLSHomesListings.com,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post to, or transmit through the Service, out of your use of
the Service, out of your connection to the Service, out of your violation
of the TOS, or out of your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell, or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
MLSHomesListings.com reserves
the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice.
You agree that MLSHomesListings.com shall not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Service.
11. TERMINATION
You agree thatMLSHomesListings.com, in its
sole discretion, may terminate your password, account (or any part thereof),
or use of the Service, and may remove and discard any Content within the
Service, for any reason including, without limitation, for lack of use or
if MLSHomesListings.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. MLSHomesListings.com may also in its
sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and you acknowledge and agree thatMLSHomesListings.com
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or
the Service. Further, you agree that MLSHomesListings.com shall not be liable
to you or to any third-party for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such advertisers.
You agree that MLSHomesListings.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
13. LINKS
The Service or third parties may provide links to
other Internet, World Wide Web or Wireless sites or resources. BecauseMLSHomesListings.com
has no control over such sites and resources, you acknowledge and agree
thatMLSHomesListings.com 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, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and agree
that MLSHomesListings.com shall 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, goods or services
available on or through any such site or resource.
14. PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by MLSHomesListings.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works based on
the Service or the Software, in whole or in part. MLSHomesListings.com grants
you a personal, non-transferable, and non-exclusive right and license to
use the object code of its Software on a single computer and or wireless
device; provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble,
or otherwise attempt to discover any source code and provided that you do
not (and do not allow any third party to) sell, assign, sublicense, grant
a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any unauthorized manner or form
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is authorized by or provided by MLSHomesListings.com for use in accessing
the Service.
15. FEE INFORMATION
Any and all incentives resulting or arising
out of the use of this Service are only payable upon the completion of a
transaction contemplated by the referral and completion of all obligations
to all parties by the referral agent. In the event the agent does not honor
all legal obligations toMLSHomesListings.com, then the resulting incentive
payment to you as a consumer will not be paid. In the event costs are incurred
with respect to the completion of any outstanding monetary obligation on
the part of the referral agent, then the resulting incentive payment to
you, as the consumer, will be paid net of any such incurred costs.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. MLSHomesListings.com
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.
b. MLSHomesListings.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, HOMES, REAL ESTATE OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE 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 MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MLSHomesListings.com OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MLSHomesListings.com SHALL NOT 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 MLSHomesListings.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. 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 15 AND 16 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the
Service.
20. TRADEMARK INFORMATION
The MLSHomesListings.com logo, trademarks
and service marks, icons, and other MLSHomesListings.com logos and product
and service names are service marks of Suncastle Enterprises, Inc. (the "MLSHomesListings.com
Marks"). WithoutMLSHomesListings.com's prior permission, you agree
not to display or use in any manner the MLSHomesListings.com Marks.
21. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and MLSHomesListings.com and govern your use of the Service,
superceding any prior agreements between you and MLSHomesListings.com. You
also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content, or third-party software.
The TOS and the relationship between you and MLSHomesListings.com shall
be governed by the laws of the State of Arizona without regard to its conflict
of law provisions. You and MLSHomesListings.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Pima,
Arizona. The failure of MLSHomesListings.com to exercise or enforce any
right or provision of the TOS shall not constitute 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 Service
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.
and Limitation of Liability.1. Information MLSHomesListings.com collects and tracks
MLSHomesListings.com collects MLSHomesListings.com type of information about users:
a) data that users provide through forms, sign up and registration;
b) data collected from our e-mail program, including whether or not e-mail is opened, returned, and what links recipients click on;
c) data collected through aggregated tracking information derived mainly by tallying page views throughout our site. Such information may be used in the future to better understand the demographics of our audience;
2. Use of the information
MLSHomesListings.com uses ainformation voluntarily given by our users to enhance their experience in the site, whether to better prepare future content based on the interests of our users, or to provide repeat visitors with better service based on their previous experience in our site. As stated above, MLSHomesListings.com uses information that users voluntarily provide during human click, forms, e-mail and phone calls in order to assist users in their use of our site and to improve the quality of our site. MLSHomesListings.com may create aggregate reports on user demographics and traffic patterns for affiliates and partners. In addition, MLSHomesListings.com uses information provided by home buyers to assist them in finding a home and uses information provided by home sellers in assisting them to sell their homes.
3. Sharing of the information
MLSHomesListings.com will never provide identifiable user information to athird party unless the user has requested us to. When visitors request services, MLSHomesListings.com will inform affiliate third party service providers of the criteria that the user has specified regarding the services the user requires. MLSHomesListings.com will also provide these service providers with contact information.
MLSHomesListings.com will divulge information as necessary to comply with applicable laws.
4. Correct/update policy
MLSHomesListings.com requests that users notify us as soon as is practicable regarding aerror in our information.
5. Security
MLSHomesListings.com takes strict measures to protect the loss, misuse, or alteration of information collected. Access to data is only on a 'need to know' basis. We review our web security on an ongoing basis. We do not collect or keep asensitive information such as credit card information or social security numbers via our web site.
If MLSHomesListings.com decides to change its privacy policy, we will post those changes on MLSHomesListings.com page.