Last Revised: November 4, 2009
By accessing or using this Site, User agrees to bound and governed by the following terms and conditions:
1. Definitions. "MBOR" means the Midland Board of REALTORS, Inc, its employees, officers, directors, and all other persons or entities affiliated with MBOR responsible for creating, maintaining, and publishing this Site. "Content" means all materials, information and images contained on the Site, including without limitation trademarks, copyrightable materials, advertisements, data, text, graphics, files, photographs, software, and video. "Site" means the Internet site containing listings which are copyrighted by MBOR. "User" means each person or entity that accesses or uses the Site in any manner.
3. Further Agreements of User. User agrees not to:
(A) Attempt to obtain through or from this Site any Content not intentionally made available to User at this Site;
(B) Upload any file that contains malicious programs or computer code, including viruses, corrupted files, worms, Trojan horses, or other programs or software ("Malware") that may damage or interrupt this Site or the websites, computers, or software of MBOR or others;
(C) Use any robot, spider, scraper or other automated means to access this Site, for any purpose, without MBOR's express prior written consent; or
(D) Attempt to circumvent any technological measures or features of this Site that are intended to control access to the Content or any portion of this Site.
This Site may contain robot exclusion headers.
4. Links to Other Websites. This Site may contain links to other websites ("Linked Websites"). The Linked Websites are provided for User's convenience and information only and, as such, any access or use by User of any Linked Websites is made at User's sole risk. User agrees and acknowledges that MBOR is not responsible for, and does not endorse, the content of or anything that may be delivered to User or User's computer as a result of accessing any Linked Websites, whether or not MBOR is affiliated with the owners or operators of any such Linked Websites. Without limiting the generality of the foregoing, MBOR is not responsible and shall have no liability for any Malware that may be downloaded through a link found on this Site or by accessing a Linked Website.
5. Security. Use of the Internet presents certain risks to the security of User and information. User is advised to exercise caution in providing any information which may expose User to possible risk, whether on this or any other site.
(A) Modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another website, use on any other website, create derivate works of, transfer, sell, and/or exploit for commercial use, any Content, software, real estate listings, databases or other lists, products or services provided through or obtained from this Site, including by email or other electronic means, without the prior written consent of MBOR;
(B) Take any action that imposes or may impose (in MBOR's sole discretion) an unreasonable or disproportionately large load on this Site or MBOR's infrastructure;
(C) Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from this Site without MBOR's (and any appropriate third party's, as applicable) express prior written consent;
(D) Interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or
(E) Bypass this Site's robot exclusion headers or other measures this Site may use to prevent or restrict access to all or any portion of this Site.
7. Acknowledgment by User. User acknowledges and agrees that User is not a publisher, distributor, agent, partner, franchiser, or endorser of this Site, and MBOR is not a publisher, distributor, agent, franchiser, or endorser of any Website that may be maintained or operated by User. MBOR retains exclusive editorial control over this Site and has the right to make administrative or operational decisions it deems necessary or desirable in the course of its business.
9. User's Representations and Warranties. User represents and warrants to MBOR and its affiliates that:
(A) Any information User provides on this Site is true, accurate, and complete, and will not violate any law, statute, ordinance or regulation;
(B) User will not falsely identify him/herself or impersonate or falsely represent User's affiliation with any person or entity;
(C) Except with the advance written permission of MBOR, User will not access or attempt to access password protected, secure, or non-public areas of this Site;
Persons attempting to access prohibited areas of this Site may be subject to legal prosecution.
11. Advertisers. Advertisement banners and other forms of advertising exist on the Site. However, MBOR is not responsible for the claims or representations made by any advertiser on the Site nor is MBOR responsible for the products, services, or promises of advertisers on the Site. In addition, the presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by MBOR, either expressed or implied, in any respect, unless expressly indicated otherwise.
12. Professional Advice and Services. MBOR does not provide legal, tax, or other professional services or advice. If User desires such services, User should consult appropriate professionals selected by User.
13. Accuracy and Updating of Site Content. MBOR makes no representations or warranties regarding the accuracy of the Content, nor does MBOR make any commitment to update the Content. MBOR reserves the right in its sole discretion to add, remove, or modify the Content and the Site at any time without notice.
14. Interruptions in Service. This Site and access to the Content may from time to time be unavailable to User, whether because of technical failures or interruptions, intentional downtime for service or changes to this Site, or otherwise. User agrees that MBOR shall have no liability of any nature to User or any third party for any modifications to this Site, and any interruption or unavailability of access to the Site or the Content.
15. Forums; Responsibility for Submissions. From time to time MBOR may provide a discussion forum, bulletin board, blog, chat area, news group, or other feature designed to permit User to upload data and images or communicate with others ("Forum") through this Site. MBOR, in its sole discretion, reserves the right (but shall have no obligation) to review, accept, reject, control, or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any Forum ("Submissions") MBOR does not guarantee that it will review every or any Submission, nor does MBOR guarantee the accuracy, legality, or reliability of any Submission. Under no circumstances will MBOR be responsible or liable for any Submission. User is advised to investigate and evaluate Submissions prior to relying on any of them. User is informed that Submissions may be accessible to and viewed by the general public. User should exercise caution before including any personally identifiable information in a Submission. User represents and warrants that (a) User has the legal right and/or have obtained all necessary licenses and permissions required to post any Submission, and that (b) the Submission will not violate any law or infringe on the rights of any third party, including without limitation any copyright, trademark, patent, privacy or publicity rights. User agrees not to post any Submission that is defamatory, libelous, slanderous, sexually explicit, obscene, inappropriate, indecent, or profane, or that is done with intent to harass, stalk, or threaten any person. User agrees not to use Submissions or any Forum in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, or spamming. User agrees not to impersonate any other person when posting a Submission or to create or use a false on the Site or in a Submission or Forum. MBOR has the right, in its sole discretion, to copy, reproduce, distribute, transmit, and display Submissions at any time without payment or other consideration. MBOR has the right to delete any Submission at any time without notice. Each User agrees to indemnify, defend, and hold MBOR harmless from all claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorneys' fees that arise directly or indirectly from the User's Submissions. Submissions may not contain any advertisements or solicitations without MBOR's prior written consent. MBOR reserves the right to limit or terminate access to Forums at any time for any reason without notice.16. DISCLAIMER.
(A) USE AND ACCESS OF THIS SITE AND ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH THIS SITE IS AT USER'S SOLE RISK.
(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MBOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THIS SITE.
(C) MBOR DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
(D) MBOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. MBOR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR ANY CONTENT.
(E) IN NO EVENT WILL MBOR BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE CONTENT OF THIS SITE OR ANY LINKED WEBSITE. ALL USE IS AT USER'S OWN RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S EQUIPMENT, SOFTWARE, OR WEBSITE, ANY LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THIS SITE OR A LINKED WEBSITE.
(F) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MBOR BE LIABLE TO USER, OR ANY USER OF THIS SITE OR USER'S WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED BY OR PROVIDED THROUGH THIS SITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF MBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MBOR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR PROGRAMS, ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT ON THE SITE, INCLUDING ANY DATA OR PROGRAMS UPLOADED TO OR DOWNLOADED FROM THIS SITE.
19. Suspension or Termination of Access. MBOR reserves the right, in its sole discretion, to suspend or terminate a Userâ€˜s access to the Site for any reason.
21. Ownership of Site and Content; Reservation of Rights. All right, title and interest in and to the Site and Content belong solely and exclusively to MBOR and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright, trademark, and other intellectual property laws. All rights not expressly granted or addressed herein are reserved by MBOR.
(D) There are no third party beneficiaries of these Terms and Conditions.
24. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512 and Infringement of Other Intellectual Property Rights. Any person wishing to notify MBOR of the presence of Content on the Site that such person believes may constitute infringement of copyright pursuant to 17 U.S.C. 512, or of trademark or other legal rights, may submit such notification to MBOR's office at2514 Louanna