Information about http://forms.themls.com/forms/terms-and-conditions/terms_and_conditions.pdf

TERMS AND CONDITIONS OF USE OF THIS SITE …

Tags: accesses, advertisements, content user, copyrightable materials, definitions, duration, entities, graphics files, including without limitation, internet site, july 17, legal contract, mls inc, noncompliance, sole discretion, text graphics, themls com, url address, video site, westside,
Pages: 10
Language: english
Created: Tue Jul 22 14:16:28 2008
Display cached document
Page 1
image
Page 2
image
Page 3
image
Page 4
image
Page 5
image
Page 6
image
Page 7
image
Page 8
image
Page 9
image
Page 10
image
              TERMS AND CONDITIONS OF USE OF THIS SITE

                           Last Revised: July 17, 2008

THIS IS A BINDING LEGAL CONTRACT. CAREFULLY READ THESE TERMS
    AND CONDITIONS OF USE ("TERMS OF USE" OR "AGREEMENT")
 BEFORE ACCESSING OR USING THIS AND EACH TIME YOU ACCESS OR
   USE THE SITE TO DETERMINE WHETHER ANY MODIFICATIONS OR
  CHANGES TO THESE TERMS AND CONDITIONS OF USE HAVE BEEN
MADE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND
 BY THESE TERMS OF USE, AND TO BE LIABLE TO THE OWNER OF THIS
 SITE FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF YOU
 DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR
                   USE THIS SITE IN ANY MANNER.

By accessing or using this Site, User agrees to bound and governed by the
following terms and conditions:

1.     Definitions. "CLAW" means the Combined L.A./Westside MLS, Inc., its
employees, officers, directors, and all other persons or entities affiliated with
CLAW responsible for creating, maintaining, and publishing this Site. "Content"
means all materials, information and images contained on the Site, including
without limitation trademarks, copyrightable materials, advertisements, data, text,
graphics, files, photographs, software, and video. "Site" means the Internet site
located at the URL address http://www.TheMLS.com. "User" means each
person or entity that accesses or uses the Site in any manner.

2.     Limited License for Personal and Non-Commercial Use Only;
Printing of Site Content. User is granted a limited, nonexclusive, revocable
license, for the duration of your current viewing session, to use the Site and its
Content for personal, non-commercial use only. This license will terminate
immediately upon any noncompliance by User with any of the terms of these
Terms of Use, or at any other time upon notice to User, or upon the decision of
CLAW, in its sole discretion, for any reason, with or without notice, not to grant
you access to or use of this Site. User may print publicly available articles,
information, FAQs and other reading materials ("Documents") from this Site for
the User's personal, non-commercial use only, provided that such Documents
are not modified or revised in any manner. Except as expressly permitted herein,
Content may not be reproduced, sold, licensed, transferred, modified, distributed,
transmitted, used to create derivative works, published, displayed, or otherwise
used or exploited for any purpose without the express written permission of
CLAW. User agrees not to use this Site or the Content for any illegal or
prohibited purpose, or in any manner that could damage, disable, overburden, or
impair the Site, Content, or any of CLAW's computer servers, or interfere with
any other person's use of the Site or Content. User agrees not to attempt to gain
any unauthorized access to the Site or Content, whether through password
mining, hacking, or any other means, or to harvest or otherwise collect
information about others, including e-mail addresses.

3.     Further Agreements of User. User agrees not to:

        (A)    Attempt to obtain through or from this Site any Content not
intentionally made available to User at this Site;

       (B)    Upload any file that contains malicious programs or computer code,
including viruses, corrupted files, worms, Trojan horses, or other programs or
software ("Malware") that may damage or interrupt this Site or the websites,
computers, or software of CLAW or others;

        (C)     Use any robot, spider, scraper or other automated means to access
this Site, for any purpose, without CLAW's express prior written consent; or

        (D)    Attempt to circumvent any technological measures or features of
this Site that are intended to control access to the Content or any portion of this
Site.

This Site may contain robot exclusion headers.

4.     Links to Other Websites. This Site may contain links to other websites
("Linked Websites"). The Linked Websites are provided for User's convenience
and information only and, as such, any access or use by User of any Linked
Websites is made at User's sole risk. User agrees and acknowledges that
CLAW is not responsible for, and does not endorse, the content of or anything
that may be delivered to User or User's computer as a result of accessing any
Linked Websites, whether or not CLAW is affiliated with the owners or operators
of any such Linked Websites. Without limiting the generality of the foregoing,
CLAW is not responsible and shall have no liability for any Malware that may be
downloaded through a link found on this Site or by accessing a Linked Website.

5.     Security. Use of the Internet presents certain risks to the security of User
and information. User is advised to exercise caution in providing any information
which may expose User to possible risk, whether on this or any other site.

6.    Prohibited Uses. Except as expressly provided under these Terms of
Use or upon Website Owner's express prior written consent, User may not:

       (A)    Modify, copy, distribute, transmit, display, perform, reproduce,
publish, upload, post, license, frame in another website, use on any other
website, create derivate works of, transfer, sell, and/or exploit for commercial
use, any Content, software, real estate listings, databases or other lists, products
or services provided through or obtained from this Site, including by email or
other electronic means, without the prior written consent of CLAW;
       (B)    Take any action that imposes or may impose (in CLAW's sole
discretion) an unreasonable or disproportionately large load on this Site or
CLAW's infrastructure;

       (C)     Copy, reproduce, modify, create derivative works from, distribute,
or publicly display any content from this Site without CLAW's (and any
appropriate third party's, as applicable) express prior written consent;

       (D)     Interfere or attempt to interfere with the proper working of this Site
or any activities conducted on this Site; or

      (E)    Bypass this Site's robot exclusion headers or other measures this
Site may use to prevent or restrict access to all or any portion of this Site.

7.      Acknowledgment by User. User acknowledges and agrees that User is
not a publisher, distributor, agent, partner, franchiser, or endorser of this Site,
and CLAW is not a publisher, distributor, agent, franchiser, or endorser of any
Website that may be maintained or operated by User. CLAW retains exclusive
editorial control over this Site and has the right to make administrative or
operational decisions it deems necessary or desirable in the course of its
business.

8.       Proprietary Rights. User acknowledges and agree that the trademarks
of CLAW and its affiliates (the "Marks"), this Site, the Content, the compilation of
real estate listings, and the content and look and feel of this Site, to the extent
protectable, are proprietary, original works of authorship of CLAW, or licensors of
CLAW, protected under United States and worldwide copyright, trademark, and
trade secret laws of general applicability. User acknowledges and agrees that all
right, title, and interest in and to the Marks, this Site, and the Content and look
and feel of this Site are and shall remain with CLAW or its licensors. User
agrees not to contest or infringe these rights, directly or indirectly, at any time.
Without the prior written consent of CLAW, User's modification of the Content,
use of the Content on any other site or networked computer environment, or use
of the Content for any purpose other than User's personal, non-commercial use,
violates the copyrights, trademarks, or other intellectual property rights of CLAW
or its licensors, and is prohibited. Except as expressly provided under these
Terms of Use, User may not use on any website, including any website
maintained or operated by User, or on any other materials, the Marks or any
other trademarks or copyrighted materials appearing on this Site, including
without limitation any logos, without the express prior written consent of CLAW or
the owner of the mark or copyright.

9.    User's Representations and Warranties. User represents and warrants
to CLAW and its affiliates that:

      (A)    Any information User provides on this Site is true, accurate, and
complete, and will not violate any law, statute, ordinance or regulation;
      (B)   User will not falsely identify him/herself or impersonate or falsely
represent User's affiliation with any person or entity;

        (C)   Except with the advance written permission of CLAW, User will not
access or attempt to access password protected, secure, or non-public areas of
this Site;

       (D)    User will not use this Site or any Content for any purpose that is
unlawful or prohibited by these Terms of Use, including without limitation the
posting or transmitting of any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material.

Persons attempting to access prohibited areas of this Site may be subject to
legal prosecution.

10.    Links to Third Party Sites; Accuracy of Content on Linked Sites.
Links to other sites operated by independent, third parties exist on this Site.
While CLAW takes reasonable steps to select and provide links that add value to
the Site, CLAW is not responsible for the content contained on any linked site. In
addition, unless expressly indicated otherwise, CLAW does not endorse,
approve, or warrant any other aspect of any information or content contained on
a linked site. User should review the terms and conditions of use and the privacy
policy of the linked site, if any, before using that site.

11.    Advertisers. Advertisement banners and other forms of advertising exist
on the Site. However, CLAW is not responsible for the claims or representations
made by any advertiser on the Site nor is CLAW responsible for the products,
services, or promises of advertisers on the Site. In addition, the presence of an
advertiser on the Site does not constitute an endorsement, approval, or
sponsorship of any advertiser by CLAW, either expressed or implied, in any
respect, unless expressly indicated otherwise.

12.    Professional Advice and Services. CLAW does not provide legal, tax,
or other professional services or advice. If User desires such services, User
should consult appropriate professionals selected by User.

13.     Accuracy and Updating of Site Content. CLAW makes no
representations or warranties regarding the accuracy of the Content, nor does
CLAW make any commitment to update the Content. CLAW reserves the right in
its sole discretion to add, remove, or modify the Content and the Site at any time
without notice.

14.    Interruptions in Service. This Site and access to the Content may from
time to time be unavailable to User, whether because of technical failures or
interruptions, intentional downtime for service or changes to this Site, or
otherwise. User agrees that CLAW shall have no liability of any nature to User or
any third party for any modifications to this Site, and any interruption or
unavailability of access to the Site or the Content.

15.     Forums; Responsibility for Submissions. From time to time CLAW
may provide a discussion forum, bulletin board, blog, chat area, news group, or
other feature designed to permit User to upload data and images or
communicate with others ("Forum") through this Site. CLAW, in its sole
discretion, reserves the right (but shall have no obligation) to review, accept,
reject, control, or edit any text, data, images, files, or other materials that may be
uploaded, posted or submitted in any Forum ("Submissions") CLAW does not
guarantee that it will review every or any Submission, nor does CLAW guarantee
the accuracy, legality, or reliability of any Submission. Under no circumstances
will CLAW be responsible or liable for any Submission. User is advised to
investigate and evaluate Submissions prior to relying on any of them. User is
informed that Submissions may be accessible to and viewed by the general
public. User should exercise caution before including any personally identifiable
information in a Submission. User represents and warrants that (a) User has
the legal right and/or have obtained all necessary licenses and permissions
required to post any Submission, and that (b) the Submission will not
violate any law or infringe on the rights of any third party, including without
limitation any copyright, trademark, patent, privacy or publicity rights.
User agrees not to post any Submission that is defamatory, libelous,
slanderous, sexually explicit, obscene, inappropriate, indecent, or profane,
or that is done with intent to harass, stalk, or threaten any person. User
agrees not to use Submissions or any Forum in connection with surveys,
contests, pyramid schemes, chain letters, junk e-mail, or spamming. User
agrees not to impersonate any other person when posting a Submission or
to create or use a false on the Site or in a Submission or Forum. CLAW has
the right, in its sole discretion, to copy, reproduce, distribute, transmit, and
display Submissions at any time without payment or other consideration.
CLAW has the right to delete any Submission at any time without notice.
Each User agrees to indemnify, defend, and hold CLAW harmless from all
claims, actions, liabilities, loss, costs, damages, or expenses, including
reasonable attorneys' fees that arise directly or indirectly from the User's
Submissions. Submissions may not contain any advertisements or
solicitations without CLAW's prior written consent. CLAW reserves the right
to limit or terminate access to Forums at any time for any reason without notice.

16. DISCLAIMER.

      (A)  USE AND ACCESS OF THIS SITE AND ANY AND ALL CONTENT
AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE
LISTING, CONTAINED IN OR PROVIDED THROUGH THIS SITE IS AT
USER'S SOLE RISK.

     (B)  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. CLAW MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO
THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS,
VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF
THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED
THROUGH THIS SITE.

      (C)  CLAW DOES NOT WARRANT THE FUNCTIONS CONTAINED IN
THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS WILL BE CORRECTED.

      (D)  WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, SECURITY,
AND FITNESS FOR A PARTICULAR PURPOSE. CLAW DOES NOT
WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY,
ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE
SITE OR ANY CONTENT.

      (E)   IN NO EVENT WILL CLAW BE LIABLE TO USER OR ANY THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON
THE CONTENT OF THIS SITE OR ANY LINKED WEBSITE. ALL USE IS AT
USER'S OWN RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USER'S EQUIPMENT, SOFTWARE, OR WEBSITE, ANY LOSS
OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, RELIANCE UPON OR USE OF
DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THIS
SITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS
FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THIS SITE OR A
LINKED WEBSITE.

     (F)  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL CLAW BE LIABLE TO USER, OR ANY USER OF THIS SITE OR
USER'S WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE,
OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING LOST
PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE
USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED BY OR
PROVIDED THROUGH THIS SITE, OR FOR ANY ERROR OR OMISSION, OR
OTHERWISE IN ANY WAY CONNECTED WITH USE OF THIS SITE,
WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR
OTHERWISE, EVEN IF CLAW HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL CLAW BE LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY LOSS
OF PROFITS, DATA, OR PROGRAMS, ARISING FROM THE USE, INABILITY
TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR
CONTENT ON THE SITE, INCLUDING ANY DATA OR PROGRAMS
UPLOADED TO OR DOWNLOADED FROM THIS SITE.

18. Modification of Terms of Use. CLAW reserves the right, in its sole
discretion, to modify or revise these Terms of Use at any time without notice.
User agrees to be bound by any modification or revision of these Terms of Use
upon electronic posting to the Site. Such revisions shall be effective immediately
upon posting on this Site. By using this Site or creating, maintaining, or using, if
authorized by CLAW, a link to this Site, after CLAW has posted any
modifications, updates, or revisions, you agree to be bound by such revised
Terms of Use. In addition to these Terms of Use, additional terms may govern
use of certain pages within this Site or the creation, maintenance, and use of a
link to this Site, as such terms may be contained on the pages of this Site. By
accessing or using such pages and/or and creating, using, and maintaining a link
to this Site, you agree to be bound by such terms.

19. Suspension or Termination of Access. CLAW reserves the right, in its
sole discretion, to suspend or terminate a User`s access to the Site for any
reason.

20.    Indemnification. User agrees to defend, indemnify and hold harmless
CLAW, its officers, directors, employees, shareholders, agents, affiliates,
suppliers, successors and assigns, from all actions, liabilities, losses, claims,
demands, damages, costs, and expenses including without limitation reasonable
attorneys' fees, arising or resulting from the User`s violation of any term of these
Terms of Use, or alleged or actual illegal use of this Site, or any negligent acts,
errors or omissions of User or User's agents or contractors.

21.    Ownership of Site and Content; Reservation of Rights. All right, title
and interest in and to the Site and Content belong solely and exclusively to
CLAW and/or any third party owner of particular Content. The Site and the
Content are protected by applicable federal, state and local laws, including but
not limited to copyright, trademark, and other intellectual property laws. All rights
not expressly granted or addressed herein are reserved by CLAW.

22.     Choice of Law; Jurisdiction and Venue. These Terms of Use shall be
governed in accordance with the laws of the State of California, excluding its
conflict of law principles. In the event a dispute arises between User and CLAW
from these Terms of Use or any use of the Site, such dispute shall be resolved
exclusively before a federal or state Court of competent jurisdiction situated in
the County of Los Angeles, State of California, United States of America.
23.    Miscellaneous.

        (A)     These Terms of Use and all other terms and conditions related to
the use of this Site shall be governed by and construed in accordance with the
laws of the state of California and of the United States of America, without regard
to its conflict of law provisions. By use of this Site or creating a link, User hereby
consents to the exclusive jurisdiction of and venue in the federal and state courts
located in the County of Los Angeles, State of California, United States of
America, for all disputes and claims of any kind or nature arising out of or related
to the use of this Site, any Content, and the creation and maintenance of a link.
User waives all defenses to the exclusive jurisdiction of such Courts.

       (B)     If any terms or conditions of these Terms of Use shall for any
reason be unlawful, void, or otherwise unenforceable, then the unlawful, void or
unenforceable provision shall be deemed severed from these Terms of Use and
shall not affect the validity and enforceability of any remaining provisions.

       (C)    These Terms of Use supersede any prior agreements or
understandings between User and CLAW not incorporated into these Terms of
Use. In the event of any inconsistency between these Terms of Use and any
future posted Terms of Use, the last posted Terms of Use shall control.

       (D)    There are no third party beneficiaries of these Terms and
Conditions.

        (E)    If User violates any of these Terms of Use, User's permission to
use this Site shall immediately terminate without the notice to User. CLAW
retains the right to deny access to this Site, or any portion or functionality of this
Site, to anyone at its sole discretion, for any reason, including but not limited to
violation of these Terms of Use. Upon notice of any such termination, User
agrees to immediately cease all access to or use of this Site.

24.     Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. 512 and Infringement of Other Intellectual Property
Rights. Any person wishing to notify CLAW of the presence of Content on the
Site that such person believes may constitute infringement of copyright pursuant
to 17 U.S.C. 512, or of trademark or other legal rights, may submit such
notification to CLAW's designated agent at: Combined L.A./Westside MLS, Inc.,
Attention: Chief Executive Officer, 855 South Robertson Boulevard, Suite 202,
Los Angeles, California 90035.

25.   USER'S CONSENT TO BE LEGALLY BOUND TO TERMS OF USE. IN
CONSIDERATION OF BEING PERMITTED ACCESS TO OR USE OF THE
SITE, EACH USER AGREES TO BE BOUND BY THE TERMS AND
CONDITIONS OF THESE TERMS OF USE AS SET FORTH ABOVE, AS MAY
BE MODIFIED OR AMENDED FROM TIME TO TIME. ACCESS TO OR USE
OF THE SITE IN ANY MANNER SHALL CONSTITUTE THE USER'S
ACCEPTANCE OF THIS AGREEMENT AND CONSENT TO BE LEGALLY
BOUND BY THIS AGREEMENT. ANY PERSON WHO DOES NOT AGREE TO
BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, AS MAY BE AMENDED OR MODIFIED FROM TIME TO TIME,
IS STRICTLY PROHIBITED FROM ACCESSING OR USING THIS SITE IN ANY
MANNER.