AGREEMENT AND DEFINITIONS
By accessing and using this Internet web
site (the "Site"), you agree to be bound by
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 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” means
those real estate professionals who have entered into subscriber agreements
with MetroList Services, Inc., a
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
RIGHTS AND OWNERSHIP
User acknowledges and agrees that the Content is owned and copyrighted or licensed by MetroList. © MetroList Services, Inc., 2006. The listing information (as well as the organization and layout of the Site) are the proprietary information of MetroList. 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.
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, METROLIST DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. MetroList does not represent or warrant 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. MetroList does not
warrant or make 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. MetroList is not 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. MetroList is not responsible for any links to
third party web sites contained on this Site. MetroList is not responsible for
the content of any third party websites nor does it 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. MetroList operates the Site for the purpose
of facilitating sales or leases of properties by or to persons located in
California, and MetroList makes no 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 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 OR ANY AUTHORIZED REPRESENTATIVE 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 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.
Each User shall indemnify, defend, and hold harmless MetroList and its 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. MetroList reserves the right to prosecute and/or pursue monetary damages and other appropriate relief as a result of any unauthorized access, use or misuse of this Site.
RIGHT TO MAKE CHANGES, IMPROVEMENTS OR MODIFICATIONS
SITE AND SITE AVAILABILITY
The Site is made available on an "as available" basis. 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 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. MetroList may suspend or terminate a User’s ability to access or use the Site and/or Content in the event of any unauthorized access, use or misuse of the Site or the Content.
This Agreement shall be governed by the laws of the State of