RealtyProMLS® Terms of Service
Last Modified: April 23, 2020.
Before you can access or use any of the software or applications of the RealtyProMLS® system (hereafter referred to as The Service) or any services provided by RealtyPro Solutions, LLC (hereafter referred to as MLS Provider) you must read and accept the following terms and conditions of service. If The Service is governed or controlled by a REALTOR® board, an association, a private board or corporation, or a broker cooperative, the controlling entity (hereafter referred to as MLS Entity) may also have additional terms of service including MLS bylaws and MLS rules. If any of these terms of service conflict with the terms of service of MLS Entity, whichever terms are more restrictive shall control. By using The Service, you agree to abide by these terms. If you do not agree to any of these terms, please do not use this website or any of the services provided by MLS Provider. If you fail to abide by these Terms of Service or any of the MLS rules as they are now or as they may be changed in the future, you may be subject to fines and/or penalties including termination from MLS access and participation in The Service.
- Authorization and Access: Your right to access The Service is subject to any existing Service Agreements (if applicable) between MLS Provider and MLS Entity and between MLS Provider and the Principal User of each office. Principal User means the principal real estate broker (employing broker) for each real estate office and the owner (or responsible party) for each appraisal or affiliate office that is a participant in The Service. You understand and agree that your right to access and use The Service is subject to your compliance with: any such Service Agreements, the MLS rules, these terms of service, and payment of all fees charged by MLS Provider and/or MLS Entity for The Service. If you fail to pay all fees when due (including late fees or fines for violations of the MLS rules) or if you fail to comply with and abide by the MLS rules or any other terms or conditions of The Service as they are now or as they may be changed in the future, your right to access The Service may be suspended or terminated. MLS Provider reserves the right to suspend or terminate your access to The Service, or any user ID, URL, IP Address, or domain name used by you, in the event this service is used in a manner which (a) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (b) is defamatory, fraudulent, obscene or deceptive; (c) is intended to threaten, harass or intimidate; (d) tends to damage the name or reputation of MLS Provider, its parent, affiliates and subsidiaries; (e) violates any of the rules set by MLS Entity and/or MLS Provider, or (f) interferes with other customers' use and enjoyment of the Services provided by MLS Provider.
- Passwords and Security: Each authorized User who logs in to the RealtyProMLS® system must have his or her own unique username and password. YOU AGREE TO NEVER GIVE OUT YOUR USERNAME AND PASSWORD AND TO NEVER ALLOW ANYONE TO USE YOUR LOGIN CREDENTIALS TO ACCESS OR USE THE SERVICE. IF YOU DO, YOU WILL BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000.00) PER OCCURANCE BY MLS PROVIDER PLUS ADDITIONAL FINES BY MLS ENTITY. Provisions have been made through the system to allow Users to "Work as another User", but no person should ever login to or use The Service with another person's credentials. Provisions have also been made to allow licensed assistants, unlicensed assistants, and office staff to access and use the MLS; but in all cases, each user must use their assigned username and password. You understand and agree that any attempt to break security, to access an account which does not belong to you, or to give someone else access to your account shall be considered a material breach of this Agreement, and such breach may, without limiting MLS Provider's other remedies, result in suspension or termination of The Service. You further agree to immediately notify MLS Provider of (a) any unauthorized use of The Service, (b) any unauthorized use of your account, and/or (c) any breach, or attempted breach of security known to you. You also agree to cooperate with MLS Entity and MLS Provider to verify suspicious logins.
- Ownership/Confidentiality: RealtyProMLS® is a registered trademark of RealtyPro Solutions, LLC. All web content contained therein is © copyrighted and owned by MLS Provider. The RealtyProMLS® system, (including software, images, graphics, logos, Internet domains, web pages, source code, user documentation, and other materials that depict or describe the software and/or MLS System) is and shall remain the exclusive property of MLS Provider and shall collectively be considered MLS Provider's "confidential information". You agree to hold in confidence the "confidential information" of MLS Provider, and you agree not to disclose or allow the disclosure of the "confidential information" for its own benefit or the benefit of any person or entity without the written consent from MLS Provider. All data (except your personal contacts) entered into The Service by you (including all listing data and photos) is and shall remain the exclusive property of MLS Entity and shall be considered MLS Entity's "confidential information". You agree to hold in confidence the "confidential information" of MLS Entity and agree not to give out or disseminate the listing data to anyone except as authorized by the MLS rules of MLS Entity. You may only retrieve, export, and use the listing and membership data from The Service as authorized by the MLS rules. You are prohibited from harvesting or otherwise collecting information about other users or their listings. You are specifically prohibited from using any data gathering and extraction methods to catalog, download, store, or otherwise reproduce or use the content from The Service without written permission from MLS Entity. Such prohibited data gathering and extraction methods include, but are not limited to, exporting data, using RETS feeds for unauthorized purposes, data mining, robots, screen scraping, spiders, crawlers, cancelbots, Trojan horses, manual processes, and any other similar methods and techniques. Personal contacts remain the property of the user for whom they were added - and can be exported, transferred, or shared using teams.
- Copyrights and Trademarks: For any listing data submitted by you for which you are not the original owner/photographer (such as professional photos of the property), you are responsible for obtaining a copyright release before you submit any such data to The Service, and you accept full liability for any claims caused by your failure to obtain the necessary copyright release. You grant MLS Entity, MLS Provider and their designated licensee(s) a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material you submit to The Service regardless of the medium, technology, or form in which it is used. Either MLS Entity or MLS Provider may modify or remove any listing data for any reason it deems appropriate, including but not limited to removing photos and public remarks from existing listings to keep users from copying or using the data originally submitted by another user.
- Permitted Uses: You are authorized to access and use The Service to create reports and to give out or disseminate MLS data to prospective or actual customers and clients subject to the MLS rules and in compliance with the activities allowed by state law for the type of license you hold. This includes providing listing reports and MLS data for the purpose and intent of helping customers and clients list and sell real estate or to provide valuations of real property. You are not authorized to collect or use the listing data for any other purpose without written approval from MLS Entity. Unless your office has opted out of IDX, you are authorized to display listing data on your personal or company web site(s) subject to the IDX terms and MLS rules of MLS Entity. If the MLS requires IDX disclosure, you are required to disclose to the MLS all uses of IDX (locations where you display or make available MLS listings to the public). UNLESS THE MLS RULES SPECIFICALLY ALLOW IT OR YOU HAVE OTHERWISE OBTAINED WRITTEN PERMISSION FROM MLS ENTITY, YOU AGREE NOT TO PROVIDE LISTING DATA TO OTHER APPRAISERS OR REAL ESTATE LICENSEES WHO ARE NOT MEMBERS OF THE MLS UNLESS YOU ARE THE LISTING BROKER OR LISTING AGENT OF THE PROPERTY FOR WHICH YOU ARE GIVING OUT INFORMATION.
- Payment of Fees: Depending on the agreement between MLS Entity and MLS Provider, fees may be collected by either or both parties for access to and use of the MLS System. You are responsible to pay all required fees to the applicable entity by the due date. If you fail to pay all fees charged by MLS Provider and MLS Entity (including penalties for violation of MLS rules) when due, your access to The Service will be suspended or terminated.
The following billing terms apply only to amounts billed directly from MLS Provider to Users: Principal User is responsible to guarantee payment for all Users affiliated with his or her office. If any payment becomes past due, Principal User and any User who is past due will be locked out of the MLS until payment (including late fees) is received in full. If any payment becomes past due, Principal User agrees to either: a) terminate the affiliation of any User affiliated with Principal User's office who is past due, or b) pay the amount due including late fees. If any payment becomes more than 30 days past due, Principal User including all Users affiliated with the office will be permanently terminated from the MLS and all Active and Pending listings of the office will be Withdrawn. Unless MLS Entity and MLS Provider agree otherwise, a late fee of $25.00 per User will be assessed for each User charge that is past due. There will also be a fee of $25.00 for any returned checks or any credit card charge disputes of legitimate charges. Unless an exception is made by written Agreement (i.e. "Certificate of Non-Use"), all employing broker Principal Users are required to disclose to the MLS and pay for every real estate licensee who is affiliated with or employed by Principal User regardless of whether or not said licensee(s) intend to use the MLS. If allowed by MLS Entity, Users may review their billing by logging into the MLS at www.RealtyProMLS.com, clicking: [Settings] from the top menu and [My Account/Billing]. Payments made directly to MLS Provider may be made by credit card (Mastercard, Visa, or Discover) or by check.
- Personal Information: You hereby certify that you are not a minor, and you agree (for purposes of identification, billing, and verification of authorization to access The Service) to provide accurate, complete, and updated information in your profile and registration information including: your legal name, address, telephone number(s), and email address.
- Data Content: You agree not to submit any data, photos, sound files, video files, promotional documents, or other content through the use of this service that is unlawful, obscene, offensive, or that you know is not true. This includes but is not limited to such things as: pornography or any image containing any sexual content; material that violates the privacy rights or property rights of others (copyrights or trademarks, for example); or any content with which MLS Provider or MLS Entity concludes, in its sole discretion, it does not want to be associated with in order to protect its reputation, brand image, and/or to protect its employees and affiliates. You understand and agree that you must have a legal and valid listing contract for each of your Active listings in the MLS, and you agree to provide a copy of the listing agreement and/or any addendums and extensions to the contract to MLS Provider or MLS Entity upon request from either one in a timely manner. You specifically agree not to enter any false information (including but not limited to: status, list price, sold price, listing and selling office, and expiration date) in the MLS. You also agree to update the true and correct status of all listings in a timely manner, and you agree to comply with all of the MLS rules (as they are now or as they may be changed in the future) regarding the entry, submission, and updating of all listings and listing data in the MLS. Unless the MLS rules specifically allow otherwise, photos and media submitted to the MLS shall not contain any branding of any kind including: office and agent names, phone numbers, web addresses, yard signs, logos, etc.
- Advertising Disclaimer: You shall not use MLS Provider's name or any language, pictures or symbols which could, in MLS Provider's judgment, imply MLS Provider's endorsement in any (a) written or oral advertising or presentation, or (b) brochure, newsletter, book, or other written material of whatever nature, without prior written consent. All real estate advertising placed by anyone through The Service is subject to the US Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information. The Service will not knowingly accept any advertisement which is in violation of the law. MLS Provider is not responsible or liable for any violations made by you of any fair housing laws or other state and federal laws related to the display and advertising of real estate. You agree to hold harmless and to indemnify MLS Provider, its affiliates and subsidiaries, in the event that your use of The Service (a) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (b) is defamatory, fraudulent or deceptive, (c) is intended to threaten, harass or intimidate, or (d) violates the MLS rules of MLS Entity.
- Disclaimer and Liability Release: MLS Provider disclaims and makes no warranties or representations, either express or implied, by statute or otherwise, with respect to the software or documentation of The Service, including any warranties with respect to quality, accuracy, timeliness, performance, non-infringement, merchantability or fitness for a particular purpose. MLS Provider makes no representation or warranty that the operation of the software will be error-free or uninterrupted. Although MLS Provider will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, MLS Provider can not guarantee that such events will not occur. Accordingly, MLS Provider disclaims any and all liability resulting from or related to such events. In no event shall MLS Provider be liable for direct, indirect, special, incidental or consequential damages arising from the use of or inability to use The Service, whether based on breach of contract, tort (including negligence), product liability, or otherwise. MLS Provider is not responsible for any costs, including, but not limited to those incurred as a result of lost profits or revenue, loss of any software, loss of data, the cost of recovering such software or data, the cost of substitute software, or claims by third parties. MLS Provider is not responsible for the content of the listing data submitted to The Service including: the accuracy of the data, any violations of federal fair housing or anti-discrimination laws, false or misleading advertising, or claims that the data may infringe upon the privacy of any U.S. patent, copyright, or other intellectual property right of a third party. You are responsible for the accuracy of all data submitted to The Service, and it is recommended that you obtain professional liability (errors and omissions) insurance to cover any liability that may occur from claims by third parties regarding the correctness of the property data entered into The Service. You also agrees to indemnify, defend, and hold harmless MLS Provider (including the officers, employees, and agents of MLS Provider) from and against any and all third party claims, suits, liability, demands, damages, costs, and expenses that may have been caused either directly or indirectly from the use of the MLS System or participation in The Service. Under no circumstances shall MLS Provider's liability exceed the amount of your service fee for the one (1) year period immediately preceding the date any such claim may arise.
- Non-Assignment: You may not assign, transfer or sub-license any rights, interest, or benefits granted hereunder or any obligations assumed hereunder without the prior written consent of MLS Provider.
- Notices: All notices made to MLS Provider must be submitted using at least two of the following three methods: (a) faxed to (435) 674-0444, (b) emailed to: firstname.lastname@example.org, or (c) mailed to: P.O. Box 3262 -- St. George, UT 84771. Any notices or communications made to you by MLS Provider may be made by sending such notice to the email address, fax number, or mailing address contained in your personal profile of The Service which you should always make sure is current through the "Edit My Profile" module of The Service.
- Force Majeure: MLS Provider shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Severability: If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both you and MLS Provider shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result. Any action to enforce a mediation or arbitration award or any injunctive relief sought pursuant to these terms and conditions shall be brought only in the federal or state courts in the state of Utah, USA and you consent to the exclusive jurisdiction of such courts.