Member Terms and Conditions

 

Member Terms of Use

 

Terms of Use for State Listings, Inc. DBA www.nystatemls.com (Known as NYStateMLS or NY State MLS)

ACCEPTANCE OF TERMS

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the NYStateMLS web site (the “Site” or “we” or “us,” located at http://www.NYStateMLS.com) is subject to the following terms and conditions (the "Terms of Use" or the "Agreement"). By SUBMITTING INFORMATION to, accessing information from, and simply using this Site (or any part thereof), YOU, the end user subscriber (“SUBSCRIBER”) AGREE to be legally bound by the following Terms of Use as we may modify them from time to time.

These Terms of Use apply to your use of this Site, including the NYStateMLS services offered via the Site. They constitute a legal contract between you and NYStateMLS, and by accessing or using any part of the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. No information should be submitted to, or posted at, the “Product” (as described below) by visitors under 18 years of age.

If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not submit information to, or access information from, the Service. Notwithstanding anything to the contrary herein, if you and NYStateMLS have entered into a separate written agreement that covers your use of a NYStateMLS service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use.

MODIFICATIONS OF THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms of Use at: http://www.NYStateMLS.com

Services

The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the "Content") are proprietary to NYStateMLS and its licensors, and are protected by copyright and other U.S. and international intellectual property rights (Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.), laws and treaties. The Content includes proprietary databases (the "Database") of real estate information, which, by way of example, include information, text, photographic and other images and data contained therein (collectively, the "Information") and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Product".

Those portions of the Product that may be accessed by the general public and that do not require any use of Passcodes (as defined below) are referred to as the "Non-Passcode Protected Product" (“Public Search”). Those portions of the Product that require use of Passcodes for access and are available only to individuals or entities ("NYStateMLS SUBSCRIBERS"), or those acting through them, who enter into a License Agreement (as defined below) with NYStateMLS that authorizes access to such NYStateMLS service are referred to as the "Passcode Protected Product".

The Passcode Protected Product is used for Basic, Standard and Premium Memberships (as described above). A "License Agreement" is defined as either (i) a written hand-signed contract between a NYStateMLS SUBSCRIBER and NYStateMLS that authorizes access to a NYStateMLS service, or (ii) an online contract between the NYStateMLS SUBSCRIBER and NYStateMLS that is formed by online registration and acceptance of these Terms of Use and that authorizes access to a NYStateMLS service. A member can be a Participant or a Subscriber.  

MEMBERSHIP PRIVILEGES/SUBRSCRIPTIONS

By Joining and subscribing to NYStateMLS you agree that you are licensed by New York State as a Real Estate Broker, Associate Broker or Licensed Salesperson or are otherwise are a Licensed Real Estate Appraiser, Attorney or Lending Institution, and that you are the owner of all data or that you have all the necessary permissions from the owner of the data to post such data on NYStateMLS. You agree to be bound by the terms of your license.  If you are not the corporate broker of your firm, you agree that you are acting on behalf of your firm, posting listings on behalf of your firm with the permission and consent of your firm.  You agree not break any applicable laws or violate the terms of your license or otherwise access the site in violation of state law.

Participant/Subscriber

Participation Defined

Any Member of this MLS who is a principal, partner, corporate officer or branch office manager acting on behalf of a principal or other licensee as designated by the principal broker or otherwise acting on behalf of a principal or their firm, without further qualification, except as otherwise stipulated in these bylaws, shall be eligible to participate in the multiple listing upon agreeing to these terms of use (electronically or in writing) to conform to the rules and regulations thereof and to pay the costs incidental thereto. NY State MLS member accounts can only be affiliated with one license, office, brokerage, at a time.

None of the foregoing is intended to convey participation or membership or any right of access to information developed by or published by NYSTATEMLS.com’s multiple listing service where access to such information is prohibited by law.  The principal of any firm, partnership corporation, or the branch office manager designated by said firm, or other firm's designee, partnership, or corporation as the participant shall have all rights, benefits, and privileges of the service, and shall accept all obligations to the service for the participant’s firm, partnership, or corporation, and for compliance with the by laws and rules and regulation of the service by all persons affiliated with the participant who utilize the service.  

Broker's may join as basic members to participate in the MLS.  The broker's basic membership is sufficient to agree to unilateral offers of cooperation and compensation for all of their firm’s listings. 

The NYSTATEMLS.com is a means by which authorized participants make blanket unilateral offers of compensation to other participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law)

Licensee’s who are licensed with a firm that is a participant of the NYSTATEMLS.com may become a member/subscriber.

Other Subscribers (members)

Other subscriber’s may become members, or gain access to the MLS if they are licensed real estate appraisers or lending institutions or otherwise engaged in the valuation of property that would require access to MLS listing data.  Other subscriber’s may only search the MLS for purposes of market valuations and may not post listings to the listing database.

Only Authorized Users for a Passcode Protected Product may access such product and they may access it solely using the user name, password (Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. NYStateMLS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information).

An Authorized User Member is defined as an individual (a) employed by a NYStateMLS SUBSCRIBER or an Independent Contractor (as defined below) of a NYStateMLS SUBSCRIBER at a site identified in the License Agreement, and (b) who is specified in the License Agreement as a user of a specific Passcode-Protected Product. An "Independent Contractor" is defined as an individual person working solely for a NYStateMLS SUBSCRIBER and not another company with real estate information needs and performing substantially the same services for such NYStateMLS SUBSCRIBER as an employee of such NYStateMLS SUBSCRIBER.

No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the NYStateMLSweb site without express written permission from NYStateMLS.

NYStateMLS utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant NYStateMLS the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes NYStateMLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. NYStateMLS will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will NYStateMLS have any liability for sending any email to its registered users/customers.

All members on the NYStateMLS website must be Licensed Real Estate Brokers, Associate Brokers or Licensed Salespersons to enter listings. Only one license can be associated with an account at a time. Certain authorized administrative assistants or office managers may also enter listings on behalf of a broker with the broker's permission. 

Property Managers and Propery Management Firms

Property Managers and Property Management Firms and Organizations may become a valid member of NY State MLS to list properties under their management only.

Property Managers and Property Management Firms who may or may not employ a Licensed Real Estate broker may become NY State MLS members under this new rule strictly for the purpose of marketing property under their management only. Property managers and management firms may list property under their management only for the sole purpose of marketing.

Under this property management rule, property managers and firms must offer cooperation and compensation to fellow NY State MLS members.  

Chattel Rule

Any owner of a mobile home or manufactured housing community who is a licensed dealer of mobile/manufactured homes in their state, who are permitted to sell chattel under their  state license, may become a valid member of NY State MLS to list chattel dwellings only.  Licensed Chattel dealers who are not also licensed real estate brokers can become members under this new chattel rule. 

If the state where the mobile home or manufactured housing community is located does not license mobile/manufactured home dealers, the community owner may be a member of NY State MLS, as long as the member only lists properties in their communities or other chattel they sell. 

Under this chattel rule, mobile/manufactured home dealers and community owners must offer cooperation and compensation to MLS members.  

Member Subscription privileges are granted by NYStateMLS to individuals exclusively and are granted specifically to the subscribing Member only. Member Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Member without the express written permission of NYStateMLS. Member Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Customer acknowledges that NYStateMLS (in addition to its other remedies) can cancel and prohibit Membership Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. NYStateMLS also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Membership Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on NYStateMLS.com. Membership Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription by contacting NYStateMLS via email or phone at three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

These membership privileges are subject to change at the sole discretion of NYStateMLS.


For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer's subscription rate will be adjusted commencing with the next bill date. No partial month refunds will be provided. Standard Members may change current membership level to a higher Membership Subscription or to a Premium Membership by clicking on "Upgrade" under "My Account – Company Information". Service will upgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided.

FREE MEMBERSHIP

During special offers and for limited times only, NYStateMLS’ may offer at its sole discretion a free Basic Membership to NY State Real Estate Brokers, associate brokers and licensed salespersons. Unless terminated sooner by NYStateMLS, the Basic Membership shall last for exactly the amount of time listed in the individual offer and the free membership will terminate exactly at the end of the term offered. The terms set forth on NYStateMLS’s website, combined with these Terms of Use, shall constitute a License Agreement between NYStateMLS and the Customer relating to such individual's access to and use of the associated Passcode Protected Product being offered through the Free Membership. During the Free Membership the member shall be considered an Authorized User and a NYStateMLS Customer (as defined in these Terms of Use) and may use the Passcode Protected Product during the Free Membership subject to and solely in accordance with the terms outlined in such License Agreement relating to the Free Membership (which includes these Terms of Use).  Participants and Subscribers are eligible for the free basic membership, if that is the level of membership service they choose.

CONTENT/SUBMITTED CONTENT

You understand that all listings, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that NYStateMLS does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the NYStateMLS site and Content available through the Service may contain links to other websites, which are completely independent of NYStateMLS. NYStateMLS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will NYStateMLS be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that NYStateMLS reserves the right to pre-screen or approve Content, and that NYStateMLS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content to the Product, for it to be publicly displayed on the Product, used by NYStateMLS in connection with researching real estate activity, or for some other purpose ("Submitted Content"). NYStateMLS acknowledges that if you provide NYStateMLS with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated.

With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant NYStateMLS and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that NYStateMLS may preserve any such content and may also disclose such content in its discretion.

Submission and Administration of Listings

Types of Listings Allowed

NYStateMLS allows the following listing in our database:

Exclusive Right to Sell & Exclusive Agency

Offers of Cooperation and Compensation

Participants agree to unilateral offers of cooperation and compensation with other members.  All listings require that offers of cooperation and compensation are made on every listing.  Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease).

NO CONTROL OF COMMISSION RATES OR FEES CHARGED BY PARTICIPANTS: The Multiple Listing Service shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by articipants. Further, the Multiple Listing Service shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating participants or between Participants and non-participants.

All NY State MLS members must agree to cooperate and compensate with other NY State MLS members at the same rate posted on a listing's current listing agreement. 

NY State MLS accepts listing agreements not originating from NY State MLS. The agreement should include an adendum signifying the listing will be included in NY State MLS.

Timing of Listing Submission

Participants agree to submit listings to NYStateMLS database within 3 business days of signing the listing contract.  We are paperless, therefore listing contracts do not need to be submitted to the MLS, however they do need to be kept in the participant's file to be produced upon request by NYSTATEMLS.  Listings require an expired field and the database expires listings automatically. 

Withdrawn listings must be withdrawn within 3 business days of receiving the signed listing withdrawal.  Sold listings must be updated within 3 business days of closing date. Sold listings must contain the sale price, sale date and (if applicable) cooperating broker’s information. Contract, Pending and Off Market listings must be updated with the current status within 3 business days of any status change.

Participants who fail to keep their listings updated with the appropriate status may be subject to membership suspension.   

Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to NYStateMLS unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on NYStateMLS’s website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the NYStateMLS website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, refuse service to, or suspend the listings of any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the NYStateMLS website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the NYStateMLS website and other NYStateMLS partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the NYStateMLS website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the NYStateMLS system under a name other than the named licensed real estate broker that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the NYStateMLS website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to NYStateMLS. NYStateMLS may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
 

Listing Submission

NY State MLS members are given up to 150 listings per year at no cost. Any individual member who creates more than 150 listings per year will be subjected to pay a five dollar ($5.00) listing fee for each subsequential listing surpassing 150 listings. If a member creates more than 250 listings, they will be charged retroactivly, and will be charged a five dollar ($5.00) for every listing that year.

 

Use of Information & Passwords/Logins

Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information ("Prior Sales"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to NYStateMLS. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NYStateMLS. NYStateMLS does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the Prior Sales information solely to obtain initial information from which further evaluation and investigation may commence.

NYStateMLS’s reports and services and any and all Content offered by NYStateMLS.com to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY NYSTATEMLS, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer shall limit access to and use of active property listings, member directory, reports, and Prior Sales information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the NYStateMLS Service as part of any effort to compete with NYStateMLS, including without limitation using the NYStateMLS Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential NYStateMLS customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the NYStateMLS Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy NYStateMLS products, services or information; decompile, decode or reverse engineer NYStateMLS software; or use NYStateMLS products or services in an unlawful manner, such as for offensive, abusive, tortioustortuous, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.

Permitted Uses

Subject to the provisions in these Terms of Use, you may use the Non-Passcode Protected Product (or, if you are an Authorized User, subject to the provisions in your License Agreement and these Terms of Use, you may use the applicable Passcode-Protected Product), in the ordinary course of your business for:

(1) Your internal research purposes;

(2) Providing information regarding particular properties and market trends to your clients and prospective clients;

(3) Marketing properties;

(4) Supporting your valuation, appraisal or counseling regarding a specific property; and

(5) Creating periodic general market research reports for in-house use or for clients' or prospective clients' use, provided that such reports do not contain building-specific or tenant-specific Information and are not commercially or generally distributed.

Subject to the provisions in your License Agreement and these Terms of Use, you may print Information or copy Information into word processing, spreadsheet and presentation programs (or other software programs with the express written consent of NYStateMLS), so long as the level of Information being printed or copied is reasonably tailored for your purposes, insubstantial and used in compliance with these use and copying provisions.

Notwithstanding the foregoing, the Information you access through the "Free Public Search" feature on this Site may only be viewed by you for your individual, non-commercial use while visiting this Site.

Submitted Content

This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content to the Product, for it to be publicly displayed on the Product, used by NYStateMLS in connection with researching real estate activity, or for some other purpose ("Submitted Content"). NYStateMLS acknowledges that if you provide NYStateMLS with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not NYStateMLS, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Product. NYStateMLS is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in NYStateMLS sole discretion.

With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant NYStateMLS and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that NYStateMLS may preserve any such content and may also disclose such content in its discretion.

You represent and warrant that (a) you own or have the full right, power and authority to grant to NYStateMLS use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product; (b) your license of such content to NYStateMLS hereunder does not, and the use or license of such content by NYStateMLS to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.

Information about You

When you use the Product, NYStateMLS collects both personally and non-personally identifying information about you and your use of the Product. Such information includes (a) what you intentionally submit to us while using the Product, including, for example, by filling out forms with your contact information or by logging in with your NYStateMLS and password, and (b) information that may be collected automatically while you use the Product, including, for example, your IP address, your IP host, session duration, and "click stream" data that tracks user activity in the Product.

We generally use or disclose the information we collect through the Product to conduct research on and to improve the Product, to perform customer service and support, to fulfill your requests for services, and to provide you with information regarding our services, including service-related announcements.

In some but not all circumstances, at the time you submit personally identifiable information, we may provide you with the opportunity to "opt out" of some uses or disclosures of personally identifiable information. In addition, regardless of whether you exercise an opportunity to opt out, NYStateMLS reserves the right to use or disclose the information we collect whenever we have reason to believe that use or disclosure may be necessary to identify possible violations of these Terms of Use or a separate License Agreement, to identify, contact or bring legal action against persons or entities who may be violating your rights, our rights or the rights of others, or if we believe that we are required to do so to respond to legal process or otherwise to comply with law. We also reserve the right to use and disclose the information we collect to protect the security of our software, products and services, web sites, users, and to protect ourselves from liability or in connection with a merger, acquisition or liquidation.

NYStateMLS takes steps to protect the security of the personally identifiable information we collect, including, for example, physical, electronic, and procedural safeguards.

Although the Product can technically be viewed by children, we do not knowingly request personally identifiable information from them nor does the Product publish content that is targeted to children. No information should be submitted to, or posted at, the Product by visitors under 18 years of age.

If you have a further question, please notify us by e-mail at customerservice@nystatemls.com. We will do our best to look into your request and respond promptly.

THIRD PARTY CONTENT, SITES, AND SERVICES

The NYStateMLS site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NYStateMLS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that NYStateMLS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NYStateMLS is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NYStateMLS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.


This web site may contain hyperlinks to other web sites operated by parties other than NYStateMLS, Inc. and its subsidiaries, which are beyond NYStateMLS’s control. Parties other than NYStateMLS may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use NYStateMLS’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the NYStateMLS site. NYStateMLS does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. NYStateMLS does not assume any liability for the actions, product, and content of all of these and any other third parties. NYStateMLS makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the NYStateMLS site, the site you will land on is not controlled by NYStateMLS and different terms of use and privacy statements may apply. NYStateMLS also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Payment Terms

Customer agrees to pay for all products ordered through the NYStateMLS web site or via the NYStateMLS sales team using the payment method indicated, and provides NYStateMLS express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of NYStateMLS products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, NYStateMLS may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. NO REFUNDS WILL BE PROVIDED ON A YEARLY MEMBERSHIP THAT IS TERMINATED AT ANY TIME DURING THE MEMBERSHIP PREPAID PERIOD. 

Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the NYStateMLS Web site three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with NYStateMLS. If Customer has a question about a cancellation, Customer should contact NYStateMLS Client Services at customerservice@nystatemls.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

If you are accessing the Passcode Protected Product, you agree: (1) to provide NYStateMLS with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable license fees or other fees incurred by your use of the Passcode-Protected Product.

It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Update Member Information" tab within the "My Account – Company Information" section, once Customer has logged into www.NYStateMLS.com. NYStateMLS does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify NYStateMLS about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to NYStateMLS’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.

Links; Framing

You may provide a hyperlink to the home page of this Site, which is www.NYStateMLS.com, provided that you must remove any such link upon request from NYStateMLS. Except as set forth in the preceding sentence, or as otherwise authorized by NYStateMLS in writing, links to and the framing of this Product or any of its Content is prohibited. The Product may include links to other sites, some of them operated by NYStateMLS and some of them operated by third parties. Under no circumstances shall NYStateMLS be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any services that may be offered through such web sites. NYStateMLS has not necessarily reviewed any or all of the content of such other web sites, and we disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.

Information Regarding Accuracy, Completeness and Timeliness of Information in the Product

The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.

NO SPAM POLICY

NYStateMLS prohibits the use of our system or its tools to generate or send unsolicited email (spam). Customers may not use the e-mail information provided by the NYStateMLS service (for contacting brokers, agents, other NYStateMLS members) or other email services that NYStateMLS offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use. NYStateMLS has the right to revoke the privileges of any customer or company that breaches these terms.

You understand and agree that sending unsolicited email advertisements to NYStateMLS email addresses or through NYStateMLS computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in the United State. Any unauthorized use of NYStateMLS computer systems is a violation of these Terms and certain federal and state laws.

Listings Provided By Technology Vendor (Data Sharing)

Outside technology vendors may provide member’s / participant’ / subscriber’s listing data to NYStateMLS via electronic delivery of listings. Such listings may be part of a data sharing agreement between NYStateMLS and another MLS or Broker.  All listings submitted must meet the minimum field requirements for listing submission into the NYStateMLS database and be offered by licensed Real Estate Brokers. Customer acknowledges that all information provided to NYStateMLS as either listing notes or other information (“Content”) in order for NYStateMLS to enter on NYStateMLS.com remains at the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item ("Item") of Content that you provide NYStateMLS to post. You understand that NYStateMLS does not control, and is not responsible for any of the Content provided by the Customer.

The member/participant/subscriber hereby authorizes NYStateMLS to display their real estate listings on NYStateMLS.com and any other website to which NYStateMLS distributes listing information. The Customer must provide all content, including photographs and floorplans, and is solely responsible for the accuracy and propriety thereof. The Customer further asserts that all required permissions to display all such properties have been obtained. In no event shall NYStateMLS’s obligation be anything other than to remove any listing(s) from their website, and from the data feed to any other websites.


Termination

NYStateMLS reserves the right to terminate a Participant's or Subscriber’s membership at any time, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, remove and discard any Content within the Service, or otherwise terminate your access to or use of the Service or Product (or any part thereof), immediately and without notice, for any reason (especially if you have acted inconsistently with this Terms of Use) and NYStateMLS shall have no obligation to maintain or forward any content in your account. Further, you agree not to attempt to use the Service after said termination.

In the event that occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from NYStateMLS, certify, in writing, your compliance with this provision.

If you are a NYStateMLS Member/subscriber, your License Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or non-renewal of your License Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from NYStateMLS, certify, in writing, your compliance with this provision.

Ownership and License Grant

NYStateMLS retains all rights (including Intellectual Property Rights as defined below), title and interest in the NYStateMLS Web site, database, NYStateMLS technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of NYStateMLS’s technology or delete or alter author attributes or copyright notices. Customer shall use the NYStateMLS system solely for their own use and shall not allow others to use the NYStateMLS system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Warranty Disclaimers

ALTHOUGH NYSTATEMLS MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". NYSTATEMLS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE " NYSTATEMLS PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY NYSTATEMLS PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE NYSTATEMLS PARTIES MAKE NO WARRANTIES.

NYSTATEMLS RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE OR THE LICENSE AGREEMENT.

THE LISTINGS, SERVICE, RECENT SALES INFORMATION, AND NYSTATEMLS MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NYSTATEMLS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR NYSTATEMLS MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND NYSTATEMLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. NYSTATEMLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO NYSTATEMLS'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM NYSTATEMLS'S WEB SITE, INCLUDING LISTINGS, SERVICE, RECENTSALES INFORMATION AND NYSTATEMLS MARKET REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK., AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NYSTATEMLS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

YOU AGREE THAT USE OF THE NYSTATEMLS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NYSTATEMLS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NYSTATEMLS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NYSTATEMLS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NYSTATEMLS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NYSTATEMLS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NYSTATEMLS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NYSTATEMLS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NYSTATEMLS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability and Indemnification

YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NYSTATEMLS PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT. IN ADDITION, IF YOU HAVE NOT PAID ANY FEES TO NYSTATEMLS TO ACCESS THE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE NYSTATEMLS PARTIES SHALL BE LIABLE FOR ANY DIRECT DAMAGES ARISING FROM, RELATING TO OR RESULTING FROM THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE NYSTATEMLS PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A SEPARATE LICENSE AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO NYSTATEMLS UNDER THE RELEVANT LICENSE AGREEMENT BETWEEN THE RELEVANT NYSTATEMLS CLIENT AND NYSTATEMLS DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE NYSTATEMLS CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.

UNDER NO CIRCUMSTANCES WILL ANY OF THE NYSTATEMLS PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF NYSTATEMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.

NONE OF THE NYSTATEMLS PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND NYSTATEMLS'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

IN NO EVENT SHALL NYSTATEMLS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF NYSTATEMLS'S SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer shall indemnify NYSTATEMLS (and NYSTATEMLS's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

LIMITATIONS ON SERVICE

You acknowledge that NYStateMLS may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that NYStateMLS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that NYStateMLS reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NYStateMLS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Your Liability

If you cause a technical disruption of the Product, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys' fees and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use or a separate License Agreement, NYStateMLS’s remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Product or any portion thereof and permanent deletion or destruction of all portions of the Product within your possession, custody or control. If NYStateMLS retains any third party to obtain any remedy to which it is entitled under these Terms of Use or a separate License Agreement, NYStateMLS shall be entitled to recover all costs, including attorney's fees or collection agency commissions, NYStateMLS incurs.

Indemnity

You agree to indemnify, defend, and hold harmless the NYStateMLS Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or a separate License Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. NYStateMLS and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of NYStateMLS and any such third party.

PRIVACY AND INFORMATION DISCLOSURE

NYStateMLS has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.NYStateMLS.com

Your use of the NYStateMLS website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that NYStateMLS may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of NYStateMLS, its users or the general public.

CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

d) that impersonates any person or entity, including, but not limited to, a NyStateMLS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity .

e) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

f) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

g) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

h) that constitutes or contains any form of advertising or solicitation if: posted in areas of the NYStateMLS sites which are not designated for such purposes; or emailed to NYStateMLS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

i) that includes links to commercial services or web sites, except as allowed in your account

j) 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;

k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

m) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose or "stalk" or otherwise harass anyone;

n) collect personal data about other users for commercial or unlawful purposes;

o) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by NyStateMLS;

p) attempt to gain unauthorized access to NyStateMLS's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the NyStateMLS website; or

Maps and Directions Disclaimer

The maps and directions information provided by NYStateMLS have been obtained from sources believed reliable, including you the Customer. While NYStateMLS does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither NYStateMLS nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer's use of and/or reliance on Customer's use of NYStateMLS’s information, products or services.

THESE MAPS/DIRECTIONS ARE INFORMATIONAL ONLY. NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THEIR CONTENT, ROAD CONDITIONS OR ROUTE USABILITY OR EXPEDITIOUSNESS. USER ASSUMES ALL RISK OF USE. NYSTATEMLS AND THEIR SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DELAY RESULTING FROM SUCH USE.

User Data

If you create any settings, surveys, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the "User Data"), none of the NYStateMLS Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.

Cookies

Some areas of this Product use and require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Product. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Product.

Trademarks

The Product employs various trademarks and service marks of NYStateMLS and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Other Rights of NYSTATEMLS

Customer agrees that NYStateMLS shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by NYStateMLS customers and partners. NYStateMLS shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. NYStateMLS shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. NYStateMLS reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on NYStateMLS’s corporate web site, located at www.NYStateMLS.com

Copyright Complaints

If you believe that your work has been copied onto NYStateMLS in a way that constitutes copyright infringement, please provide NYStateMLS’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NYStateMLS that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on NYStateMLS, with identifying information for the listing, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Email: abuse@nystatemls.com

We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

Export Restrictions

This Site is controlled and operated by NYStateMLS from its offices within the United States. NYStateMLS makes no representation that any portion of the Product or other material accessed through this Site is appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Product or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Product except in full compliance with all United States laws and regulations, this Terms of Use, and, if applicable, the associated License Agreement. In particular, no portion of the Product may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

Governing Law and Jurisdiction

NYStateMLS is headquartered in the State of New York of the United States. These Terms of Use and your use of this Product shall be governed by the laws of the State of New York without regard to its conflicts of laws principles. The federal and state courts located in the State of New York shall be the exclusive jurisdiction for any action brought against NYStateMLS in connection with these Terms of Use or use of the Product. You irrevocably consent to the jurisdiction of the federal and state courts located in the State of New York, and to the jurisdiction of the federal and state courts located in any State where you are located, for any action brought against you in connection with these Terms of Use or use of the Product. All disputes arising outside of the United States shall be settled by arbitration held in London, England and in accordance with the Rules of Arbitration and Conciliation of the International Chamber of Commerce. All arbitrators shall be fluent in English and all documents submitted in connection with the arbitration shall be in English. Judgment upon an arbitration award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement. If any material in this Product, or your use of the Product, is contrary to the laws of the place where you are when you access it, or if NYStateMLS is not licensed as required by applicable laws or regulations in such locale, the Product is not intended for you, and we ask you not to use the Product. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction. NOTICE -- U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States.  This Site contains commercial technical data and computer software that have been privately developed and are normally vended commercially under a license or lease agreement restricting their use, disclosure and reproduction. In accordance with FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102 and 252.227-7015, as well as other applicable supplemental agency regulations, use, reproduction, disclosure and dissemination of this commercial technical data and computer software are governed strictly in accordance with NYStateMLS’s commercial license agreements, including these Terms of Use.

Modifications to Product; Changes to these Terms

NYStateMLS is continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that NYStateMLS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Product. It is your responsibility to check periodically for any changes we may make to the Product and these Terms of Use. Your continued use of this Product following the posting of changes to these terms or other policies means you accept the changes.

Waiver and Severability

The failure of NYStateMLS to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

NOTICES

All notices to NYStateMLS pertaining to these Terms of Use will be in writing, mailed by registered or certified mail, return receipt requested, or delivered by a well-recognized overnight U.S. or international carrier, delivered to NYStateMLS.

Miscellaneous

These Terms of Use contain the entire understanding of the parties with respect to the Product and supersede any prior oral or written statements and documents with respect to such subject matter; provided, that these Terms of Use do not supersede any written license agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of NYStateMLS. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. No waiver by NYStateMLS of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. These Terms of Use apply to your use of the Product and not to any other areas, including, without limitation, NYStateMLS’s research activities. Headings are for reference only.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

Web Design

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The images cannot be downloaded or used without prior consent. If you wish to use an image please contact us.

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Updated: July 9, 2014