These RMLS.com Terms of Service define the
relationship between you (the user) and the Regional Multiple Listing Service, Inc.
("RMLS").If you use
RMLS.com, it means that you accept these unmodified Terms of Service.IF YOU DO NOT AGREE TO THESE
TERMS OF SERVICE, YOU MUST IMMEDIATELY LOG OFF THE WEB
SITE.
1.License.
1.1Use.RMLS hereby grants you a
nonexclusive, revocable, nontransferable, temporary license to access and
use RMLS.com via the Internet while you are within the United States, and
to view and download a copy of the text, images, and other information
expressly displayed to you on RMLS.com for your personal purposes
only.This license only
grants you the right to use RMLS.com in the manner described in these
Terms of Service, and you do not acquire any right of ownership or title
or any right to use RMLS.com or any information on the site in any other
way.All right, title, and
interest in and to RMLS.com and all its contents remains the property of
RMLS.
1.2Proprietary Rights.The content on RMLS.com is
exclusively owned by RMLS and/or its content providers, and is protected
by copyright laws.
1.3Restrictions.Your right to use RMLS.com and the
content is limited and is personal to you.You may not: (i) use, copy, link
to, frame or disclose RMLS.com or any of its content except as permitted
by these Terms of Service or the RMLS Rules andRegulations; (ii) use RMLS.com or
any of its content for time-sharing, rental or service bureau purposes;
(iii) sell, sublicense, resell or otherwise transfer your right to use
RMLS.com or any of its content; (iv) modify or alter any part of the
content of the website; or (v) create or attempt to create derivative
works based on or from RMLS.com or any of its content, in whole or in
part.
2.Information on Website.The content on RMLS.com is
intended solely for general information of the homebuyer public and as a
guide to help such public find a REALTOR®.This site is not intended to
provide legal, tax, accounting, real estate or other professional advice
of any kind.
3.Privacy.RMLS will not collect any
personal information from you while you visit RMLS.com.
4.Injunctive Relief.You agree that if you breach or
threaten to breach these Terms of Service in any manner, RMLS may suffer
irreparable damage, money damages will be inadequate, and RMLS shall be
entitled to preliminary and other injunctive relief by a court of
competent jurisdiction against any such breach or threatened breach,
without having to wait for you to cure a breach, and without having to
post a bond or other security.Such injunctive relief shall be in addition to, and in no way in
limitation of, any and all other remedies RMLS may have at law or equity.
5.Disclaimers of Warranties.RMLS MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT RMLS.COM OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION,
THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS
WEBSITE FOR ANY PURPOSE.YOUR
ACCESS AND USE OF RMLS.COM, SUCH CONTENT, AND OTHER INFORMATION ARE
PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.RMLS HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT, AND OTHER
INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.RMLS DOES NOT WARRANT THE
ACCURACY OF ANY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE
WEBSITE, OR THAT CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE
OR THE CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE
CORRECTED.
6.Limitation of Remedies and
Liability.
6.1Rmls will have
no liability to you or to any third party in connection with any use of
rmls.com or the content in any manner whatsoever.
6.2In no event
shall RMLS be liable for direct, indirect, special, incidental, punitive
or consequential damages, including, but not limited to, loss resulting
from business disruption, loss of data, lost profits, lost goodwill or
damages to systems or data, whether in an action for contract, tort
(including negligence) or otherwise.
7.Termination.RMLS may discontinue or change
RMLS.COM and/or its content or these Terms of Service at any time for any
reason without notice.
8.Waiver..Waiver of a breach of or a right
hereunder will not constitute a waiver of any other or subsequent breach
or right.
9.Governing Law.These Terms of Service shall be
governed solely by Oregon law excluding its (or any other jurisdiction’s)
conflicts of laws principles.Venue for any action or arbitration between the parties shall be
exclusively in Multnomah County, Oregon.
10.Entire Agreement.These Terms of Service represent
the complete and exclusive agreement between the parties, and supersedes
all previous and contemporaneous agreements, proposals, and communications
with respect to this subject matter.