Regional Multiple Listing Service of Minnesota, Inc.
End-User License Agreement for consumers accessing
public MLS and broker web sites, including Broker
To satisfy the requirements of RMLS policy (1) This agreement must be available to
consumers before they are able to see the IDX data and must be available for review at
the beginning of each visit by the consumer. (2) The consumers must assent
affirmatively 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 data
for that consumer.
This can be done unobtrusively by putting a link above the ‘Search’ button on the search
page. 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 the
agreement must be exactly the language presented below, unless RMLS approves
alterations in writing in advance.
Required Agreement text
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;
and the owner of this site, Vibrant Realty (“Broker”); and Regional Multiple
Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com
(“RMLS”); and the developer of this site, PropertyMinder,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:
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.
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.
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.
You will not:
Use the Licensed Site, Licensed Content, or both for any purpose other than a
personal, non-commercial one;
- 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;
- 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
- Employ the Licensed Content, the Licensed Site, or both for any unlawful
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.
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
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.
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.
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.
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.
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.
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.
Digital Millennium Copyright Act (DMCA) Notices: The Digital Millennium Copyright Act of
1998, 17 U.S.C. § 512 (the "DMCA"), provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in
good faith that any content or material made available in connection with our website or services
infringes your copyright, you (or your agent) may send us a notice requesting that the content or
material be removed, or access to it blocked. Notices and counter-notices should be sent in
writing by mail to: Michael Bisping, Director of Customer Relations at Regional Multiple Listing
Service of Minnesota, Inc., 2550 University Avenue West, Suite 259S, Saint Paul, MN 55114 or
by email to email@example.com.
The DMCA requires that your notice of alleged copyright infringement include the following
information: (1) description of the copyrighted work that is the subject of claimed infringement; (2)
description of the alleged infringing content and information sufficient to permit us to locate the
content; (3) contact information for you, including your address, telephone number and e-mail
address; (4) a statement by you that you have a good faith belief that the content in the manner
complained of is not authorized by the copyright owner, or its agent, or by the operation of any
law; (5) a statement by you, signed under penalty of perjury, that the information in the notification
is accurate and that you have the authority to enforce the copyrights that are claimed to be
infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized
to act on the copyright owner's behalf. Failure to include all of the above information may result in
the delay of the processing of your complaint.