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 HEARTLAND MLS MARKET WATCH: TERMS OF USE AGREEMENT

You as the Signatory to this Terms of Use Agreement (the “Agreement”) acknowledge and agree to the following terms and conditions as consideration for access and use of the "Economic and Market Watch Reports" available from time to time at this website owned and operated by Heartland Multiple Listing Service, Inc. ("HMLS").  ["I", “You” and “Signatory” are interchangeable terms and the defined terms “Participant” and “Subscriber” apply as appropriate to the Signatory.]

 

1.         User Representations. You hereby represent and warrant that you are eligible to access the functionality accessible at the HMLS website, and that you are a Participant, Subscriber or Affiliate of HMLS as defined in the HMLS Rules and Regulations, as amended from time to time.

 

2.         Permitted Use.  You are permitted to have access to and download the quarterly Economic and Market Watch Reports available from time to time on this HMLS website (such reports, including the data, information and content contained therein, shall be referred to in this Agreement as the "Reports"), provided that you comply with all of the terms and conditions of this Agreement.  You agree to use the Reports only for marketing presentations to potential sellers or buyers of residential real estate in order to obtain listings from sellers or represent buyers or for purposes of making property valuations.  You shall not share, loan, swap, resell, redistribute, license, sublicense or relicense access to the Reports, or any portion thereof, with or to any other person or entity not employed by or affiliated with Participant, except that You may share single copies of the Reports with your customers or clients, or persons who You are seeking to persuade to become your customer or client.

 

3.         Intellectual Property Rights.  As between You and HMLS, you acknowledge and agree that HMLS owns all Intellectual Property Rights in and to the Reports and you shall not infringe upon or contest these claims, or assist others in doing so.  You shall co-operate with HMLS on reasonable terms and conditions in any efforts by HMLS to defend or assert its Intellectual Property Rights in the Reports.  For purposes of this Agreement, “Intellectual Property Rights" means any patent, trademark, service mark, trade dress, logo, trade name, copyright, mask work, trade secret, confidential information, publicity and privacy rights, contract rights prohibiting the resale or redistribution of proprietary data, or other property rights.

 

4.         Waiver.  You hereby waive any claims for damages of any kind against HMLS or its successors and assigns, or any of their respective officers, directors, employees, attorneys or agents, based upon your access to or use of any Report or other information data or content contained in the Reports.

 

5.         Indemnification.  You shall indemnify, defend and hold harmless HMLS and its successors and assigns and each of their respective officers, directors, agents, attorneys and employees from any and all obligations, liabilities and costs (including but not limited to reasonable attorneys’ fees at all levels of litigation), arising from allegations by any third party, that if proven to be true, would constitute a breach by You of your duties, obligations, representations or warranties, under this Agreement, your use of any Reports in excess of the Permitted Uses set forth in Section 2, or any claim brought against HMLS by a third party to whom You provided a copy of a Report alleging that the third party relied to his/her/its detriment upon any data or material contained in any Reports that You provided to such third party. 

 

6.         Disclaimer.  THE SITE AND THE REPORTS AVAILABLE HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE REPORTS, OR THAT ANY OF THE INFORMATION CONTAINED IN ANY REPORT IS COMPLETE, TIMELY OR ACCURATE.

 

7.         Limitation of Liability.  HMLS SHALL NOT BE LIABLE TO YOU OR PERSON EMPLOYED BY OR AFFILIATED WITH YOU FOR ANY DAMAGE WHATSOEVER BASED UPON THE USE OF THE REPORTS, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, WHETHER OR NOT HMLS IS OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8.         Non-Assignability.  This Agreement may not be assigned by you under any circumstances.

 

9.         Access.  You agree that your access to the Reports may be terminated by HMLS at any time with or without notice, and shall terminate immediately if any of the representations made by you in Section 1 of this Agreement cease to be true, or if you use any Report in excess of the permission granted in Section 2 of this Agreement.

 

10.       Viruses.  HMLS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Reports or your downloading of any of the Reports.

 

11.       Changed Terms.  HMLS has the right at any time to change or modify the terms and conditions applicable to use of the Reports, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for such use.  Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on this site, or by electronic or conventional mail, or by any other means.  Any use of the Reports by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

 

12.       Miscellaneous.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.  This Agreement shall be construed in accordance with the laws of the State of Kansas without regard to its conflict of laws rules.  You hereby irrevocably consent to exclusive jurisdiction of the state and federal courts located in Johnson County, Kansas, in connection with any action relating to or arising out of this Agreement and waive any objection to venue in any such courts.  No waiver by HMLS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

 

13.       Authority.  You hereby represent and warrant that you are authorized to enter into this Agreement and agree that this Agreement constitutes a valid and legally binding obligation enforceable against you and the real estate brokerage or appraisal firm with which you are affiliated, in accordance with its terms.