Terms and Conditions
By accessing, using, and/or otherwise utilizing MLSlisted.com you agree and acknowledge that you have read, understood and agreed to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. YOU MAY NOT access, use, and/or otherwise utilize MLSlisted.com if you do not agree to all of these terms.
Please contact us with any questions.
1. Company
a. The website MLSlisted.com is owned and operated by No Fancy Car, Inc. (“Company”). The Company is primarily an world wide web (WWW) advertising service for real estate offered "for sale by owner". The Company is not a licensed real estate broker or member of any Realtor Association. The Company is not a member of any real estate multiple listing service (MLS), and does not list real estate on any MLS.
b. References in this Agreement to the “Site” shall mean MLSlisted.com, including but not limited to all webpages appearing on the MLSlisted.com internet domain, and all services and products made available on MLSlisted.com, including but not limited to the services and products identified in this Section 1. References in this Agreement to “MLSlisted.com” shall mean any and all webpages or other content or information appearing on the MLSlisted.com internet domain or computer servers owned or utilized by the Company.
c. MLSlisted.com makes the following available to buyers and sellers of real estate and related service providers: (a) for-sale and rental property listings; (b) advertising of for-sale property listings and related service providers; (c) seller’s option to forward information to a flat-fee real estate broker; (d) information pertaining to related service providers (including but not limited to legal, mortgages, valuations, and moving); (e) hyperlinks to industry websites, general advice for buyers and sellers, industry news, answers to frequently-asked questions; and (f) any other services or products made available on MLSlisted.com.
2 Use:
a. Monitoring: The Company reserves the right to monitor your access and use of the Site and your compliance with the terms hereof without notice to you.
b. Restrictions to Use. You agree that you will not post, transmit, e-mail, re-transmit or store material on, through or from the Site which, in the sole judgment of the Company:(1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other materials that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Site. You may only use the Site in a manner that, in the Company's sole judgment, is consistent with the purposes of the Site. If you are unsure of whether any contemplated use or action is permitted, please contact the Company immediately for clarification. The following example uses described below of the Site are expressly prohibited. You may not:
I. Violate any applicable local, state, national or international law (intentionally or unintentionally), or any regulations having the force of law;
II. “stalk" or otherwise harass another, including minors;
III. Threaten to harm, attempt to harm or actually harm another;
IV. Promote physical harm or injury against any group or individual, or animals, promote or provide instructional information about illegal activities;
V. Impersonate any person or entity, including, but not limited to, a company employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity, or misrepresent yourself as actual buyers or sellers of real estate;
VI. Post, e-mail, upload, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
VII. Post, e-mail, upload, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
VIII. Post, e-mail, upload, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or solicit any person or company using any telephone number, email address or other contact information found on the site for any reason other than the purchase of real estate or related services advertised for sale on the site;
IX. Post, e-mail, upload, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
X. Post, e-mail, upload, or otherwise transmit any software, music, sound, photographs, graphics, video, messages, information, data, text, or other materials that is abusive, harassing, tortious, defamatory, vulgar, obscene, unlawful, harmful, threatening, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited, including providing links to such content elsewhere;
XI. Effecting security breaches or disruptions of internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access;
c. Limited Access. You agree you will not send unsolicited e-mail or other messages to any other user of the Site for any reason, by means of MLSlisted.com or otherwise. Any access or attempt to access any areas of the Company’s computer system, or information contained on the system, except for MLSlisted.com and information contained thereof, for any purposes, is strictly prohibited.
d. Hyperlinks. The Company grants you a limited, nonexclusive right to create a hypertext link to MLSlisted.com, conditioned that such link does not portray the Company or the Site in a derogatory, false, misleading, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever.
e. Links to Third Parties. Any links on the Site to third party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. Company has not reviewed all of these third party websites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof.
f. Specific Use. The Site exists for the exclusive use of buyers and sellers of real estate and related service providers. Subject to the terms contained herein, Company hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, world-wide license to use the Site, which shall include the right to search, display and print the property listings appearing on MLSlisted.com for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Company reserves any rights not expressly granted herein.
f. Endorsements and Use/Visitation of Third Parties: Except as expressly set forth on the Site, Company does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by this Site, you do so entirely at your own risk and the Company bears no responsibility.
3. Disputes
This entire Agreement shall be governed by and reasonably construed in accordance with the laws of the State of Minnesota, notwithstanding the conflict of laws provisions of any state. By accessing this site, you unconditionally and irrevocably (I) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters), (II) agree not to commence any litigation arising out of or relating to this Agreement or the Company’s performance or nonperformance hereunder except in the Minnesota Courts, (III) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (IV) agree the Minnesota Courts represent the exclusive jurisdiction for all disputes arising out of or relating to this Agreement, or either parties’ performance or nonperformance thereunder. Disputes arising out of or relating to this Agreement shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on MLSlisted.com.
4. Dispute Time Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the Agreement, or the Company’s performance or nonperformance under the Agreement, must be filed within twelve months after such claim or cause of action arose, or it shall be barred forever.
