As consideration for the right to search this website operated by (name of HMLS Participant) for properties for sale or lease, I/We (“User”) agree to the following terms and conditions:
1. All data displayed on this website about properties for sale or lease are the proprietary asset of the Heartland Multiple Listing Service, Inc. (“HMLS”). HMLS owns all Intellectual Property Rights in and to such data, or the compilation of such data, including all copyright, patent, trade secret, or trademark rights. User will not contest HMLS’ Intellectual Property Right claims, nor assist others in doing so. User agrees that in the event User infringes upon HMLS’ Intellectual Property Rights in the property data displayed on this website, HMLS’ remedies at law are inadequate, and that HMLS is entitled to temporary and permanent injunctive relief to prohibit such an infringement.
2. User agrees that User is a bona fide potential purchaser or lessee of property in the market area served by HMLS and (name of broker). User agrees that any search performed by User of properties available for sale or lease utilizing this website is solely for the purpose of identifying properties in which User has legitimate and bona fide interest in buying or leasing.
3. User agrees that User shall not use this website, or any of the property data accessible on this website, for any commercial or business purpose. User shall not sell, loan, exchange, or license, or otherwise retransmit the property data accessible on this website to any third party without the express written permission of HMLS and (name of broker).
4. User waives any and all claims for damages of any kind against HMLS or (name of broker) by reason of Users’ use of this website, or the property data available at this website, including, but not limited to actual, punitive, special, or consequential damages, or lost profits or unrealized savings.
5. This Agreement shall be governed by the laws of Kansas. User agrees that any suit to enforce this Agreement shall be brought in the state or federal courts having jurisdiction over Johnson County, Kansas. User waives any objection to the personal jurisdiction of such courts.
6. In the event a judgment is entered against User in any action by or against User to enforce the parties’ obligations under this Agreement, User shall pay the prevailing parties’ attorneys fees and costs incurred in the prosecution or defense of such action.
7. User acknowledges and agrees that HMLS is a third party beneficiary of this Agreement and both (name of broker) and HMLS shall each have the authority to enforce its terms against User.
SOMO MLS respects the intellectual property rights of others and expects you to do the same. Per the DMCA, SOMO MLS will respond expeditiously to claims of copyright infringement on the Site if submitted to SOMO MLS's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, SOMO MLS will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials. If you believe that your intellectual property rights have been violated by SOMO MLS or by a third party who has uploaded materials to the Site, please provide the following information to SOMO MLS's designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where SOMO MLS can contact you and, if different, an e-mail address where the alleged infringing party, if not SOMO MLS, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
SOMO MLS may request additional information before removing any allegedly infringing material. In the event SOMO MLS removes the allegedly infringing materials, SOMO MLS will immediately notify the person responsible for posting such materials that SOMO MLS removed or disabled access to the materials. SOMO MLS may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
SOMO MLS reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact SOMO MLS's Copyright Agent. Please include sufficient information to assist SOMO MLS in determining that the user repeatedly engaged in infringing activity.
SOMO MLS registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). SOMO MLS's designated Copyright Agent is: Miles F. Noennig 1310 Primrose, Springfield, MO 65804, Phone: 417-883-1226, Email: email@example.com