Last Update: September 18, 2019
- 1. Credentials. Certain Applications may provide additional functionality to credentialed users, such as data provided through Virtual Office Website ("VOW") services. If you are a credentialed user, you represent and warrant that any user credentials or other information you present or use in the Application will be true, current and accurate, and you will not access MLS Content or Applications with false or inaccurate credentials or credentials not provided by a valid Member of an MLS whose content you seek to access. You shall not share or lend your credentials to any third party. You may need to enter into a separate agreement to obtain VOW or other user credentials. You shall remain in compliance with any separate agreement or terms under which you obtained credentials while this Agreement remains in effect.
- a. You may not copy, redistribute, or retransmit any of the MLS Content, except in connection with your consideration of the purchase, sale or lease of an individual property;
- c. You shall not engage in scraping, harvesting or other type of collection of MLS Content;
- d. You shall abide by any additional rules or limitations regarding use of MLS Content displayed in the Application or contained in a Developer EULA;
- e. You shall provide any assistance reasonably requested by FBS or an MLS in remedying any unauthorized use of MLS Content or the Platform;
- f. You may not reproduce, modify, reverse engineer, disassemble or decompile any binary code, API or other materials and components used in connection with the Platform or MLS Content;
- g. You may not remove or tamper with any security or analytics-related components associated with the Platform, Applications, MLS Content or MLS systems;
- h. You may not rent, lease, lend, upload to or host on any website or server, sell, redistribute or sublicense any Platform service or component, or enable others to do so;
- i. You may not take any action related to the Platform that interferes with, damages, accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of FBS or of any end user or other third party;
- j. You may not use the Platform or MLS Content in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality; and,
- k. You must comply with any additional restrictions stated in an Application.
4. Platform Management. You understand and agree that FBS and MLS have rights to manage the Applications and MLS Content, and your use thereof, and may at any time, without limitation:
- a. Provide updates to the Applications from time to time for feature enhancement, security or other purposes;
- b. Terminate your access to any Application; and
- c. Rate limit your access to the Application or MLS Content at any time and in FBS's sole discretion.
- 6. Mobile/Web Access. You are solely responsible for any mobile data fees and other third-party charges you may incur in connection with your access, download and use of the Platform or Applications.
- 9. Warranty Disclaimer, Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND MLS Content ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND MLS Content ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND FBS AND MLS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FBS AND MLS FURTHER DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE PLATFORM OR MLS Content WILL MEET YOUR REQUIREMENTS, WILL BE FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERROR, OR THAT DEFECTS IN THE PLATFORM OR MLS Content WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FBS, MLS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FBS OR MLS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM AND MLS Content, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FBS OR MLS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FBS'S AND MLS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE DOLLAR ($1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. General Terms.
- a. Territory. The Platform and MLS Content are intended for and made available to customers in the United States.
- f. Export Restrictions. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Platform or MLS Content.