TERMS AND CONDITIONS AGREEMENT
The following terms and conditions govern your access to the compilation of real estate listings known as the multiple listing service (“MLS Database”) and the subset of the MLS Database comprised of public fields from the Internet Data Exchange (“Licensed Listings”). The MLS Database and Licensed Listings are owned by the Amarillo Association of Realtors™ (“AAOR”). Any person accessing the Licensed Listings is referred to as “You.” These terms and conditions constitute a legal agreement between You and AAOR.
BY CLICKING THE “I AGREE” BUTTON, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THE BUTTON INDICATING “I DO NOT AGREE” MUST BE SELECTED, AND YOU MAY NOT ACCESS THE LICENSED LISTINGS.
1. License Grant
Subject to the terms and conditions set forth herein, AAOR hereby grants You, and You accept, a non-exclusive, non-transferable license (“License”) to access the Licensed Listings from the www.amarillorealtors.org website (“Website”) solely for your personal and non-commercial use.
Linking
Except with the express written permission of AAOR, You may not create links from any site or page to any page within the Website. Upon receipt of express written permission from AAOR, You agree that (a) the original of any link to the Website must be accompanied by a clear and prominent attribution indicating that the link is connected to the Website; (b) You will not use “framing,” “pop-up window,” or other similar technique or display mechanism to change the appearance of the Website from how it would appear if a user accessed the Website from a typical web browser; and (c) Your site shall not display content that is infringing, obscene, illegal, immoral, unethical or offensive.
Limitations on License
You shall not access the Licensed Listings, in whole or in part, for any purpose except as expressly provided herein. You shall not modify, copy, display, reproduce, or create derivative works from, the Licensed Listings. You may not sell, license, sublicense, or otherwise transfer, the Licensed Listings, or any portion of the Licensed Listings, to any third party. You shall not engage in practices of “screen scraping,” “database scraping,” or any other similar activity.
No Personal Advice
The information contained on this Website and within the Licensed Listings does not and is not intended to convey any form of personal advice to You regarding the sale or purchase of real property. Such information cannot replace or substitute for the professional advice of a licensed REALTOR®.
Ownership
You acknowledge and agree that all right, title, interest in, and ownership of, including, without limitation, all patents, copyrights, trademarks, trade secrets and other intellectual property rights throughout the world, including derivative works, renewals, reissues and extensions (the “Rights”), relating in any way to the Licensed Listings and/or the Website belong solely to AAOR, its legal representatives, successors, and assigns.
Termination
The License or Website may be suspended or terminated by AAOR with or without cause or notice at any time. AAOR may block access to the Website and/or Licensed Listings from a particular Internet or IP address.
Operation in Accordance with Law
No access to the Licensed Listings, or any portion of the Licensed Listings, shall be used in connection with sending unsolicited or unauthorized advertising, spam, promotional materials, or any other form of unsolicited message, whether commercial or otherwise.
DISCLAIMER OF IMPLIED WARRANTIES
THE LICENSED LISTINGS AND WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. AAOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDES AND DISCLAIMS ANY WARRANTY THAT THE LICENSED LISTINGS PREPARED HEREUNDER ARE FIT FOR ANY PARTICULAR PURPOSE, AND FURTHER EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR NON-INFRINGEMENT.
THE LICENSED LISTINGS ARE COMPILED FROM INFORMATION PROVIDED BY THIRD PARTIES AND AAOR GIVES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO AAOR OR AAOR’S REPRODUCTION THEREOF.
LIMITATION OF LIABILITY
AAOR SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN THE LICENSED LISTINGS AND/OR WEBSITE CAUSED BY ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OR FAILURE TO ACT OF AAOR.
IN NO EVENT SHALL AAOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR LICENSED LISTINGS, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE AND/OR LICENSED LISTINGS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE AND/OR LICENSED LISTINGS, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE AND/OR LICENSED LISTINGS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AAOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR LICENSED LISTINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR LICENSED LISTINGS, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND/OR LICENSED LISTINGS.
Injunctive Relief
It is hereby understood and agreed that damages shall be an inadequate remedy in the event of a breach by You of any of these terms and conditions and that any such breach by You will cause AAOR great and irreparable injury and damage. Accordingly, You agree that AAOR shall be entitled, without waiving any additional rights or remedies otherwise available to AAOR at law, equity or by statute, to injunctive and other equitable relief in the event of a breach or intended or threatened breach by You of any of these terms and conditions.
GOVERNING LAW
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS, RULES, OR PRINCIPLES THAT WOULD APPLY THE LAWS OF ANOTHER STATE). THIS AGREEMENT IS MADE IN AND PERFORMABLE IN POTTER COUNTY, TEXAS, AND ANY ACTION ARISING OUT OF THESE TERMS AND CONDITIONS OR THE PARTIES’ RIGHTS AND DUTIES HEREUNDER SHALL BE BROUGHT ONLY IN A FEDERAL OR STATE COURT LOCATED IN POTTER COUNTY, TEXAS, AND EACH PARTY SUBMITS ITSELF TO THE JURISDICTION OF THAT COURT.
Changes
These terms and conditions may be changed by AAOR immediately upon notice. Continued access to the Licensed Listings following any change constitutes acceptance of the change.
Waiver
No waiver by AAOR of any breach by You of any of these terms and conditions shall be deemed a waiver of any preceding or succeeding breach of the same or any other provision hereof. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing.