READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICES.
By accessing, downloading, installing, running of using any of these Services, you agree to be bound by these Terms, as updated from time to time. If you do not agree to our Terms, you should not access or otherwise use the Services. Any continued use of our Services after changes or updates have been made to these Terms constitutes your acceptance of such changes. The terms "you" shall refer to you the user, and the terms "we," "us," or "our" shall refer to Xome. The following conditions apply:
- License. For as long as you remain compliant with all Terms as set forth herein, Xome grants you a limited, non-exclusive, non-transferrable, revocable license to access and use our Sites on any personal device that you own or control. This license also permits you to access and use any content, information, or related materials that are made available as a part of our Services. Any rights not expressly granted herein are reserved by Xome. This license does not permit you to rent, lease, lend, sell, redistribute or sublicense our Sites and Services.
- Users. In order to use our Sites and Services, you must have reached the age of majority and be a resident of the United States. You further agree that you are neither a resident or citizen of the European Union nor will you use our Sites and Services while present in the European Union. Anyone under the age of 13 is prohibited from using our Services.
- Site Content and Materials. The information maintained on the Sites is intended to provide users with information about Xome’s products and services and is subject to change without notice. Not all of the Services described in the Sites are available in all geographic areas. No solicitation is made to any person utilizing our Services to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products or services is prohibited by law.
- No Agency Relationship. These Terms do not create an agency relationship and do not impose a financial obligation on you or create any representation agreement between you and Xome.
- Data Use. All data and information obtained from the Site is intended only for your personal, non-commercial use, and shall be used for no other purpose.
- Interest to Purchase. You have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the Sites.
- User Name and Password. To receive access to certain information or Services on the Website aspects of our Services and be permitted to search and view certain data or information from the Multiple Listing Service ("MLS") database via the Sites, you must register and establish a user name and a password, the combination of which must be different from those of all other registrants of Xome’s Services. Additionally, you must maintain the security of the user name and password at all times, notify Xome in the event your user name or password is lost or stolen at any time, and agree to accept responsibility for all activities that occur under your user name and password.
- Valid Email Address. If you opt to register as a user on the Sites, you must provide a valid email address as part of your registration. You may be permitted to access certain portions of the Sites only after we have verified that the email address you provided is valid and your agreement to these Terms is confirmed.
- Access Management. We must at all times maintain a record of the name, telephone number and email address supplied by you, and the user name and current password of each registrant. Such records will be kept and maintained for not less than 180 days after the expiration of the validity of your password or otherwise.
- Security Breach. If the MLS has reason to believe that the Sites, as defined herein, have been subject to a breach in the security of the data or a violation of MLS rules related to use by one or more registrants, we shall be required, upon request, to provide to the MLS a copy of the record of the name, email address, telephone number, user name, current password, and audit trail, if required, of any registrant identified by the MLS to be suspected of involvement in the violation.
- Data Validation. Information on the Sites is deemed to be valid and reliable, but is not guaranteed. It is your sole responsibility to independently confirm and verify all information upon which you may rely or use from the Sites. We do not review or approve listing enhancements.
- Financial Obligation/Agency Relationship. Any agreement entered into at any time between you and Xome that imposes a financial obligation on you or creates an agency representation of you by Xome must be established and agreed upon separately from these Terms, must be prominently labeled and may not be accepted or entered into by you solely by mouse click, “click” agreement or any other form of non-signature method. The foregoing notwithstanding, you may enter into an agreement with Xome using specific technology and software specially designed to comply with the Electronic Signatures in Global and National Commerce Act which permits you to create legally binding agreements through the use of electronic documents and signatures.
- Public Comments. To the extent that you post public comments through our Services, you shall act appropriately and will not submit posts which are obscene, false, misleading, not in good taste, violations of Fair Housing or other laws, or which may constitute harassment of any kind. We reserve the sole right to remove any comments deemed to be inappropriate and reserve the right to immediately terminate your access to our Services.
- Data Availability. Property listing data may be available from us through other means, and, in certain instances, may include additional property listing data where a seller has opted not to display its respective property through our Services.
- Comment Tool. The ability to write comments or reviews as to particular listings or the display of comments through a hyperlink, as well as the display of an automated estimate of market value of any listing, may be removed from the Sites, if applicable. However, we may opt to provide an automated estimate of market value of any property, as derived from non-MLS data sources, which we retain the right to display as a part of our Services and outside of property listings.
- Inaccurate Data. In the event you find any property listing data or information from, through or as a part of our Services to be inaccurate or incomplete, you shall notify Xome identified on or within our Services.
- Technological Issues. The Sites may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In our sole discretion, the Sites and our Services may cease to operate for any amount of time, and limitations upon the functionality or use of such Sites and Services by the end user may result. Any decision to cease the activity of any one or all of our Services is solely at our discretion.
- No Unlawful or Prohibited Use. As a condition of your use of our Services, you represent and warrant to us that you will not use our Services for any purpose that is unlawful or prohibited by the applicable terms, conditions, and notices. You may not use our Services in any manner that could damage, disable, overburden, compromise or impair our Services or interfere with any other party's use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.
- Site Administration/Submissions. We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Sites(collectively "Submissions"). However, you hereby grant us (including, without limitation, our affiliates and necessary sublicensees) an irrevocable, perpetual, royalty-free, worldwide license to use all information you provide via posting, uploading, inputting, providing, or submitting your Submissions, in connection with the operation of our businesses, including, without limitation, the rights to: (a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; (b) sublicense these rights in accordance with applicable law; and (c) provide the same to the relevant MLS, to administer and operate the Sites, and to investigate any breach of security of the property listing data or applicable MLS rules.
- Linked Sites & Third Party Tools/Products. Links to websites, other than to our Sites, and/or the offering of third party products or tools are provided solely as suggested guidance toward information on topics that may be useful to users of our Sites and Services, and we have no control over, and expressly disclaim the endorsement of, the content on such websites or such tools or products. If you choose to link to a website or utilize a tool or product not controlled by us, we make no warranties, either express or implied, concerning the content of such site, tools or products, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such tools, products, website(s) or content are free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to other websites do not imply, and we expressly disclaim, any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites.
- Aside from the property listing data provided to us by way of the respective MLS, Xome, its affiliates, successors and assigns, as the developer and host of our Sites, owns or licenses all other intellectual property rights related to our Sites, including the look and feel of our Sites and all underlying software, as updated and modified from time to time. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms. Except for the limited license granted herein, Xome does not grant any license or other authorization to the respective trademarks, service marks, copyrightable material, trade secrets or other intellectual property by placing or displaying them on or through our Sites.
- You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with our Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile, disassemble or attempt to derive the source code of, the Sites and/or any of our Services or any portion thereof.
- You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided, except you may use the property listing data in connection with your purchase, sale, or lease of an individual property.
- The subject real estate board, association, or MLS possesses all ownership, rights, licenses and intellectual property rights, including the copyright, in the MLS database compilation, and no rights are granted to you by virtue of registering to use our Services, except as expressly stated in these Terms.
- Privacy. Please review the Privacy Notice. The Privacy Notice governs your use of our Services and explains our practices.
- Electronic Communications. When you use our Services, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, instant messaging, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Applicable Law. By using our Services, you agree that applicable federal law and the laws of the State of Texas, without regard to its principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. You agree that venue for any disputes shall be located exclusively in Denton County, Texas and expressly waive any right to claim that such forum is inconvenient.
- Non-Waiver. Our failure to exercise or enforce any provision or right set forth in these Terms does not constitute a waiver of that right or provision.
- Assignment. Xome may assign these Terms, in whole or in part, at any time with or without notice to you.
- Disclaimer of Warranties. THE INFORMATION CONTAINED WITHIN OUR SERVICES, INCLUDING WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS, TOOLS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS. WE DISCLAIM ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE WITH RESPECT TO THE OPERATION, QUALITY, ACCURACY, SECURITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY OR TITLE TO CONTENT PROVIDED OR DISPLAYED, INCLUDING THE PROPERTY LISTING DATA. ACCESS TO OUR SERVICES AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR REASONS BEYOND OUR CONTROL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, AND THEIR ATTENDANT INFORMATION AND MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR FROM ANY ACTION TAKEN AS A RESULT OF USING OUR SERVICES, INCLUDING THE PROPERTY LISTING DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY XOME, ITS EMPLOYEES, AFFILIATES, LICENSORS, SERVICES VENDORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
We respect the
intellectual property rights of others, and expect you as a registrant to do
the same. To the extent anyone believes that his/her work has been reproduced
in the property listing data within or as a part of any of our Services in a
way that constitutes copyright infringement he/she may notify our agent in
accordance with Title 17, United States Code, Section 512(c)(2), by providing
the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit Xome to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be sent as follows:
750 Highway 121 BYP, Suite 100
Lewisville, Texas 75067
Attn: Copyright Agent
Phone: (800) 758-8052
If you give notice of copyright infringement by text or e-mail alone, the copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Based on our findings, as the result of any claim or allegation of copyright infringement, we reserve the sole right and discretion to remove content from our Services, and immediately terminate any use of our Services with regard to anyone who repeatedly engages in copyright infringement.
- Marketing Consent - Real Estate Agents, Lenders or Other. For purposes of communicating with you and providing you with information and notices about your account or our Services (such as information about homes you might be interested in), you hereby expressly consent that Xome, its affiliates and employees may communicate with you through the contact information associated with your Website account, including, without limitation, your email, mobile number, telephone, or mailing address. You may adjust your account settings both on your mobile device, as well as your browser, to control what kind of messages you receive from us; however, some features and the Services offered may not function correctly based on a change in your settings. You are solely responsible for your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about our Services. If you elect to request assistance from a real estate agent provided through our broker network, whether to buy, sell or lease a property, or otherwise, you expressly authorize us to provide your personal information to the real estate agent selected to assist you and for such person to contact you, and for the real estate agent to share information with Xome, and its affiliates, and their agents. Similarly, if you elect to seek pre-approval from a lender, you expressly authorize us to provide your personal information to the lender and for such lender to contact you. Any loan or other business you may conduct with a lender is between you and the lender. Any calls that you make through our Xome ConciergeSM service may be recorded or monitored for quality assurance purposes. By making such a call you hereby consent to the recording and monitoring of each call.
- Special Programs or Incentives. From time to time we may offer special programs or incentives to you in connection with the purchase and sale of real estate and related Services. Such offers may be subject to additional state and/or federal law requirements, as well as additional terms and conditions, which will be disclosed in connection with the program or incentive offered. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail solely as it pertains to the conflicting provision. Both our preselected providers and we may unilaterally modify or terminate such programs and incentives at any time.
- Indemnification. You agree to defend, indemnify and hold harmless Xome, including the respective affiliates, officers, directors, employees and agents of both Xome, against any and all claims, losses, damages, liability, costs and expenses (including but not limited to reasonable attorneys' fees) arising from (a) your use of our Services, including the property listing data; (b) violation of these Terms; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.
- Compliance. If you are an authorized MLS participant or MLS representative, you are authorized to access our Services to verify compliance with the applicable MLS rules, as specified in the MLS rules.
- Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
- Complete Agreement. These Terms constitute the final, complete, and exclusive statement of the terms between the parties that pertain to the subject matter found herein, and these Terms supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into these Terms by, nor is any party relying on any representation or warranty independent of those expressly set forth in these Terms. No direct benefit is intended to be conferred by these Terms on any person not a party hereto and any benefit which may be actually conferred is purely incidental.
- Modification of Terms. We reserve the right to modify these Terms and its policies at any time without advance notice to you. Any modification of these Terms or any related policy is effective once displayed or published on or within our Services. You are responsible for regularly reviewing these documents. Continued use of our Services after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to this Terms.
- Registration. For purposes of receiving additional or enhanced Services, including complete real estate listings, you are required by both us and the respective MLS rules to agree to these Terms and any other additional terms incorporated by reference herein. You are only authorized to use our Services as a registrant and authorized to view the restricted property listing data if you have agreed to abide and be bound by all applicable laws and to these Terms.
- Effective Date. These Terms are effective 6.20.18
Regional MLS of Minnesota/Northstar MLS End User License Agreement (EULA)
The following terms and conditions govern all access to and use of this site. You accept, without limitation or alteration, all the terms and conditions contained herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITY TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO NOT UNDERSTAND ANY OF THE TERMS HERE.
End-User License Agreement
This End-User License Agreement ("EULA") is a legally binding contract between you; and the owner of this site, Xome Inc. ("Broker"); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com ("RMLS"); and the developer of this site, Xome Inc. ("Developer"). (Collectively, Broker, RMLS, and Developer are the "Licensors.")
You seek access to real estate listings that are made up of factual information and creative content. This "Licensed Content" appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of this information is limited by the terms of this license.
In consideration of the mutual covenants contained herein, you and Licensors hereby agree as follows:
- Access permitted. Licensors agree to provide you online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you will be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.
Acknowledgement of Title.
You acknowledge that all right, title, and interest in the
copyrights and other intellectual property rights in the Licensed Site and the
Licensed Content reside at all times in Licensors and their licensors.
The trademarks, logos, and service marks (collectively the "Marks" or "Mark") appearing on the Licensed Site are registered and unregistered marks of Licensors and others. Neither this EULA nor the Licensed Site grants you any right to use any Mark displayed on the Licensed Site or any other Marks of Licensors.
- License. Licensors hereby grant you a revocable, limited, nonexclusive license during the term of this EULA to duplicate, distribute and display the Licensed Content and the Licensed Site, solely for your personal, non-commercial use, and subject to the limitations set forth in this EULA. Licensors grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA are reserved.
You will not:
- Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial one;
- Disclose any of the Licensed Content, including factual content, to any third party except in furtherance of your personal real estate transaction, and then only to the extent necessary;
- Gather, or attempt to gather, by any automated means, including "screen scraping" or "database scraping," factual content or any other portion of the Licensed Content from the Licensed Site; or
- Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose.
- License revoked. Your license to use the Licensed Content and the Licensed Site is immediately revoked, without notice from Licensors, in the event that you breach any provision of this EULA.
- Term and termination. Any party may terminate this EULA upon notice to another. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access the Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its termination.
- Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE AND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS. LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSED CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE LICENSED CONTENT, THOUGH DEEMED RELIABLE, MAY CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES. YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON WHICH YOU INTEND TO RELY IN ANY TRANSACTION. THE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in the Licensed Content include, but are not limited to, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect status with regard to availability for sale, incorrect photograph, and incorrect information about improvements.
- Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE LICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THE EVENT THE LICENSORS OR ANY ONE OF THEM BREACH THIS EULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND IN EXCESS OF $500.
- Indemnification. You will defend, indemnify and hold the Licensors harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party against the Licensors arising from any of your acts, including without limitation violating this or any other agreement or any law.
- Assignment. You may not assign or delegate this EULA or any obligations, rights, or duties hereunder. Any attempted or purported assignment or delegation in contravention of this section is null and void.
- Integration and severability. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.
- Governing law. This EULA shall be governed by, and construed in accordance with, the laws of the State of Minnesota applicable to contacts made and performed in Minnesota, but without regard to the choice of law and conflicts of law provisions thereof. The parties hereby agree that any dispute under this EULA shall have its forum in the state or federal courts located in Ramsey County, Minnesota, in the United States of America, or in another County in Minnesota of jurisdiction and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.
Digital Millennium Copyright Act (DMCA) Notice
The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices and counter-notices should be sent in writing by mail to Michael Bisping, Director, Customer Relations, Regional Multiple Listing Service of Minnesota, Inc, 2550 University Avenue West, Suite 259S, Saint Paul, MN 55114 or by email to firstname.lastname@example.org. Questions can be directed by phone to 651-251-3200.
The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and e-mail address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.