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, Easy Street Realty, Inc. (“Broker”); and Regional Multiple
Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”);
Inc. and the developer of this site, Easy Street Realty, Inc. (“Developer”). (Collectively,
Broker, RMLS, and Developer are the “Licensors.”); as well as you; and the owner
of this site, Easy Street Realty, Inc. and REALTOR® Association of Southern Minnesota
(“RASM”); and the developer of this site, Easy Street Realty, Inc. (“Developer”). (Collectively
Broker, RASM, 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.
2. 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.
3. 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.
4. Limited Use.
You will not:
(a) Use the Licensed Site, Licensed Content, or both for any purpose other than a personal,
non-commercial one;
(b) 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;
(c) 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
(d) Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose.
5. 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.
6. General terms.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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 mbisping@northstarmls.com.
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.