1.
DISCLAIMER
This website provides order processing and
marketing services for local licensed real
estate brokers providing services in the state
where they are licensed to do business.
The purpose of this website is to facilitate the
exchange of information. We receive information
from others such as local brokers. We cannot and
do not verify the information provided to us,
The information presented here is being provided
to you on an “as-is” basis. MLS450.com and its
affiliates do not make any representations,
warranties or guarantees, express or implied,
regarding the accuracy, correctness, or
completeness of such information, including,
without limitation, pricing, descriptions,
designs, data and other features. It is your
sole responsibility to independently evaluate
the accuracy, correctness and completeness of
the information presented here.
All information, including pricing, is subject
to change without notice.
MLS450.com and Cobblestone Real Estate
Corporation provide this internet web site and
the services offered on it (collectively, the
“Services”) under the following terms and
conditions of service and use (the “Terms”).
Please read them carefully. You understand,
agree and acknowledge that your use and the
Services provided to you are exclusively
governed by these Terms which cannot be modified
by you. By accessing and using the Services, you
agree that you have read and understand the
Terms and that you agree to be bound by them,
without limitation or qualification and that no
signatures are required to implement the Terms.
As used on this Web site, the terms “we”, “us”,
or “our” refer to MLS450.com. “You” refers to
all users of the web site.
Other Important Information:
The customer is responsible for learning and
complying with all restrictions relating to
their property and the sale thereof (including,
but not limited to governmental, property, or
association restrictions). For instance, MLS
cooperative commission rules vary by state and
are generally subject to arbitration and
procuring cause rules-contact your local agent
to determine the details of these requirements.
We are a limited service entity. The services
provided are listed in the listing agreement,
and no additional services are provided.
Customers are instructed not to assume that
services provided by other agents are provided
by this limited service listing broker.
Additional services are provided at the
discretion of the brokers and may require
additional payment.
Neither MLS450.com nor Cobblestone Real Estate
Corporation are a party to the listing agreement
unless specifically signed by an authorized
representative of the company.
Local brokers are not agents or authorized
representatives of this website or any of the
other companies/brokers for any purpose
whatsoever.
Information presented on this website is subject
to change without notice. Customers should
confer and confirm terms with the local
affiliate before signing the listing contract.
2.
REFUND POLICY
Due to the extremely low price of our services,
unused months of service are not refundable. The
services offered on this website do not warrant
or guarantee to find a buyer or result in a
successful closing. Other terms from local
affiliate will apply. See the listing agreement
for your area for details. Many of the services
offered on this website are non-refundable.
Services not mentioned below are nonrefundable.
Non refundable services: MLS services are
non-refundable upon the earlier of (1) Property
being Listed or (2) The Listing Agent meeting,
if applicable, is scheduled.
To cancel the service after it is ordered:
If you want to cancel before the home is listed
in MLS and your local area requires a meeting
with the Real Estate Agent prior to Listing your
home on the MLS, then the meeting must be
Canceled a minimum of 24 hours ahead of the
scheduled meeting time. Otherwise, the fee paid
is not refundable. If a refund is made, a $75
processing fee will be charged to cover expense
for credit card processing, yard sign, etc..
If you want to cancel after the home is listed
in MLS or after you have met with the agent the
fee is not refundable.
Note that a small number of MLS areas require a
meeting with the local agent in order to be
listed in MLS. If your area requires a meeting
with the agent, the meeting must be canceled a
minimum of 24 hours before the scheduled meeting
time. Otherwise, the fee paid is not refundable.
Once your property has been Listed with the
local Broker Affiliate, the fee paid is not
refundable. Customer is responsible for
reviewing the accuracy of the listing
information once input and must immediately
request a correction by the local broker
affiliate of any inaccuracies from the local
broker. Customer is responsible for the accuracy
and completeness of the information provided to
the MLS. Listings are subject to substantial MLS
rules for listings and the payment of
commissions. The local broker does not provide
arbitration or representation services in the
event of a commission dispute. Any broker
required involvement in such a dispute requires
an upfront payment of $200 per hour and is
subject to broker availability.
Satisfaction not guaranteed. The services sold
on this website are tools that facilitate a home
seller selling their own home. There is no
promise or guarantee that you will sell your
home.
3.
WEB ADVERTISING
Listings on all websites (including but not
limited to Realtor.com, newspaper websites, real
estate company websites, etc) are subject to
availability and local Broker Affiliate
enrollment in the specific programs which may or
may not be available. In cases, where more than
one MLS is offered, your home will be Listed in
the most appropriate MLS for that area. It will
not be Listed in all of the MLS's offered for
that state. Once listed, the listing may be
removed if the program ends or eligibility
requirements change. MLS450.com will use its
best efforts to get the properties listed in the
existing programs, but no guarantee is made that
the listings will be placed or stay on the
websites for the duration of the listing.
Website availability differs for each metro area
and state.
4.
ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS
MLS450.com may change the Terms from
time to time without prior notification to you.
Each time you access the web site you will be
governed by the Terms then in effect. If you
object to any changes, your sole recourse shall
be to cease using the Services. Continued use of
the Services following any changes indicates
your acknowledgement of the changes and your
agreement to be bound by the terms and
conditions of such changes, without limitation
or qualification. In addition, when using
particular portions of the Services, you will be
governed by any additional terms which will
appear when accessing such Services. All
additional terms are herein incorporated by
reference. In the event of a conflict between
the additional terms and these Terms, the
additional terms shall govern when you access
such Services.
5.
CONTACTING US
If at any time you feel that the MLS450.com
website has not adhered to this policy, email us
at Webmaster@ MLS450.com and we will do our best
to determine any problem and quickly respond. If
you have questions or concerns about our Terms
of Service or privacy policy, please contact us
at
webmaster@MLS450.com.
6.
MODIFICATIONS TO THE SERVICES
We reserve the right to modify or
discontinue (temporarily or permanently) the
Services (or any part thereof) with or without
notice to you. We shall not be liable to you or
any third party if we exercise our right to
modify or discontinue the Services. If you
object to any such changes, your sole recourse
shall be to cease using the Services. Continued
use of the Services following notice of any such
changes shall indicate your acknowledgement of
such changes and your satisfaction with the
Services as so modified.
7.
PRIVACY
As part of the process, Sellers will
be asked to provide certain personal information
to us. You acknowledge, consent and agree that
MLS450.com may access, preserve, and disclose
your account information and Content if required
to do so by law or in a good faith belief that
such access, preservation or disclosure is
reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms; (c) respond to
claims that any Content violates the rights of
third-parties; (d) respond to your requests for
customer service; or (e) protect the rights,
property, or personal safety of MLS450.com, its
users and the public. All uses of such personal
information will be in accordance with the
provisions of our Terms of Service.
MLS450.com believes strongly in your right to
privacy and we advocate the responsible use of
any site visitor or customer information we
have.
For each visitor to our Web page, our Web server
automatically recognizes no information
regarding the domain or e-mail address. We do
not set cookies. With respect to Ad Servers, we
do not partner with or have special
relationships with ad server companies.
Persons who supply us with their telephone
numbers on-line will only receive telephone
contact from us or our affiliate brokers
regarding orders they have placed on-line. If
you supply us with your postal address on-line
you will only receive the information for which
you provided us your address.
At MLS450.com user privacy is of utmost concern.
We are committed to protecting your privacy and
security, and to providing you the best possible
user experience. We may update this policy from
time to time, so please check here frequently.
We will never disclose your personal information
to any third party without your consent, except
in limited circumstances to our affiliates or
business partners as described above or as
necessary to perform the services. MLS450.com,
and its affiliates may disclose your personal
information, if required to do so by law or in
the good-faith belief that such action is
necessary (1) to conform to the requirements of
the law or comply with governmental orders,
court orders, or legal process served on
MLS450.com, or its affiliates; (2) or is
reasonably necessary to protect and defend the
property or rights of MLS450.com, and its
affiliates or the users of MLS450.com.
This privacy policy does not extend to any
information that is inherent in the operation of
the Internet, and therefore beyond the control
on MLS450.com, and is not to be applied in any
manner contrary to applicable law or
governmental regulation. We reserve the right at
our discretion to make changes to this policy at
any time.
8. YOUR
SECURITY
MLS450.com, and its affiliates have
taken the following important measures to
protect against loss, misuse or alteration of
your personal information. We store no financial
information. Although you may have to enter
your credit card number, when we do transmit
your data, we use only Secure Servers using
current encryption technology to encode your
data safely.
Third Party
Service Providers have their own privacy
policies. These policies may differ from ours.
(A Third Party Service Provider provides
services available through our website.) You
should review the privacy policy of third
parties before providing your personal
information to them.
9. YOUR
RESPONSIBILITIES
In providing
us with information during the process, you
agree to provide true, accurate, current and
complete information as prompted. You
acknowledge that you are over 18 years of age or
otherwise are of legal age to form a binding
contract.
You agree not to use the Services
to do any of the following:
9.1 To violate any local, state,
national or international law;
9.2 To stalk, harass or harm another
individual or communicate with such
individual after being advised to cease
any such communications;
9.3 To collect, harvest or store
personal data about other users
including email addresses or contact
Sellers for any purpose other than
responding to the content posted by such
Sellers;
9.4 To impersonate any person or
entity, or otherwise misrepresent your
affiliation with a person or entity;
9.5 To interfere with or disrupt the
Services, servers or networks connected
to the MLS450.com web site or the other
Services, or disobey any requirements,
procedures, policies or regulations of
the networks connected to the MLS450.com
web site; and
9.6 To upload, submit, post, store or
transmit any (a) content that is
unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another’s
privacy, hateful, racist, sexist,
homophobic, ethnically, religiously or
otherwise objectionable; (b) content
that you do not have a right to transmit
under any law or under contractual or
fiduciary relationships; (c) content
that infringes the intellectual property
rights of a third party; or (d) material
that contains software viruses or any
other computer code, files or programs,
for example, worms, Trojan horses,
cancel bots, time bombs and the like,
designed to interrupt, destroy or limit
the functionality of any computer
software or hardware or
telecommunications equipment; (e)
unsolicited advertising material,
notices or “spam”, “junk mail”, pyramid
schemes, chain letters or the like; (f)
surveys that have not been approved or
cleared by us; or (g) contests or games
of chance.
10. YOUR
RESPONSIBILITIES IN REGARD TO PROPERTY LISTINGS
(if applicable):
10.1 MLS450.com is not a licensed real
estate broker in every state.
10.2 All listings are handled by a
local Real Estate Agent in your area who
is an independent contractor. All MLS
listings require a buyer's agency
commission if a real estate broker
assists you to find a buyer.
10.3 This is not a solicitation for a
listing broker if your property is
already listed with a broker.
10.4 All MLS450.com customers are
responsible for correctly completing all
paperwork necessary and applicable to
their local Multiple Listing Services
prior to their ad becoming viewable in
their local MLS. Please consult the
listing broker in your area for further
details.
10.5
Customer is responsible for complying
with all restrictions on the type of
sign and it its location. Customer is
also responsible for receiving,
installation, maintenance, and use of
the sign.
11. THIRD PARTY
CONTENT AND MONITORING
We are a distributor (and not a
publisher) of Content supplied by third parties
and users of the Services. Accordingly, we have
no editorial control over such Content. Any
opinions, claims, advice, statements, services,
offers, or other information or Content
expressed or made available by third parties,
including information provided by other users of
the Services, are those of the respective
author(s) or distributor(s) of that information
and not of MLS450.com. We neither endorse nor
are responsible for the accuracy or reliability
of any opinion, advice, information, or
statement made on the MLS450.com Web site by
such parties. You should verify any information
yourself.
By posting,
inputting or otherwise submitting information to
our web site, you are representing that the
information is accurate, that you are the
rightful owner of the information and you are
granting us the right, license and privilege to
use such information or data in any way we deem
appropriate.
12. DEALINGS WITH
PARTNERS AND ADVERTISERS
Your correspondence or business
dealings with, participation in, promotions of,
or purchase of goods and/or services from our
partners, advertisers or sponsors found on or
through the Services, and any terms, conditions,
warranties or representations associated with
such dealings, are solely between you and such
partner(s), advertiser(s) or sponsor(s).
YOU AGREE THAT
MLS450.com and COBBLESTONE REAL ESTATE
CORPORATION SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS
THE RESULT OF ANY SUCH DEALINGS, OR AS THE
RESULT OF THE PRESENCE OF SUCH PARTNERS,
ADVERTISERS OR SPONSORS ON OR THROUGH THE
SERVICES.
13. EXTERNAL
LINKS
Our provision of a link to any other
Web site or location is for your convenience and
does not signify our endorsement of the other
Web site or location or its contents. Any
concerns you may have regarding any external
link should be directed to that link’s Web site
administrator or webmaster. NEITHER MLS450.com
nor COBBLESTONE REAL ESTATE CORPORATION SHALL
NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR
LINKS FOUND AT ANY OTHER WEB SITE, INTERNET
LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR
USE OF SUCH INFORMATION.
14. NO SPAM
We do not condone or allow spam. We
prohibit you from using the Services to promote
your own Web site, business, product or service
through the sending of unsolicited email. We
reserve the right to investigate and terminate
your rights under this Agreement in the event of
any violation of these Terms of Service and, in
the event of such violation, without refunding
your fee.
15. NO RESALE OF
SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the
Services, use of the Services or access to the
Services. The Services are provided for your
personal, noncommercial use only.
16. TERMINATION
You agree that we, in our sole
discretion, may terminate your access to and use
of the Services, for any reason or no reason,
with or without notice and effective
immediately, including, without limitation, if
we believe that you have violated or acted
inconsistently with the letter or spirit of the
Terms. Rude or Harassing behavior will
also not be tolerated and cause for termination
of our services. FURTHER, YOU AGREE THAT WE SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
TERMINATION OF YOUR ACCESS TO THE SERVICES. You
may discontinue your participation in and access
to the Services at any time.
17. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE
SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT
WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE
SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE; (C) THE ACCURACY,
RELIABILITY OR QUALITY OF ANY INFORMATION,
PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED
THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL
BE CORRECTED; OR (E) THE MLS450.com WEB SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR INFORMATION.
WE DO NOT
CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED BY THIRD PARTIES, AND WE
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE
RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM MLS450.com
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
18. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT WILL MLS450.com
and/or COBBLESTONE REAL ESTATE CORPORATION OR
ITS OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES,
AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF OR IN ANY WAY RELATED TO:
18.1 the use
or the inability to use the Services;
18.2 the cost of procurement of
substitute goods and services resulting from any
goods, data, information or services purchased
or obtained or transactions entered into through
or from the Services;
18.3 unauthorized access to or alteration of
your transmissions or data;
18.4 statements or conduct of any
third party on or through the Services,
including threatening, defamatory, obscene,
offensive or illegal conduct or any infringement
of another’s rights, including intellectual
property rights;
18.5 your failure to adequately safeguard your
password or access to the Services;
18.6 any Content you access
through the services, including, but not limited
to, for any errors or omissions in any Content,
or your use of or reliance on any Content
posted, emailed or otherwise transmitted through
the Services;
18.7 termination of your access to or use of
the Services as provided herein;
18.8 the deletion or failure to
store any information or data, communications or
Content maintained or transmitted by or through
the Services;
18.9 any modification, suspension
or discontinuance of the Services (or any part
thereof) or these terms;
18.10 use of or reliance on any
Content, goods or services available on any
other Web sites that you access through the
Services; and
18.11 any other matter relating to the Services
or these Terms.
19. EXCLUSIONS AND
LIMITATIONS
Some
jurisdictions do not allow the exclusion of
certain warranties or the limitation or
exclusion of liability for incidental or
consequential damages. Accordingly, some of the
above limitations and disclaimers may not apply
to you. To the extent that we may not, as a
matter of law, disclaim any implied warranty or
limit its liabilities, the scope and duration of
such warranty and the extent of our liability
shall be the minimum permitted under such
applicable law.
21.
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless MLS450.com
and Cobblestone Real Estate Corporation, its
parents, subsidiaries, affiliates, officers,
directors, co-branders or other partners,
employees, consultants and agents from and
against any and all third-party claims,
liabilities, damages, losses, costs, expenses,
fees (including reasonable attorneys’ fees) that
such parties may incur as a result of or arising
from (1) your use of the Services, (2) your
violation of these Terms, (3) your violation of
any rights of any other person or entity or (4)
any viruses, trojan horses, worms, time bombs,
cancel bots or other similar harmful or
deleterious programming routines input by you
into the MLS450.com Web site or other Services
22. TRADEMARKS
Certain of the
names, logos, and other materials displayed on
the MLS450.com Web site and in and through the
Services constitute trademarks, trade names,
service marks or logos (“Marks”) of MLS450.com
or other entities. You are not authorized to use
any such Marks. Ownership of all such Marks and
the goodwill associated therewith remains with
us or those other entities.
23. COPYRIGHTS;
RESTRICTIONS ON USE
The content of
the Services, including without limitation,
text, software, music, sound, photos, graphics,
video, page layout and design and other material
contained in the Services or information
presented through the Services by MLS450.com or
its licensors (the “Content”), is copyrighted by
MLS450.com and/or its licensors under United
States and international copyright laws, is
subject to other intellectual property and
proprietary rights and laws, including trademark
and patent laws, and is owned by MLS450.com or
its licensors. Our Content may not be copied,
modified, reproduced, republished, uploaded,
posted, transmitted, sold, offered for sale, or
redistributed in any way without the prior
written permission of MLS450.com and our
applicable licensors. You agree to abide by all
copyright notices, information, or restrictions
contained in or attached to any Content. You
acknowledge and agree that the Service contains
proprietary and confidential information that is
protected by applicable intellectual property
and other laws. You further acknowledge and
agree that Content contained in sponsor
advertisements or information presented to you
through the Service or advertisers is protected
by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
You agree not to access the Service by any means
other than through the interface that is
provided by MLS450.com for use in accessing the
Service.
24. LICENSE
You hereby
grant to MLS450.com and its successors and
assigns, a worldwide, perpetual, irrevocable,
royalty-free, and sublicenseable right, in any
media now known or currently known, to exercise
all copyright and other intellectual property
rights with respect the Content you provide to
us for publication on the MLS450.com Web site or
on or through the Services or otherwise through
the Services, to use, distribute, display,
reproduce, modify and create derivative works
from such material, in any and all media, in any
manner, in whole or in part, without any duty to
account to you. The foregoing does not apply to
Content contained on hyper linked pages or any
other Content you do not submit to us.
25. MISCELLANEOUS
These Terms
constitute the entire and exclusive agreement
between you and MLS450.com with respect to the
subject matter hereof, and govern your use of
the Services, superseding any prior agreements
or negotiations between you and MLS450.com with
respect to the subject matter hereof. The Terms
and the relationship between you and MLS450.com
shall be governed by the laws of the State of
Illinois as applied to agreements made, entered
into and performed entirely in Lake County,
Illinois by Lake County residents,
notwithstanding your actual place of residence.
All lawsuits arising out of the Terms or out of
your use of the Services shall be brought in the
Federal or state courts having jurisdiction over
Lake County, Illinois and you hereby
irrevocably submit to the exclusive personal
jurisdiction of such courts for such purpose.
Service of Process in any such action may be
effected either by certified mail, return
receipt requested or by a recognized national
private carrier where you or your authorized
agent accept delivery of such service of
process. Our failure to exercise or enforce any
right or provision of the Terms shall not
constitute a waiver of such right or provision.
If any provision of the Terms is found by a
court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court
should endeavor to give effect to the parties’
intentions as reflected in the provision to the
extent possible and to the remainder of the
Terms, and that, therefore, the other provisions
of the Terms remain in full force and effect.
You agree that regardless of any statute or law
to the contrary, any claim or cause of action
arising out of or related to use of the Services
or the Terms must be filed within one (1) year
after such claim or cause of action arose or be
forever barred. The section titles in the Terms
are for convenience only and have no legal or
contractual effect
26. VIOLATIONS
Please report any violations of the Terms to us
at
webmaster@MLS450.com
