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Member Terms of Use For Members who register for and access the passcode-protected MLS platform. These Member Terms of Use apply in addition to the General Terms of Use and the Privacy Policy, which govern use of the Site generally; in the event of a conflict as to the passcode-protected Product, these Member Terms of Use control. ----------------------------------- ACCEPTANCE OF TERMSThese Member Terms of Use, together with the General Terms of Use and the Privacy Policy, constitute the entire agreement between you and State Listings, Inc. and its brands, including NY State MLS (www.NYStateMLS.com) and My State MLS (www.MyStateMLS.com), together with State Listings' other state-specific MLS websites that link to these Member Terms of Use (collectively, "the MLS," "we," or "us"), regarding your use of the Service as a Member. By using the MLS Website, you acknowledge that you have read, understood, and agree to be bound by these Member Terms of Use. The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the MLS is subject to these Member Terms of Use (the "Terms of Use" or the "Agreement"). By submitting information to, accessing information from, or using the Passcode Protected Product (or any part thereof), you, the end user subscriber ("Subscriber"), agree to be legally bound by these Terms of Use as we may modify them from time to time. These Terms of Use constitute a legal contract between you and State Listings, Inc., and by accessing or using the Passcode Protected Product you represent and warrant that you have the right, power, and authority to agree to and be bound by these Terms of Use. No information should be submitted to, or accessed from, the Product by anyone under 18 years of age. If you do not agree to these Terms of Use, or do not have the right, power, and authority to agree to and be bound by them, you may not submit information to, or access information from, the Service. Notwithstanding anything to the contrary herein, if you and State Listings, Inc. have entered into a separate written agreement that covers your use of the Service, that agreement controls to the extent it is inconsistent with these Terms of Use. MODIFICATIONS OF THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms of Use at any time. Such modifications become effective immediately upon posting. You must review this agreement on a regular basis to keep yourself apprised of any changes. The most recent version is always available on the MLS's websites. SERVICES The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through the Site (collectively, the "Content") are proprietary to State Listings, Inc. and its licensors and are protected by copyright and other U.S. and international intellectual property rights, laws, and treaties. The Content includes proprietary databases (the "Database") of real estate information, including information, text, photographic and other images and data (collectively, the "Information"), the proprietary organization and structures for categorizing, sorting, and displaying such Information, and the related software ("Software"). The Site, Content, Database, Information, Software, and any portion of the foregoing, including derivatives, successors, updates, or modifications, are collectively referred to as the "Product." Those portions of the Product that may be accessed by the general public without any use of passcodes are the "Non-Passcode Protected Product" (Public Search) and are governed by the General Terms of Use. Those portions that require passcodes for access, and are available only to individuals or entities ("Subscribers"), or those acting through them, who enter into a License Agreement with State Listings, Inc., are the "Passcode Protected Product." A "License Agreement" is either (i) a hand-signed contract between a Subscriber and State Listings, Inc. authorizing access to the MLS service, or (ii) an online contract formed by online registration and acceptance of these Terms of Use that authorizes such access. A Member may be a Participant or a Subscriber. MEMBERSHIP ELIGIBILITY AND TYPES By joining and subscribing to the MLS, you represent that you are legally licensed as a Real Estate Broker, Associate Broker, or Licensed Salesperson, or are otherwise a Licensed Real Estate Appraiser, Licensed Real Estate Auctioneer, Licensed Manufactured Home Retailer, Manufactured Home Community Operator, Real Estate Management Company, Attorney, or Lending Professional or Institution under the laws of your state of operation. You also represent that you own all data you submit or have the necessary permission from its owner to post it on the MLS. You agree to comply with the terms of your license, these Terms of Use, and all applicable laws. If you are not the corporate or managing broker of your firm, where applicable, you represent that you are acting on your firm's behalf and with its permission and consent. Participant and Subscriber-Participation Defined. A principal, partner, corporate officer, or branch office manager acting on behalf of a principal, licensee, or firm is eligible to participate in the MLS upon agreeing to these Terms of Use and paying the applicable costs. An MLS account may be affiliated with only one individual Member, one primary office, and one primary brokerage at a time. Qualifying licenses from multiple states may be associated with the account as described below. Each MLS account is issued for the exclusive use of the individual named on the account. Account sharing, including allowing another person to use your username or password, is strictly prohibited. Except for Authorized Users acting as expressly permitted below, a Member may not enter listings on behalf of another person who is not named on the account. A Member found sharing an account or submitting listings for an unauthorized person may be subject to listing fees, suspension, or termination of MLS access. See the Listing Terms and Conditions for additional requirements and applicable fees. The principal of any firm, partnership, or corporation, or the branch office manager designated by it, that serves as a Participant has all rights, benefits, and privileges of the Service and accepts all obligations to the Service on behalf of that firm, partnership, or corporation. The Participant is also responsible for compliance by all persons affiliated with the firm who use the Service. Real Estate Professionals and Auctioneers. Licensed real estate brokers, associate brokers, and licensed salespersons may submit property listings and participate in transactions through the Service to the extent permitted by their licenses and applicable law. State-licensed real property auctioneers may join the MLS as Participant Members and submit auction listings to the extent permitted by their licenses and applicable law. In a state that does not require real property auctioneers to hold a license, an auctioneer may be required to provide satisfactory evidence of professional engagement or authority.Auction listings are subject to the content and disclosure requirements contained in the Listing Terms and Conditions. A Member may associate qualifying real estate licenses from multiple states with one account. Only one license per state may be associated with an account unless a corporation or trade name holds more than one license in that state under the same name. An additional fee may be assessed for licenses beyond the first three. See Member Benefits for current rates and conditions. Appraisers and Other Valuation Subscribers. Licensed real estate appraisers, lending institutions, and other persons or organizations engaged in property valuation that require access to MLS data may become Subscribers. These Subscribers may search and use MLS information only for appraisal, lending, research, or property-valuation purposes. They may not submit property listings or participate in transactions through the Service unless they separately hold a qualifying license and State Listings has approved the corresponding listing privileges for their account. Manufactured Housing Dealers and Community Operators.A licensed mobile or manufactured housing dealer, retailer, community owner, or community operator who is legally permitted to sell chattel dwellings may become a Member and submit listings for chattel dwellings. The Member is not required to hold a real estate broker's license when the listed property and proposed activity fall within the authority granted by the Member's manufactured-housing license. If the state where the community is located does not license mobile or manufactured housing dealers, a community owner or operator may become a Member but may list only chattel dwellings located in communities the Member owns or operates, or other chattel dwellings the Member is legally authorized to sell. Membership under this category does not authorize the Member to list land, real property, or any property requiring a real estate license unless the Member separately holds the required license and State Listings has approved the corresponding listing privileges. Unless otherwise approved by State Listings, only one manufactured housing community may be associated with an account at a time. A dealer or operator that owns, manages, or lists homes in multiple communities may be subject to additional fees. See the Manufactured Housing page for current eligibility requirements, rates, and conditions. Listing Authority. A Member may submit a property listing only under a current written listing agreement signed by the owner of record or by a person with documented legal authority to list the property on the owner's or estate's behalf, such as a duly appointed personal representative, trustee, guardian, or agent acting under a valid power of attorney. A purchase agreement, option, assignment right, or other equitable interest does not constitute sufficient authority to list a property. Violations may result in removal of the listing, fines, suspension, or termination of MLS access. Authorized Users. An Authorized User is an individual who: 1. Is employed by, or is an Independent Contractor of, a Subscriber at a location identified in the License Agreement; and 2. Is identified in the License Agreement or otherwise registered with State Listings as a user of a specific Passcode Protected Product. An "Independent Contractor" is an individual working solely for a Subscriber, and not for another company with real estate information needs, who performs substantially the same services for that Subscriber as an employee would. No employee, independent contractor, agent, or affiliate of a competing real estate information service may access any passcode-protected area of the MLS without State Listings, Inc.'s express written permission. Only Authorized Users may access the Passcode Protected Product, and each Authorized User must use their own username and password. Members, registered users, and Authorized Users must maintain the confidentiality of their login credentials and are responsible for activity occurring under their accounts. State Listings, Inc. is not responsible for any loss or damage arising from a failure to maintain that confidentiality. An authorized administrative assistant or office manager may enter listings on a Member's behalf with the Member's express permission, provided the assistant or office manager is registered as an Authorized User and uses their own login credentials. The Member remains responsible for the accuracy and compliance of all listings entered on the Member's behalf. Limited Member Status. When a Subscriber joins and the Subscriber's firm is not yet a Participant in the MLS, the Subscriber is considered a Limited Member. A Limited Member's account is restricted from viewing or offering cooperation and compensation until the firm's participation agreement is received. A Limited Member may enter property information, but it is treated as an advertisement rather than a full MLS listing until participation is received.Limited Member advertisements are not distributed to third-party sites and are not included in the advanced search available to Participants. Limited Member accounts are valid but restricted and are not eligible for a refund solely because of their Limited Member status. COOPERATION AMONG MEMBERS The MLS is a means by which Participants cooperate on property offered for sale or lease. A Participant is under no obligation to offer or disclose an inducement or compensation to a cooperating broker, but if a Participant commits to their client regarding such an offer, the Participant must follow their client's instructions consistent with the listing agreement. The Participant who enters a listing is solely responsible for any offer of inducement or compensation associated with it and for the accuracy of information provided. At no time will State Listings, Inc., its brands, or any affiliated company be responsible to pay an inducement, be a party to any cobroke arrangement or negotiation, or otherwise intervene in a transaction between Members. The specific requirements that apply to offers of cooperation and compensation entered on a listing - including the requirement that any offer match the executed listing agreement - are set out in the Listing Terms and Conditions. MyStateMLS.com, NYStateMLS.com, and the MLS's other websites reserve the right, but not the obligation, to request a copy of a listing agreement solely to confirm that the owner has authorized the listing to be advertised on the internet. Sensitive information may be redacted as long as the owner's authorization remains verifiable. If the broker is also the property's owner, no listing agreement will be required. If a listing's legitimacy cannot be verified, the MLS may remove the listing or any content that violates the listing display policy. No Control of Commission Rates or Fees. The MLS does not fix, control, recommend, suggest, or maintain commission rates or fees for services rendered by Participants, or the division of commissions or fees between cooperating Participants or between Participants and non-participants. The MLS accepts listing agreements not originating from the MLS. LISTING SUBMISSIONS BY MEMBERS Members who submit property listings agree to the requirements set out in the Listing Terms and Conditions, including required listing fields, content and photograph standards, Fair Housing compliance, listing types, timing of submission, and status maintenance. This section addresses the membership-level terms that apply to listing activity. Members must have a valid listing contract before submitting a listing to the MLS. Under an individual membership, a Member may enter up to 100 listings per calendar year with no listing fee. A Member who creates more than 100 listings in a calendar year will be charged a five-dollar ($5.00) fee for each additional listing beyond 100; if a Member exceeds 200 listings in a calendar year, the $5.00 fee applies retroactively to every listing entered that year. Account sharing remains strictly prohibited, and a Member found entering listings on behalf of a non-member licensee of their firm may incur listing fees regardless of listing count. Office accounts with full participation, and the participants covered by that office account, are not subject to these listing fees. CONTENT AND SUBMITTED CONTENT All listings, postings, messages, text, files, images, photographs, video, sounds, or other materials ("Content") submitted to the Service are the sole responsibility of the person from whom they originated. The MLS does not control, and is not responsible for, Content made available through the Service. The MLS reserves the right, but not the obligation, to pre-screen, approve, refuse, delete, or move any Content that violates the letter or spirit of these Terms of Use, or for any other reason. With respect to all Submitted Content - information, data, text, photographs, images, graphics, or other content you upload, post, email, or otherwise transmit to or via the Product - you retain any ownership rights you hold, but you grant the MLS and its affiliates and licensees a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to that content, in whole or part, worldwide, in any form, media, or technology now known or later developed. The MLS may preserve or disclose such content in its discretion. You represent and warrant that (a) you own or have the full right, power, and authority to grant the MLS the rights described above in all Submitted Content; (b) your license of that content to the MLS, and the MLS's use or license of it to third parties, will not infringe any third party's right or interest; and (c) there are no pending or threatened claims, judgments, or litigation relating to that content. The MLS has no obligation to maintain copies of Content posted to the Site; it is your responsibility to maintain your own back-up copies. USE OF INFORMATION, PASSWORDS, AND LOGINS All users of the Service agree to treat all information obtained from it - including listings, the member directory, historical transaction information ("Prior Sales"), and other Content - as proprietary to the MLS. Content reserved for Members is confidential and protected as an MLS trade secret. The MLS does not ensure the accuracy of, and does not endorse or recommend, any Content; Users access it at their own risk, and solely to obtain initial information from which further evaluation and investigation may commence. REPORTS AND CONTENT OFFERED BY THE MLS ARE PROVIDED SOLELY FOR GENERAL INFORMATION AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED, USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. You shall limit your use of active listings, the member directory, reports, and Prior Sales information to personal and internal use, and shall not further distribute, publish, publicly display, or prepare derivative works from any of it. You shall not use the Service for or in connection with any other listing service or device, or as part of any effort to compete with the MLS, including providing database services to a third party or reducing an existing or potential MLS user's use of the Service. You shall not remove, erase, or tamper with any copyright or proprietary notice within the Service, use any robot, spider, or other automated or manual process to monitor, data-mine, scrape, or copy MLS products or information, decompile or reverse-engineer MLS software, or use MLS products or services for any unlawful purpose. Users who search the Service in an abusive or excessive manner, whether by automated or manual means, are subject to immediate termination of membership and access and may be assessed an excessive-use fee. Subject to these Terms of Use and, if applicable, your License Agreement, you may use the Passcode-Protected Product in the ordinary course of your business for: internal research; providing information about particular properties and market trends to clients and prospective clients; marketing properties; supporting your valuation, appraisal, or counseling regarding a specific property; and creating periodic general market research reports for in-house or client use, provided such reports do not contain building- or tenant-specific Information and are not commercially or generally distributed. You may print or copy Information into word processing, spreadsheet, or presentation programs, so long as the amount copied is reasonably tailored to your purpose and used consistently with these provisions. THIRD-PARTY CONTENT, SITES, AND SERVICES The General Terms of Use govern the MLS's relationship to third-party content, websites, and services generally, including hyperlinks, co-branding, and the disclaimers that apply when you leave the MLS's sites; those terms apply equally here. Membership benefits may include listing syndication to third-party sites. Although the MLS makes content available to third-party sites, it makes no representation or warranty that content will appear there; each third-party site controls its own display policy, and syndication is subject to change without notice and is not guaranteed. Third-party search services made available to Members are likewise not guaranteed and are subject to change. No value is assigned to any third-party product, and Members agree that their membership fees are for MLS dues and fees only, unless otherwise agreed in writing by both parties. MEMBERSHIP RENEWAL, PAYMENT, AND CANCELLATION Membership subscriptions continue to renew at the prevailing level regardless of a Member's listing or search activity, and renewal is not contingent on the number of active listings, search activity, or login history. Subscriptions automatically renew to the payment method on file unless the Member cancels by contacting the MLS at least three (3) business days before the renewal date. Cancellation requests are processed within five (5) business days, and a confirmation email is sent to the address on record. Questions about a cancellation should be directed to [email protected]. You agree to pay for all products ordered through the MLS's website or sales team using the payment method indicated, and authorize the MLS to charge those fees at the time of purchase or renewal. Fees paid for monthly subscriptions are non-refundable regardless of when during the billing period a subscription is terminated; no refunds are provided on a yearly membership terminated at any time during its prepaid period. If a Member disputes a charge related to their MLS account, their membership will be placed on immediate hold; reactivating an account after such a hold is subject to a reactivation fee. The MLS reserves the right not to reactivate an account after a payment dispute. The MLS reserves the right to change its fees, payment frequency, or billing methods at any time, with timely notice to affected Members. It is the Member's responsibility to promptly update contact and billing information (including phone number, email address, and payment method) via the account management tools available once logged in. Any billing problem or discrepancy must be raised within 90 days after the charge first appears on the Member's account statement, or the Member waives the right to dispute it. LINKS AND FRAMING You may provide a hyperlink to the MLS's websites, provided that you remove any such link upon the MLS's request. Except as set forth in the preceding sentence, or as otherwise authorized by the MLS in writing, links to or framing of the Product or its Content is prohibited. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATIONThe Product is provided for general information only and should not be relied upon, or used as the basis for a significant decision, without consulting a more accurate, complete, or timely source. Any reliance on the Product is at your own risk. Neither the MLS nor any third party involved in creating, producing, or delivering the Product is responsible for its accuracy, completeness, or currency, or for any consequence of action or inaction taken based on it. NO SPAM POLICY The MLS prohibits use of its systems or tools to generate or send unsolicited commercial email (spam). Users may not use email information provided by the MLS to send spam or content that would otherwise violate these Terms of Use. The MLS may revoke the privileges of any user or company that breaches this policy. Sending unsolicited email advertisements to MLS addresses or through MLS computer systems is expressly prohibited and may violate federal and state law. LISTINGS PROVIDED BY TECHNOLOGY VENDORS (DATA SHARING) Outside technology vendors may provide a Member's or Subscriber's listing data to the MLS by electronic delivery, including under a data-sharing agreement between the MLS and another MLS or brokerage. All listings submitted this way must meet the MLS's minimum field requirements and be offered by a licensed real estate broker. The Member remains solely responsible for the accuracy and propriety of all Content provided this way, including photographs and floor plans, and represents that all required permissions to display the property have been obtained. The MLS's sole obligation in the event of a dispute is to remove the listing from its website and from any data feed to other websites. TERMINATION The MLS may terminate a Participant's or Subscriber's membership at any time, and has the right, but not the obligation, to delete or deactivate an account, block an email or IP address, remove Content, or otherwise terminate access to the Service or Product, immediately and without notice, for any reason, including inconsistent conduct under these Terms of Use. The MLS has no obligation to maintain or forward account content following termination, and you agree not to attempt to use the Service after termination. Upon termination, you must cease using any portion of the Product and permanently delete or destroy all portions within your possession, custody, or control, and, upon written request, certify your compliance in writing. If your License Agreement sets forth an initial term with automatic renewal, the same obligations apply following its expiration or non-renewal. OWNERSHIP AND LICENSE GRANT State Listings, Inc. retains all right, title, and interest (including Intellectual Property Rights) in the MLS's website, database, technology, and underlying data, including any enhancements or improvements made in the course of providing the Service. You will not, and will not allow others to, reverse-engineer, decompile, disassemble, merge, copy, use, disclose, sell, or transfer the underlying source code, structure, or sequence of the MLS's technology, or delete or alter author attributions or copyright notices. You shall use the MLS system solely for your own use and shall not allow others to use it through your login credentials. "Intellectual Property Rights" means all intellectual property rights arising under statutory or common law, contract, or otherwise, whether or not perfected, including rights associated with works of authorship (copyrights, moral rights, and related applications and registrations), trademarks, service marks, trade names, logos, and trade dress and their applications and registrations, trade secrets and confidential information, and any analogous or related proprietary rights, together with all divisions, continuations, renewals, reissues, and extensions of the foregoing. WARRANTY DISCLAIMERS ALTHOUGH THE MLS MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." STATE LISTINGS, INC. AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND THIRD-PARTY SUPPLIERS (COLLECTIVELY, THE "MLS PARTIES") DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. ANY RELIANCE ON THE PRODUCT IS AT YOUR OWN RISK. THE LISTINGS, SERVICE, PRIOR SALES INFORMATION, AND ANY MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING AS TO ACCURACY, OPERATION, OR CONFORMITY TO ANY DESCRIPTION, AND THE MLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY AND INDEMNIFICATION TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MLS PARTIES WILL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM ANY FAULT, INTERRUPTION, OR DELAY IN THE PRODUCT, OR FROM ANY INACCURACY, ERROR, OR OMISSION IN ITS INFORMATION, REGARDLESS OF HOW IT ARISES, OR FROM ANY UNAUTHORIZED USE OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE MLS PARTIES' MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A LICENSE AGREEMENT WILL NOT EXCEED THE TOTAL LICENSE FEES YOU ACTUALLY PAID TO THE MLS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE. UNDER NO CIRCUMSTANCES WILL THE MLS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO THE PRODUCT OR THESE TERMS OF USE, EVEN IF THE MLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. You agree to indemnify, defend, and hold harmless State Listings, Inc. and its officers, directors, employees, and agents from and against any cost, damage, or loss (including reasonable attorneys' fees) arising from a claim by any person other than you relating to your use or misuse of the Service or the Product, your Submitted Content, or your violation of these Terms of Use or a License Agreement. Some jurisdictions do not allow the exclusion of liability for certain damages, so some of the exclusions above may not apply to you. LIMITATIONS ON SERVICE The MLS may establish limits on use of the Service, including the maximum retention period for Content, the maximum number or size of postings, and the frequency of access. The MLS has no responsibility for the deletion or failure to store Content, and may modify or discontinue the Service, or any part of it, at any time with or without notice, without liability to you or any third party. YOUR LIABILITY If you cause a technical disruption of the Product, you are responsible for all liabilities, costs, and expenses (including reasonable attorneys' fees) arising from that disruption. Upon your breach of these Terms of Use or a License Agreement, the MLS's remedies include any relief available at law or in equity, as well as interruption or termination of your access and permanent deletion of all portions of the Product within your possession or control. PRIVACY AND INFORMATION DISCLOSURE The MLS's Privacy Policy explains how information is collected and used and is available on the MLS's websites. Your use of the MLS Website or the Service signifies your acknowledgment of, and agreement to, the Privacy Policy. The MLS may, in its discretion, preserve or disclose your Content or account information - such as email address, IP address, and timestamps - if required by law or reasonably necessary to enforce these Terms of Use, respond to legal process or a third-party rights claim, or protect the rights, property, or safety of the MLS, its users, or the public. SMS TEXT MESSAGING If you begin a membership application or otherwise register for an account, the MLS may send you text messages, including two-factor authentication codes and application-related reminders, in accordance with the Privacy Policy. See the Privacy Policy for full details, including message frequency, opt-out instructions, and data handling. CONDUCT You agree not to post, email, or otherwise make available Content that: You further agree not to contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for a commercial purpose; not to collect personal data about other users for a commercial or unlawful purpose; not to use automated means to download data from the Service unless expressly permitted; and not to attempt to gain unauthorized access to MLS computer systems or otherwise disrupt, diminish, or impair the Service. MAPS AND DIRECTIONS DISCLAIMER Maps and directions are provided for informational purposes only from sources believed reliable, including Users. The MLS has not independently verified this information and makes no guarantee, warranty, or representation about its accuracy, road conditions, or route usability. You assume all risk of use, and neither the MLS nor its partners or suppliers are responsible for any loss, damage, or delay resulting from your use of or reliance on this information. USER DATA If you create settings, surveys, fields, or functions in the Product, or input, add, or export data into or from the Product (collectively, "User Data"), the MLS Parties have no liability or responsibility for that User Data, including its loss, destruction, or use by third parties. It is your responsibility to maintain your own back-up copies. SERVICE AVAILABILITY AND DOWNTIME The MLS does not guarantee uninterrupted access. Online services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the MLS is not liable for damages, losses, or expenses arising from scheduled or unscheduled maintenance, updates, or repairs; service interruptions, delays, or unavailability; technical failures, server errors, or network outages; third-party service provider failures; or events beyond its reasonable control, including acts of God, natural disasters, power failures, cyberattacks, or government action. In no event will the MLS be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or revenue, arising from a service interruption. OTHER RIGHTS OF THE MLS You agree that the MLS may use listings and other submitted information for any purpose, including publishing all or part of a listing on the internet for unrestricted use by MLS users and partners. The MLS has sole authority over the manner in which a listing is received, displayed, and used, and may remove all or part of a listing, or refuse service to anyone, at its sole discretion at any time. The MLS has no obligation to resolve disputes among users or to monitor or verify the accuracy of listings. COPYRIGHT COMPLAINTS If you believe your work has been copied onto the MLS in a way that constitutes copyright infringement, provide the MLS's copyright agent with: an electronic or physical signature of the person authorized to act on the copyright owner's behalf; a description of the copyrighted work claimed to be infringed; a description of, and identifying information for, the allegedly infringing material's location on the MLS; your address, telephone number, and email address; a statement of your good-faith belief that the disputed use is not authorized; and a statement, made under penalty of perjury, that the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner. Email: [email protected]. We may forward a notice of alleged infringement to the person who provided the allegedly infringing content. EXPORT RESTRICTIONS The Site is controlled and operated by the MLS from its offices within the United States. The MLS makes no representation that the Product is appropriate or available for use in other locations, and access from locations where its contents are illegal is prohibited. You may not export or re-export any portion of the Product except in full compliance with United States law, these Terms of Use, and, if applicable, your License Agreement, including restrictions relating to embargoed countries and parties on U.S. government denial or sanctions lists. GOVERNING LAW AND JURISDICTION State Listings, Inc. is headquartered in the State of Florida. These Terms of Use and your use of the Product are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The federal and state courts located in Florida have exclusive jurisdiction over any action against the MLS in connection with these Terms of Use or the Product, and you irrevocably consent to that jurisdiction, as well as to the jurisdiction of the federal and state courts located in any state where you are located for any action brought against you. If any material in the Product, or your use of it, is contrary to the laws of the place where you access it, or if the MLS is not licensed as required in that locale, the Product is not intended for you and we ask that you not use it. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction. NOTICES All notices to the MLS regarding these Terms of Use must be in writing and delivered by registered or certified mail, return receipt requested, or by a well-recognized overnight carrier. MISCELLANEOUS These Terms of Use contain the entire understanding of the parties with respect to the Product and supersede any prior oral or written statements on that subject, except that they do not supersede any written License Agreement between the parties. Your obligations are binding on your successors, legal representatives, and assigns. You may not assign or transfer these Terms of Use, in whole or part, without the MLS's prior written consent. These Terms of Use apply to your use of the Product and not to any other MLS activity, including its research activities. Headings are for reference only. -----------------------------------Updated: October 14, 2026 Information Required
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