This agreement describes the terms and conditions pursuant to which you may access and use the services provided on STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS
PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS CONSTITUTES YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO ABIDE BY THE TERMS OF THIS AGREEMENT AS IF YOU HAVE SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS
IN CONSIDERATION OF STATE-WIDE MULTIPLE LISTING SERVICE, INC. AND THE RHODE ISLAND ASSOCIATION OF REALTORS GRANTING YOU ACCESS TO STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS, YOU AGREE TO THE FOLLOWING:
Introduction
The websites at STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS are owned and operated by State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS which has a principal place of business at 100 Bignall Street, Warwick, RI 02888.
Where available, non-members of State-Wide Multiple Listing Service, Inc. and/or the Rhode Island Association of REALTORS are provided access only to the “public” areas of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS, including, without limitation, information on membership, products offered by State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS, State-Wide Multiple Listing Service, Inc.’s e-mail subscription process, industry news articles, State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS Rules and Regulations, Terms of Use, and Privacy Policy. Access to the public areas of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS is provided to enable a non-member to research and make informed decisions about becoming a Participant or Subscriber member of State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS. Non-members are not provided search access to State-Wide Multiple Listing Service, Inc.’s proprietary real property database.
Your agreement to comply with the terms, conditions, and notices stated here, as modified from time-to-time, is a requirement for your access to STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS refers to these terms, conditions, and notices as “Terms of Use”. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS will post amended Terms of Use prominently on our website so that you can always review what terms and conditions govern your access to STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS. Please check the State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS website at STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS at any time for the most current version of our Terms of Use.
1. Modification of Terms of Use
State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS reserves the right at its sole discretion to change, modify, add or remove any portion of this Terms of Use Agreement at any time without liability, and such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site. You should regularly review the Terms of Use to remain familiar with the provisions. Any use of the site by you after posting of any changes, modifications, additions or deletions shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
2. Service and Features
State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS may change, suspend or discontinue any aspect of the service provided at this website at any time without notice or liability, including without limitation, the availability of any feature, database or content, hours of availability, and equipment needed for access or use of the site. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
3. Copyright
STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, plans, sketches, designs and sound, including music. All materials included on STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS are protected by all applicable copyright and trademark laws. All rights are expressly reserved by the applicable copyright and trademark owner. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the material, in whole or in part, except as expressly provided by this Terms of Use Agreement. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of State-Wide Multiple Listing Service, Inc and the Rhode Island Association of REALTORS. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. Any rights not expressly granted herein are reserved.
4. Trademarks
State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS is a trademark, service mark, membership mark, and/or logo of State-Wide Multiple Listing Service, Inc.. REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, the REALTOR® Block “R” logo, REALTOR.com, and REALTOR.org are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS®. All State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS trademarks, service marks, membership marks and logos appearing on STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS are the property of State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS and all rights in those trademarks, service marks, membership marks and logos are reserved. All NAR trademarks, service marks, membership marks and logos appearing on STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS are the property of NAR and all rights in those trademarks, service marks, membership marks and logos are reserved to NAR. All other trademarks appearing on STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS are the property of their respective owners.
5. Limitations on Use
You agree that you will not use STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use.
a. Permitted Uses of Website Material. You may print or download to a single computer one copy of the website material available to you on STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS for your own personal non-commercial use.
b. Prohibited Uses of Website Material. You agree that you will not, except as expressly permitted herein, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell any website material, including without limitation, software, lists of users, databases or other lists, provided through or obtained from STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You may not obtain or attempt to obtain any website material through any means not intentionally made available or provided for through STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS.
c. Prohibited Uses of Site. You agree that you will not use STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS in any manner which could damage, disable, overburden, or impair STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS or interfere with any other party’s use and enjoyment of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS. You agree that you will not use the site or any of the services for or in connection with any of the following activities:
(i) tampering, hacking, modifying, or otherwise corrupting the security or functionality of the services, interfering with or disrupting the network or other networks connected to the service, or posting, e-mailing, or otherwise transmitting any data that contains any software viruses, Trojan horses and/or any other code, files or programs intended to destroy, disrupt or otherwise impair a computer’s functionality or the operation of any service;
(ii) chain letters, pyramid schemes or spamming;
(iii) posting, e-mailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children under 18 years of age;
(iv) spoofing or otherwise impersonating any person or entity, such as another user or any of our personnel, falsely stating or otherwise misrepresenting your identity or affiliation, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
(v) using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent;
(vi) violating any applicable local, state, national, or international law; or
(vii) violating these Terms of Use.
6. Privacy
When using certain services that State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS provides through STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS, you may be asked to provide Personally Identifiable Information about yourself. If you choose to provide Personally Identifiable Information, you agree to provide true, accurate and complete information and to maintain such information. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS are committed to maintaining the privacy and security of any and all Personally Identifiable Information that you provide through STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS.
7. Links
STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS may contain links to other Internet sites or resources. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS is not responsible for the availability of these outside sites or their content including without limitation any link contained in such content, or any changes or updates to such content. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS have not made any independent investigation to ascertain whether or not the information contained in any such site is accurate. Provision of a link to such site does not imply an endorsement by State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS of such site. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS is not a sponsor, partner, promoter or publisher of such sites or their content, and expressly disclaim any responsibility or liability for the content of those sites. You may be subject to additional and/or different terms of use and privacy policies when you use linked sites. Before using linked sites or submitting personally identifiable information to or through these third party websites you should review the governing terms of use and privacy statements.
8. DISCLAIMER
USE OF AND RELIANCE UPON ANY AND ALL INFORMATION PROVIDED BY State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS THROUGH the USE OF STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS AND State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS E-MAIL IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS and WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON ANY CONTENT CONTAINED WITHIN STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. IN NO EVENT WILL State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE ANY CONTENT OR SERVICES PROVIDED ON STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS. IN NO EVENT SHALL State-Wide Multiple Listing Service, Inc.’S and the Rhode Island Association of REALTORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
10. Indemnification
You agree to indemnify, defend and hold harmless State-Wide Multiple Listing Service, Inc., the Rhode Island Association of REALTORS, its officers, directors, employees, agents, vendors, contractors, and subcontractors from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site or information contained within the site or related to your violation of this Agreement.
11. General Terms
a. Governing Law and Venue. This Agreement is governed by the laws of the state of Rhode Island, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Rhode Island in all disputes arising out of or relating to the use of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS.
b. No agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS as a result of this Agreement, or the use of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS.
c. Validity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
d. Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS regarding access to and use of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS and it supersedes any prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between you and State-Wide Multiple Listing Service, Inc. and the Rhode Island Association of REALTORS regarding access to and use of STATEWIDEMLS.COM, RIREALTORS.ORG, RIAREDUCATION.COM AND SUBDOMAINS OF THOSE DOMAINS.
e. Agreement Admissible as Evidence. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained.