EULA
Terms of UseThis website is operated by EXP Realty, a brokerage who is a member of The Canadian Real Estate Association (CREA). The content on this website is owned or controlled by CREA. By accessing this website, the user agrees to be bound by these terms of use as amended from time to time, and agrees that these terms of use constitute a binding contract between the user, EXP Realty, and CREA.CopyrightThe content on this website is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically prohibited. Prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate the content of this website. TrademarksREALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of the Canadian Real Estate Association and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by the Canadian Real Estate Association and identify the professional real estate services provided by members of the Canadian Real Estate Association. Liability and Warranty DisclaimerThe information contained on this website is based in whole or in part on information that is provided by members of Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, and assumes no responsibility for its completeness or accuracy.AmendmentsEXP Realty may at any time amend these Terms of Use by updating this posting. All users of this site are bound by these amendments should they wish to continue accessing the website, and should therefore periodically visit this page to review any and all such amendments.Regional Multiple Listing Service of Minnesota, Inc.End-User License Agreement for consumers accessingpublic MLS and broker web sites, including BrokerReciprocity sitesIntroductionTo satisfy the requirements of RMLS policy (1) This agreement must be available toconsumers before they are able to see the IDX data and must be available for review atthe beginning of each visit by the consumer. (2) The consumers must assentaffirmatively 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 datafor that consumer.This can be done unobtrusively by putting a link near the ‘Search’ button on the searchpage. 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 theagreement must be exactly the language presented below, unless RMLS approvesalterations in writing in advance.Required Agreement textThe following terms and conditions govern all access to and use of this site. Youaccept, without limitation or alteration, all the terms and conditions containedherein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDESTERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITYTO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DONOT UNDERSTAND ANY OF THE TERMS HERE.End-User License AgreementThis End-User License Agreement (“EULA”) is a legally binding contract between you;and the owner of this site, EXP Realty (“Broker”); and Regional MultipleListing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com(“RMLS”); and the developer of this site, Commissions Inc (“Developer”). (Collectively, Broker, RMLS, andDeveloper are the “Licensors.”)You seek access to real estate listings that are made up of factual information andcreative content. This “Licensed Content” appears on this “Licensed Site.” Licensorswish to grant you access to the Licensed Site, but use of this information is limited by theterms of this license.In consideration of the mutual covenants contained herein, you and Licensors herebyagree as follows:Page 21. Access permitted. Licensors agree to provide you online access via the WorldWide-Webto the Licensed Content and the Licensed Site for the duration of thecurrent viewing session. You acknowledge that you will be required to execute a newEULA upon your next visit to the Licensed Site. You agree not to attempt to accessthe Licensed Site after the termination of this EULA.2. Acknowledgement of Title. You acknowledge that all right, title, and interest in thecopyrights and other intellectual property rights in the Licensed Site and the LicensedContent 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 andothers. Neither this EULA nor the Licensed Site grants you any right to use anyMark displayed on the Licensed Site or any other Marks of Licensors.3. License. Licensors hereby grant you a revocable, limited, nonexclusive licenseduring the term of this EULA to duplicate, distribute and display the LicensedContent and the Licensed Site, solely for your personal, non-commercial use, andsubject to the limitations set forth in this EULA. Licensors grant nonexclusivelicenses and not exclusive licenses or assignments. All rights not expressly granted inthis EULA are reserved.4. Limited Use. You will not:(a) Use the Licensed Site, Licensed Content, or both for any purpose other than apersonal, non-commercial one;(b) Disclose any of the Licensed Content, including factual content, to any thirdparty except in furtherance of your personal real estate transaction, and thenonly to the extent necessary;(c) Gather, or attempt to gather, by any automated means, including “screenscraping” or “database scraping,” factual content or any other portion of theLicensed Content from the Licensed Site; or(d) Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose..
. License revoked. Your license to use the Licensed Content and the Licensed Site isimmediately revoked, without notice from Licensors, in the event that you breach anyprovision of this EULA.6. General terms.(a) Term and termination. Any party may terminate this EULA upon notice toanother. In the event of termination, all licenses hereunder immediatelyterminate, and you agree to discontinue accessing and attempting to access theLicensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive itstermination.Page 3(b) Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITEAND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS.LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY,COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSEDCONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THELICENSED CONTENT, THOUGH DEEMED RELIABLE, MAYCONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES.YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPONWHICH YOU INTEND TO RELY IN ANY TRANSACTION. THELICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITHRESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in theLicensed 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, andincorrect information about improvements.(c) Limitations and exclusions of liability. UNDER NO CIRCUMSTANCESSHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THEUSE OF, OR INABILITY TO USE, THE LICENSED SITE, THELICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THEEVENT THE LICENSORS OR ANY ONE OF THEM BREACH THISEULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THELIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCESARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORSSHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSEFOR DAMAGES OF ANY KIND IN EXCESS OF $500.(d) Indemnification. You will defend, indemnify and hold the Licensorsharmless 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 theLicensors arising from any of your acts, including without limitation violatingthis 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 ordelegation in contravention of this section is null and void.(f) Integration and severability. This EULA contains the entire understandingof the parties and supersedes all previous oral and written agreements on thesubject matter hereof. Each provision of this EULA is severable from thewhole, and if one provision is declared invalid, the other provisions shallremain in full force and effect.Page 4(g) Governing law. This EULA shall be governed by, and construed inaccordance with, the laws of the State of Minnesota applicable to contactsmade and performed in Minnesota, but without regard to the choice of law andconflicts of law provisions thereof. The parties hereby agree that any disputeunder this EULA shall have its forum in the state or federal courts located inRamsey County, Minnesota, in the United States of America, and the partieshereby consent to personal jurisdiction therein and expressly waive anydefenses to personal jurisdiction, including forum non conveniens.1. This publication is designed to provide information with regard to the subject matter covered. It is displayed with the understanding that the publisher and authors are not engaged in rendering real estate, legal, accounting, tax or other professional services and that the publisher and authors are not offering such advice in this publication. If real estate, legal, or other expert assistance is required, the services of a competent, professional person should be sought.
2. The information contained in this publication is subject to change without notice. METROLIST, INC. MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THIS MATERIAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METROLIST, INC SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL.
3. PUBLISHER’S NOTICE All real estate advertising herein is subject to the Federal Fair Housing Act and the Colorado Fair Housing Act, which Acts make it illegal to make or publish any advertisement that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
4. METROLIST, INC. will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.
5. ©2017 METROLIST, INC.® All rights Reserved 6455 S. Yosemite St. Suite 500 Greenwood Village, CO 80111 USA
6. ALL RIGHTS RESERVED WORLDWIDE. No part of this publication may be reproduced, adapted, translated, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. The information contained herein including but not limited to all text, photographs, digital images, virtual tours, may be seeded and monitored for protection and tracking.1. The following are terms of a legal agreement between you, the person viewing and/or using this Internet site (“User”) and the operator (“Provider”) of this Internet site (“Site”), By accessing, browsing and/or using this Site, User acknowledges that User has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If User does not agree to these terms, User is not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.2. User must be a prospective purchaser or seller of real estate with a bona fide interest in the purchase or sale of such real estate.3. All real estate data provided on this Site (including but not limited to descriptions, images, and other information constituting or relating to real estate listings) is strictly for the personal, private, non-commercial use of User and is not made available for redistribution, retransmission, reformatting, modification or copying. User may not sell or use any of the real estate data on this Site for any purpose other than attempting to evaluate houses or properties for sale or purchase by User. User acknowledges that the real estate data on this Site is provided by MetroList Services, Inc., a California corporation (“MetroList”), and User acknowledges the validity of MetroList’s copyright as to such data. User expressly acknowledges and agrees that MetroList is a third-party beneficiary of these Terms of Use, and that MetroList will be entitled to enforce these Terms of Use against User.4. To the fullest extent permitted by law, the data on this Site is provided “as is,” without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains. NEITHER PROVIDER NOR METROLIST MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.5. NEITHER PROVIDER NOR METROLIST SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.6. User agrees that the prevailing party or parties in any action brought to enforce or for breach of these Terms of Use shall be entitled to recover, in addition to any other relief, that party’s or those parties’ reasonable attorney’s fees and court costs incurred in such action from the non-prevailing party or parties.
Terms of Use
By visiting exprealty.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 exprealty.com, to fully understand our practices. Collectively,these documents constitute an “Agreement” between you and exprealty.com regarding your use of the exprealty.com website.
Purpose of Our Website
The purpose of exprealty.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 exprealty.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
© 2018 exprealty.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 exprealty.com/Local MLS/Other affliated parties and are all subject to copyright and other intellectual property protection laws. exprealty.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
exprealty.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 exprealty.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 exprealty.com.
Professional Real Estate Advisors
Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. exprealty.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 exprealty.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 exprealty.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; andYou agree to be contacted by e-mail or other means by exprealty.com or a member or affiliate of exprealty.com regarding a property.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EXPREALTY.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPREALTY.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, EXPREALTY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXPREALTY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPREALTY.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 exprealty.com, you agree that the laws of the State of NC, 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 exprealty.com or its affiliates.
Links to Other Sites
From time to time, exprealty.com may include on its site third party service providers (such as a lender, moving company, home improvement center, etc.). exprealty.com may post information about, or links to, these companies as a service to its users who may be interested in such services. exprealty.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 exprealty.com site shall be submitted to confidential and binding arbitration in , NC, except to the extent that you have in any manner violated or threatened to violate exprealty.com’s intellectual property rights, exprealty.com may seek injunctive or other appropriate relief in any state or federal court in the State of NC, 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 exprealty.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.