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 near 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, Hatch Realty (“Broker”); and Regional Multiple
Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com
(“RMLS”); and the developer of this site, Commissions 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 WorldWide-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
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
(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.
Purpose of Our Website
The purpose of viewallfargohomes.com is to allow our users to gain access to our real estate professionals, mortgage lenders, service providers and data. To gain access to this network of professionals, you must submit certain personal information. This information will be used by viewallfargohomes.com to assist you in the real estate transaction process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information. Once you have been contacted by one of our real estate professionals or service provider, any agreement you enter into with such third party will only be between you and such third party.
Copyright & Trademarks
© 2018 viewallfargohomes.com. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of viewallfargohomes.com/Local MLS/Other affliated parties and are all subject to copyright and other intellectual property protection laws. viewallfargohomes.com and all other trademarks and service marks indicated on our site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.
viewallfargohomes.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of viewallfargohomes.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of viewallfargohomes.com.
Professional Real Estate Advisors
Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. viewallfargohomes.com, its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice.
You agree that you must evaluate and bear all risks associated with your dealings with any real estate investor or investment company or real estate broker or brokerage company that is linked to, included in, or referred to by this site. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall viewallfargohomes.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.
On occasion, information on our site, such as home prices, may be outdated or otherwise incorrect. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.
Obligations of Home Sellers Registered With viewallfargohomes.com
By completing the home information form on this site, you agree that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are interested in buying or selling property;
- You do not have an exclusive contractual or other arrangement with any real estate professional; and
- You agree to be contacted by e-mail or other means by viewallfargohomes.com or a member or affiliate of viewallfargohomes.com regarding a property.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY VIEWALLFARGOHOMES.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIEWALLFARGOHOMES.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIEWALLFARGOHOMES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIEWALLFARGOHOMES.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIEWALLFARGOHOMES.COM WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
By visiting viewallfargohomes.com, you agree that the laws of the State of ND, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and viewallfargohomes.com or its affiliates.
Links to Other Sites
From time to time, viewallfargohomes.com may include on its site third party service providers (such as a lender, moving company, home improvement center, etc.). viewallfargohomes.com may post information about, or links to, these companies as a service to its users who may be interested in such services. viewallfargohomes.com is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.
Any dispute relating in any way to your use of the viewallfargohomes.com site shall be submitted to confidential and binding arbitration in Fargo, ND, except to the extent that you have in any manner violated or threatened to violate viewallfargohomes.com's intellectual property rights, viewallfargohomes.com may seek injunctive or other appropriate relief in any state or federal court in the State of ND, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Other Policies, Modification and Severability
By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A printout of this Agreement and the documents it incorporates by reference will constitute a "writing" under any applicable law or regulation.
WHEN YOU SUBMIT AN ONLINE APPLICATION FOR OUR SERVICES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FAX ABOUT THOSE SERVICES PROVIDED BY COMMISSIONS, INC., ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS.
Commissions, Inc. and its affiliates and its third party service providers shall give you the opportunity to opt-out of all such communications. Clear directions for opting out of receiving automated communications shall accompany all messages Commissions, Inc., its affiliates, and its third party service providers send you.