TERMS AND CONDITIONS

Nebulous, LLC dba YourMLSsearch.com™, a Minneapolis, MN company (hereinafter referred to as YourMLSsearch.com™) hereby incorporates the following terms and conditions for subscriber website usage:

As a YourMLSsearch.com™ subscriber, you should read and fully understand the terms and conditions detailed below. By utilizing the services herein provided, you are agreeing to be bound by these terms and conditions. If you do not agree to be bound by the herein described terms and conditions, you are not authorized to utilize these services.

YourMLSsearch.com™ will:
  • Provide a "template website" for your use, as selected by you, from the suite of available designs.
  • Host the website on YourMLSsearch.com™ servers until you notify us in writing to remove it, or we take down your website due to non-payment of the appropriate hosting fees.
  • Modify, edit, take offline, or decline to activate a website that contains vulgar or questionable language, anything that may be illegal under Federal or State laws, or may be illicit or pornographic in nature. Determination of acceptable content is solely at the discretion of YourMLSsearch.com™. However, YourMLSsearch.com™ will contact you and suggest ways to eliminate the objectionable content. If you are unwilling or unable to remove the objectionable content, YourMLSsearch.com™ will not allow your website to go live. If objectionable content is discovered on your website after it is live, and you are unwilling or unable to eliminate the objectionable content within twelve hours of notification, YourMLSsearch.com™ reserves the absolute right to take down your website. There will be no refund of the fees paid.
  • Provide customer service Monday through Friday, from 9:00 A.M. to 6:00 P.M. Central Standard Time.
As a YourMLSsearch.com™ website subscriber, you will:
  • Notify YourMLSsearch.com™ within 24 business hours of any problems you find on your website once the website has gone live. If no notification is made, YourMLSsearch.com™ will assume that your website is acceptable.
  • Understand that your password is designed to protect you and the integrity of your website and associated information. As a subscriber, you agree to indemnify and hold harmless YourMLSsearch.com™ and its owners, officers, directors, agents, employees, successors, or assignees in the event you share your password with others, and that person accesses your website and makes unauthorized or detrimental changes to the information contained on your website. In the event you feel that the integrity of your website has been compromised, you should immediately take steps to protect yourself by changing your password and correcting any unauthorized changes.
  • Maintain the information on your website in a professional manner. All text should be run through a spell-checking program prior to uploading. YourMLSsearch.com™ reserves the right to edit a website for spelling and improper grammar should you be unable to correct text problems within five days of notification.
  • Provide YourMLSsearch.com™ a valid credit card to be used for payment of fees. By providing a valid credit card, you authorize YourMLSsearch.com™ to use the credit card for payment purposes.
  • Maintain listings displayed on your website in full compliance with:

1. All MLS Rules and Regulations which you are subject to in the course of your real estate activities

2. All policies as established by your employing broker

3. All applicable Federal, State and local laws regulating the advertising of properties listed for sale, including listed properties advertised for sale on the Internet.

4. All instructions from your seller relative to your handling of their listing with you

  • Maintain at all times the accuracy of listing information displayed on your website.
Payment Information:

YourMLSsearch.com™ reserves the right to change its pricing structure at any time. Once the payment has been made for the month or year, there will be no refunds given in the event you decide to discontinue use. Yearly payments will not be refunded in the event you decide to discontinue use of the website.

In the event that payment cannot be collected, you will be notified by YourMLSsearch.com™ and allowed three days to provide a valid credit card, or make other payment arrangements. If your credit card is declined more than once, a $5.00 fee will be charged for every declined attempt, up to a maximum of $15.00. After seven days, if payment has not been completed, your website will be taken offline until your account balance is brought current. If your website has been taken offline, there will be a $25.00 charge to re-activate your account.

YourMLSsearch.com™ reserves the right to pre-bill any account up to 30 days in advance of a period of service. This policy is being enacted (08/10/2009) in order to provide a window of time for any account that can not be billed prior to the beginning of an accounting period. This window allows YourMLSsearch.com™ the time to deactivate any non-billable accounts prior to the start of their next billing period.

MLS Data Feed

YourMLSsearch.com™ obtains the MLS data feeds used in its web site program directly from independent third party vendors. The MLS retains complete control over the data feed it provides. As a result, YourMLSsearch.com™ cannot guarantee that these MLS data feeds will always be available or accurate. Under no circumstances shall YourMLSsearch.com™ and its owners, officers, directors, agents, employees, successors, or assignees be liable for any consequential damages of any sort including, but not limited to: loss of goodwill or potential business as a result of an MLS feed not being accurate, not being viewable at a particular time, or not available at all. For a list of third party vendors providing YourMLSsearch.com™ its data feeds, please contact us at CustomerService@YourMLSsearch.com™.

E-mail Listing Alert Program:

YourMLSsearch.com™ obtains the email listing alert program used in its web site program directly from independent third party vendors. The third party vendors retain complete control over their email listing alert programs. As a result, YourMLSsearch.com™ cannot guarantee that these email listing alert programs will always be available or accurate. Under no circumstances shall YourMLSsearch.com™ and its owners, officers, directors, agents, employees, successors, or assignees be liable for any consequential damages of any sort including, but not limited to: loss of goodwill or potential business as a result of an email listing alert program not being accurate, not being viewable at a particular time, or not available at all. For a list of third party vendors providing YourMLSsearch.com™ its email listing alert programs, please contact us at CustomerService@YourMLSsearch.com™.

Warranty:

YourMLSsearch.com™ does not warrant that its "template web sites" will open and display properly all of the time, and YourMLSsearch.com™ specifically does not warrant the proper functioning of systems of any third party hosting or linking and further cannot warrant that such linking will be without interruption or is secure. As a convenience, YourMLSsearch.com™ web sites provide links to other web sites that are not controlled by YourMLSsearch.com™. Therefore, YourMLSsearch.com™ cannot and will not be responsible for the information contained on any linked web site, and specifically disclaims any liability for information on any linked web site. Use of such linked web sites is a convenience, and YourMLSsearch.com™ makes no endorsement for any linked web site. YourMLSsearch.com™'s only liability will be to use reasonable efforts to correct any web site problems and associated linking when the problem is identified.

Liabilities:

YourMLSsearch.com™ makes no other warranties, expressed or implied, other than those referred to above. YourMLSsearch.com™ does not warrant the fitness of its "template web sites" for a particular purpose. Under no circumstances shall YourMLSsearch.com™ and its owners, officers, directors, agents, employees, successors or assignees be liable for any consequential damages of any sort including, but not limited to: loss of goodwill, invasion of privacy, breaking into, or theft from, a property being posted on your web site on the Internet, loss of potential business as a result of a "template web site" not being viewable at a particular time, computer or server malfunction or failure, or any other loss or damage.

Indemnification:

In consideration of YourMLSsearch.com™ providing a template web site to its subscribers, subscribers hereby indemnify and hold harmless YourMLSsearch.com™ and its owners, officers, directors, employees, successors, and assigns from and against any and all claims, threats, suits, penalties, costs and expenses (including without limitation, legal fees, costs and disbursements) incurred, suffered or expended as a result of the improper or illegal use of a template web site by a YourMLSsearch.com™ template web site subscriber. Improper use shall include, but not be limited to:

  • 1. Violations of anti-spamming laws.
  • 2. Violations of any laws and/or statutes regulating the use of Internet web sites.
  • 3. Improper or unauthorized use and/or display of MLS data.
  • 4. Inaccurate display of listing information.
  • 5. Violations of your broker's policies regarding the display of listings on your web site.
  • 6. Violations of your broker's policies regarding the use of your web site.
  • 7. Violations of Federal and/or State laws and statutes regulating the advertising of properties listed for sale, including properties advertised for sale on the Internet.
  • 8. Violations of instructions from your seller.

By viewing this, you agree to all of these terms and conditions, and you further agree to hold harmless YourMLSsearch.com™ and its owners, officers, directors, agents, employees, successors, and assignees from any and all losses, claims, suits, liabilities, expenses including attorney's fees and costs, damages and any other matters resulting from your failure to comply with the terms and conditions herein described. Further, you agree to hold harmless YourMLSsearch.com™ for any consequential damages resulting from your "template web site" being posted to the Internet, including claims for trespass, theft, and invasion of privacy.

Governing Law

These Terms and Conditions shall be construed according to, and the rights of the parties shall be governed by, the laws of the State of Minnesota.

Arbitration

Any dispute arising under or relating to these Terms and Conditions shall be determined by arbitration. Any party may initiate arbitration by giving the other party a written Demand for Arbitration, but in no event after the date the applicable statue of limitations would bar the claim. The arbitrator shall determine the procedures to be followed in any arbitration under this agreement. The arbitration shall be conducted and determined by a sole arbitrator, who will be chosen by mutual agreement of the parties. If the parties fail to reach agreement within sixty (60) days of service of the Demand for Arbitration, the arbitrator will be chosen by the Superior Court of the County of Hennepin from its arbitrator panel. Any fee for initiating arbitration must be paid by the party initiating the arbitration. If any legal action or arbitration is necessary to enforce the terms of these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney's fees and costs, in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Terms and Conditions.

Severability

If any of the provisions of these Terms and Conditions are found or deemed by a court of competent jurisdiction to be invalid or unenforceable, they shall be severable from the remainder of these Terms and Conditions and shall not cause the invalidity or un-enforceability of the remainder of these Terms and Conditions.

Cancellation

This Agreement may be terminated by either party, without cause, at any time upon thirty (30) days written notice to the other. Client shall have the right to terminate this Agreement immediately, with no Termination Fee, in the event The Firm fails to perform any obligation required hereunder. Upon notice of termination for any reason, Client shall immediately pay all undisputed invoices.

Default:

Neither party shall be deemed in default or otherwise liable under these Terms and Conditions due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or similar cause beyond that party's control. If such event continues for more than thirty (30) days, either party may terminate their obligations under these Terms and Conditions upon written notice to the other party.

Right to Change Terms and Conditions:

YourMLSsearch.com™ may make amendments, deletions, or additions to these Terms and Conditions at any time without giving notice. Changes will be made by posting them to the Terms and Conditions section of your Control Panel. Once the posting has been completed, the revised Terms and Conditions are effective immediately. You agree to accept changes to the Terms and Conditions that are made in this manner, and the continued use of this web site after such changes shall constitute your consent to such changes.

Suspension or Termination of Use:

YourMLSsearch.com™ reserves the right, at its sole discretion, to suspend or terminate a subscriber's web site for any reason, including but not limited to, a breach of this Agreement. In the event YourMLSsearch.com™ elects to suspend or terminate a subscriber's web site, no refund of any fees paid will be made.

Agreement:

As a YourMLSsearch.com™ subscriber, you acknowledge reviewing these Terms and Conditions in their entirety, and agree to be bound by them.

(Updated 08/10/2009)