Terms of Use
The
following terms and conditions govern all access to and use of this site. You accept, without limitation or alteration,
all the terms and conditions contained herein.
This agreement is a binding
contract and includes terms that limit your legal rights and Licensors’
liability to you. Consult your attorney
before Agreeing if you do not understand any of the terms here.
End-User License Agreement
This
End-User License Agreement (“EULA”) is a legally binding contract between you;
the owner of this site; and Regional Multiple Listing Service of Minnesota,
Inc., d/b/a NorthstarMLS and NorthstarMLS.com
(“RMLS”); and the developer of this site, eNeighborhoods, Inc.
(“Developer”). (Collectively, Broker,
RMLS, and Developer are the “Licensors.”)
You seek
access to real estate listings that are made up of factual information and
creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the
Licensed Site, but use of this information is limited by the terms of this
license.
In
consideration of the mutual covenants contained herein, you and Licensors
hereby agree as follows:
1. Access permitted. Licensors agree to provide you online access
via the World-Wide-Web to the Licensed Content and the Licensed Site for the
duration of the current viewing session.
You acknowledge that you will be required to execute a new EULA upon
your next visit to the Licensed Site. You
agree not to attempt to access the Licensed Site after the termination of this
EULA.
2. Acknowledgement of Title. You acknowledge that all right, title, and
interest in the copyrights and other intellectual property rights in the
Licensed Site and the Licensed Content 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 and others. Neither
this EULA nor the Licensed Site grants you any right to use any Mark displayed on
the Licensed Site or any other Marks of Licensors.
3. License. Licensors hereby grant you a revocable,
limited, nonexclusive license during the term of this EULA to duplicate,
distribute and display the Licensed Content and the Licensed Site, solely for
your personal, non-commercial use, and subject to the limitations set forth in
this EULA. Licensors grant nonexclusive
licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA
are reserved.
4. Limited Use. You will not:
(a) Use the Licensed Site, Licensed
Content, or both for any purpose other than a personal, non-commercial one;
(b) Disclose any of the Licensed Content,
including factual content, to any third party except in furtherance of your
personal real estate transaction, and then only to the extent necessary;
(c) Gather, or attempt to gather, by any
automated means, including “screen scraping” or “database scraping,” factual
content or any other portion of the Licensed Content from the Licensed Site; or
(d) Employ the Licensed Content, the
Licensed Site, or both for any unlawful purpose.
5. License
revoked. Your license to use the
Licensed Content and the Licensed Site is immediately revoked, without notice
from Licensors, in the event that you breach any provision of this EULA.
6. General terms.
(a) Term and termination. Any party may terminate this EULA upon notice
to another. In the event of termination,
all licenses hereunder immediately terminate, and you agree to discontinue
accessing and attempting to access the Licensed Site. The terms of sections 2, 4, and 6 of this
EULA shall survive its termination.
(b) Disclaimer of warranties. Licensors
provide the LIcensed site and Licensed Content on an “as is,” “as available”
basis. Licensors make no warranty as to
the accuracy, completeness, currency, or reliability of the Licensed
Content. you are advised that factual
material in the Licensed content, though deemed reliable, may contain errors
and is subject to revision at all times.
You are advised to confirm all factual material upon which you intend to
rely in any transaction. The Licensors
expressly disclaim all warranties with respect to the Licensed Site and the
Licensed Content, including the implied warranties of merchantability and fitness
for a particular purpose. Possible
errors in the Licensed 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, and incorrect information about improvements.
(c) Limitations
and exclusions of liability. Under no circumstances shall the Licensors
be liable to you or anyone else for any
direct, indirect, incidental, special, consequential, Exemplary, or punitive
damages that result from the use of, or inability to use, the licensed site,
the Licensed Content, Or Both. Your sole
remedy, in the event the Licensors or any one of them breach this EULA, shall
be to terminate this EULA. IN THE EVENT
THE LIMITATIONS SET FORTH IN THE PRECEDING TWO
SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE, lICENSORS SHALL NOT IN ANY
EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND IN EXCESS OF
$500.
(d) Indemnification. You will defend, indemnify and hold the
Licensors harmless 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 the Licensors
arising from any of your acts, including without limitation violating this 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 or delegation in contravention of
this section is null and void.
(f) Integration and severability. This EULA contains the entire understanding
of the parties and supersedes all previous oral and written agreements on the
subject matter hereof. Each provision of
this EULA is severable from the whole, and if one provision is declared
invalid, the other provisions shall remain in full force and effect.
(g) Governing law. This EULA shall be governed by, and construed
in accordance with, the laws of the State of Minnesota
applicable to contacts made and performed in Minnesota, but without regard to the choice
of law and conflicts of law provisions thereof.
The parties hereby agree that any dispute under this EULA shall have its
forum in the state or federal courts located in Ramsey
County, Minnesota, in the United States of America,
and the parties hereby consent to personal jurisdiction therein and expressly
waive any defenses to personal jurisdiction, including forum non conveniens.