RMLSweb.COM LICENSE AGREEMENT

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY

This RMLSweb.com License Agreement (the “Agreement”) is between you, a paid Subscriber (the user) and the Regional Multiple Listing Service, Inc. (“RMLS™” or “Licensor”). Your use of RMLSweb.com and mobile.RMLSweb.com (collectively, the “Website”) is conditioned upon your acceptance of the unmodified terms and conditions of this Agreement. By clicking on the “ACCEPT” button below, you will have agreed to the terms of this Agreement.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, YOU MUST IMMEDIATELY LOG OFF THE WEBSITE.

  1. License.

    1.1 Use. Licensor hereby grants you a nonexclusive, nontransferable license to access and use the Website via the Internet while you are within the United States, and to view and download a copy of the text, images, and other information expressly displayed to you on the Website (the “Content”) for your own use in conducting professional real estate activity only. This license only grants you the right to use the Website and Content in the manner described in this Agreement, and you do not acquire any right of ownership or title to them. All right, title, and interest in and to the Website and Content will at all times remain the property of Licensor. Your use of this Website is also subject to the RMLS™ Rules and Regulations.

    1.2 Proprietary Rights. The Content is exclusively owned by Licensor and/or its Content providers, and is protected by copyright laws.

    1.3 Restrictions. Your right to use the Website and its Content is limited, and is personal to you. Except as expressly permitted by this Agreement or the RMLS™ Rules and Regulations, you may not do any of the following, directly or indirectly:

    1. Make any copies of the Website, the Content, or any portion thereof, including any specific listing(s) included therein;
    2. Create any derivative works, enhancements, alternations or modifications of the Website, the Content, or any portion thereof;
    3. Download, distribute, export, sublicense, transfer or transmit all or any portion of the Website, the Content, or any portion thereof, physically, electronically, by facsimile, or otherwise;
    4. Publicly display the Website, the Content, or any portion thereof;
    5. Use the Website, the Content, or any portion thereof, for timesharing rental or service bureau purposes,
      or
    6. Link to or frame any portion of the Website or the Content.

  2. Information on Website; Access. The Content is intended solely for general guidance of RMLS™ members, and is not intended to constitute legal, tax, accounting or other professional advice of any kind. You will not have access to the Website without an email address and password unique to you. You may not loan, sell, license, disclose or otherwise make available your password to any person for any purpose whatsoever.

  3. Third Party Websites. The RMLSweb includes links to some third party websites. These sites are governed by their own terms of service and privacy statements, and RMLS™ is not responsible for their content or operations, including but not limited to their information practices. Users clicking through to these third party websites should review the terms of service and privacy statements of these sites before providing them with personally identifiable information.

  4. Permitted Copies and Distribution of Copies. RMLS™ hereby grants you a limited, non-exclusive personal license to print or to deliver electronically through electronic mail a reasonable number of individual listings from the Website for: a) the sole purpose of use by you as a reference or worksheet, for the pricing of real property, or preparing a comparative market analysis; or b) to deliver to an identified potential buyer or seller, but in either event: (i) only for the ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in the Content of the Website; and (ii) only in strict conformance with this Agreement, your Subscriber Agreement with RMLS™, and all Rules and Regulations.

  5. Injunctive Relief. You agree that if you breach or threaten to breach this Agreement in any manner, Licensor may suffer irreparable damage, money damages will be inadequate, and Licensor shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure a breach, and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Licensor may have at law or equity.

  6. Disclaimers of Warranties. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. YOUR ACCESS AND USE OF THE WEBSITE, SUCH CONTENT, AND OTHER INFORMATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT, AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY. LICENSOR DOES NOT WARRANT THE ACCURACY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE, OR THAT ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR THE CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

  7. Limitation of Remedies and Liability.

    7.1 Licensor will have no liability to you or to any third parties in connection with any use of the Website or the Content in any manner whatsoever.

    7.2 In no event shall Licensor be liable for direct, indirect, special, incidental, punitive or consequential damages, including, but not limited to, loss resulting from business disruption, loss of data, lost profits, lost goodwill or damages to systems or data, whether in an action for contract, tort (including negligence) or otherwise.

  8. Termination. RMLS™ may discontinue or change the Website and/or the Content or change the Terms of Service at any time for any reason without notice.

  9. Waiver. Waiver of a breach of or a right hereunder will not constitute a waiver of any other or subsequent breach or right.

  10. Governing Law. This Agreement and your use of the Website and the Content shall be governed solely by Oregon law excluding its (or any other jurisdiction’s) conflicts of laws principles. Venue for any action or arbitration between the parties shall be exclusively in Multnomah County, Oregon.

  11. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement may be sent to RMLS's copyright agent. For more information, click here.

PLEASE INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING THE "ACCEPT" BUTTON BELOW

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