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  • Terms of Use

    EULA

    Regional Multiple Listing Service of Minnesota, Inc.
    End-User License Agreement for consumers accessing
    public MLS and broker web sites, including Broker
    Reciprocity sites
    Introduction
    To satisfy the requirements of RMLS policy (1) This agreement must be available to
    consumers before they are able to see the IDX data and must be available for review at
    the beginning of each visit by the consumer. (2) The consumers must assent
    affirmatively to the terms by clicking a button that prominently says I AGREE.
    (3) Failure of a consumer to assent to the terms must result in no further access to the data
    for that consumer.
    This can be done unobtrusively by putting a link near the ‘Search’ button on the search
    page. The link could say “I have read and agree to the terms of the license agreement”
    (with “license agreement” linked to the full text of the EULA). The language used in the
    agreement must be exactly the language presented below, unless RMLS approves
    alterations in writing in advance.
    Required Agreement text
    The following terms and conditions govern all access to and use of this site. You
    accept, without limitation or alteration, all the terms and conditions contained
    herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES
    TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITY
    TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO
    NOT UNDERSTAND ANY OF THE TERMS HERE.
    End-User License Agreement
    This End-User License Agreement (“EULA”) is a legally binding contract between you;
    and the owner of this site, RE/MAX Results (“Broker”); and Regional Multiple
    Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com
    (“RMLS”); and the developer of this site, Commissions Inc (“Developer”). (Collectively, Broker, RMLS, and
    Developer are the “Licensors.”)
    You seek access to real estate listings that are made up of factual information and
    creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors
    wish to grant you access to the Licensed Site, but use of this information is limited by the
    terms of this license.
    In consideration of the mutual covenants contained herein, you and Licensors hereby
    agree as follows:
    Page 2
    1. Access permitted. Licensors agree to provide you online access via the WorldWide-Web
    to the Licensed Content and the Licensed Site for the duration of the
    current viewing session. You acknowledge that you will be required to execute a new
    EULA upon your next visit to the Licensed Site. You agree not to attempt to access
    the Licensed Site after the termination of this EULA.
    2. Acknowledgement of Title. You acknowledge that all right, title, and interest in the
    copyrights and other intellectual property rights in the Licensed Site and the Licensed
    Content reside at all times in Licensors and their licensors.
    The trademarks, logos, and service marks (collectively the “Marks” or “Mark”)
    appearing on the Licensed Site are registered and unregistered marks of Licensors and
    others. Neither this EULA nor the Licensed Site grants you any right to use any
    Mark displayed on the Licensed Site or any other Marks of Licensors.
    3. License. Licensors hereby grant you a revocable, limited, nonexclusive license
    during the term of this EULA to duplicate, distribute and display the Licensed
    Content and the Licensed Site, solely for your personal, non-commercial use, and
    subject to the limitations set forth in this EULA. Licensors grant nonexclusive
    licenses and not exclusive licenses or assignments. All rights not expressly granted in
    this EULA are reserved.
    4. Limited Use. You will not:
    (a) Use the Licensed Site, Licensed Content, or both for any purpose other than a
    personal, non-commercial one;
    (b) Disclose any of the Licensed Content, including factual content, to any third
    party except in furtherance of your personal real estate transaction, and then
    only to the extent necessary;
    (c) Gather, or attempt to gather, by any automated means, including “screen
    scraping” or “database scraping,” factual content or any other portion of the
    Licensed Content from the Licensed Site; or
    (d) Employ the Licensed Content, the Licensed Site, or both for any unlawful
    purpose.
    5. License revoked. Your license to use the Licensed Content and the Licensed Site is
    immediately revoked, without notice from Licensors, in the event that you breach any
    provision of this EULA.
    6. General terms.
    (a) Term and termination. Any party may terminate this EULA upon notice to
    another. In the event of termination, all licenses hereunder immediately
    terminate, and you agree to discontinue accessing and attempting to access the
    Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its
    termination.
    Page 3
    (b) Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE
    AND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS.
    LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY,
    COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSED
    CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE
    LICENSED CONTENT, THOUGH DEEMED RELIABLE, MAY
    CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES.
    YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON
    WHICH YOU INTEND TO RELY IN ANY TRANSACTION. THE
    LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH
    RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT,
    INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
    AND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in the
    Licensed Content include, but are not limited to, incorrect measurements,
    improper classification of rooms and features according to local zoning codes,
    incorrect status with regard to availability for sale, incorrect photograph, and
    incorrect information about improvements.
    (c) Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES
    SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR
    ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
    EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE
    USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE
    LICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THE
    EVENT THE LICENSORS OR ANY ONE OF THEM BREACH THIS
    EULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THE
    LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES
    ARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORS
    SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE
    FOR DAMAGES OF ANY KIND IN EXCESS OF $500.
    (d) Indemnification. You will defend, indemnify and hold the Licensors
    harmless from and against any and all liability, damages, loss or expense
    (including reasonable fees of attorneys and other professionals) in any claim,
    demand, action or proceeding initiated by any third-party against the
    Licensors arising from any of your acts, including without limitation violating
    this or any other agreement or any law.
    (e) Assignment. You may not assign or delegate this EULA or any obligations,
    rights, or duties hereunder. Any attempted or purported assignment or
    delegation in contravention of this section is null and void.
    (f) Integration and severability. This EULA contains the entire understanding
    of the parties and supersedes all previous oral and written agreements on the
    subject matter hereof. Each provision of this EULA is severable from the
    whole, and if one provision is declared invalid, the other provisions shall
    remain in full force and effect.
    Page 4
    (g) Governing law. This EULA shall be governed by, and construed in
    accordance with, the laws of the State of Minnesota applicable to contacts
    made and performed in Minnesota, but without regard to the choice of law and
    conflicts of law provisions thereof. The parties hereby agree that any dispute
    under this EULA shall have its forum in the state or federal courts located in
    Ramsey County, Minnesota, in the United States of America, and the parties
    hereby consent to personal jurisdiction therein and expressly waive any
    defenses to personal jurisdiction, including forum non conveniens.

    Terms of Use

    By visiting minneapolishomeviewer.com, you are subject to and accept these Terms and Conditions of Use, which may be updated by us from time to time without notice to you. You can review the most current version at any time at terms. Please also review our corporate privacy policy, which also governs your visit to minneapolishomeviewer.com, to fully understand our practices. Collectively,these documents constitute an "Agreement" between you and minneapolishomeviewer.com regarding your use of the minneapolishomeviewer.com website.

    Purpose of Our Website

    The purpose of minneapolishomeviewer.com is to allow our users to gain access to our real estate professionals, service providers and data. To gain access to this network of professionals, you must submit certain personal information. This information will be used by minneapolishomeviewer.com to assist you in the real estate transaction process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information. Once you have been contacted by one of our real estate professionals or service provider, any agreement you enter into with such third party will only be between you and such third party.

    Copyright & Trademarks

    © 2017 minneapolishomeviewer.com. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of minneapolishomeviewer.com/Local MLS/Other affliated parties and are all subject to copyright and other intellectual property protection laws. minneapolishomeviewer.com and all other trademarks and service marks indicated on our site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.

    License

    minneapolishomeviewer.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of minneapolishomeviewer.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of minneapolishomeviewer.com.

    Professional Real Estate Advisors

    Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. minneapolishomeviewer.com, its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice.

    You agree that you must evaluate and bear all risks associated with your dealings with any real estate investor or investment company or real estate broker or brokerage company that is linked to, included in, or referred to by this site. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall minneapolishomeviewer.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.

    On occasion, information on our site, such as home prices, may be outdated or otherwise incorrect. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.

    Obligations of Home Sellers Registered With minneapolishomeviewer.com

    By completing the home information form on this site, you agree that:

    • You are of legal age and are otherwise capable of forming a legally binding contract;
    • You are interested in buying or selling property;
    • You do not have an exclusive contractual or other arrangement with any real estate professional; and
    • You agree to be contacted by e-mail or other means by minneapolishomeviewer.com or a member or affiliate of minneapolishomeviewer.com regarding a property.

    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    THIS SITE IS PROVIDED BY MINNEAPOLISHOMEVIEWER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINNEAPOLISHOMEVIEWER.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MINNEAPOLISHOMEVIEWER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MINNEAPOLISHOMEVIEWER.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MINNEAPOLISHOMEVIEWER.COM WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

    Governing Law

    By visiting minneapolishomeviewer.com, you agree that the laws of the State of TX, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and minneapolishomeviewer.com or its affiliates.

    Links to Other Sites

    From time to time, minneapolishomeviewer.com may include on its site third party service providers (such as a lender, moving company, home improvement center, etc.). minneapolishomeviewer.com may post information about, or links to, these companies as a service to its users who may be interested in such services. minneapolishomeviewer.com is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.

    Disputes

    Any dispute relating in any way to your use of the minneapolishomeviewer.com site shall be submitted to confidential and binding arbitration in Plymouth, TX, except to the extent that you have in any manner violated or threatened to violate minneapolishomeviewer.com's intellectual property rights, minneapolishomeviewer.com may seek injunctive or other appropriate relief in any state or federal court in the State of TX, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    Other Policies, Modification and Severability

    Please review our other policies posted on this site, including our Privacy Policy. These policies also govern your visit to minneapolishomeviewer.com. We reserve the right to make any changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these provisions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

    Acceptance of Terms of Use

    By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A printout of this Agreement and the documents it incorporates by reference will constitute a "writing" under any applicable law or regulation.

    WHEN YOU SUBMIT AN ONLINE APPLICATION FOR OUR SERVICES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FAX ABOUT THOSE SERVICES PROVIDED BY COMMISSIONS, INC., ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS.

    Commissions, Inc. and its affiliates and its third party service providers shall give you the opportunity to opt-out of all such communications. Clear directions for opting out of receiving automated communications shall accompany all messages Commissions, Inc., its affiliates, and its third party service providers send you.