THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH YOU MAY ACCESS AND USE THE SERVICES PROVIDED ON CTREAL.COM AND/OR CTSTATEWIDEMLS.COM (EITHER OR BOTH MAY BE REFERRED TO AS A “CTMLS WEB SITE”). PLEASE READ THIS AGREEMENT CAREFULLY, AS YOU MUST AGREE TO ALL OF ITS TERMS BEFORE USING THE SERVICES PROVIDED AT EITHER OF THESE WEB SITES. YOUR USE OF THE SERVICES PROVIDED AT EITHER OF THESE WEB SITES THEREAFTER 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 HAD SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS EITHER OF THESE WEB SITES.

 

IN CONSIDERATION OF THE CONNECTICUT MULTIPLE LISTING SERVICE, INC. (“CTMLS”) GRANTING YOU ACCESS THIS CTMLS WEB SITE, YOU HEREBY AGREE AS FOLLOWS:

 

1.  CTMLS reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time without notice or liability, and such modification shall become effective upon posting on the web site and/or electronic transmission to you. Your use of the services at this web site following any such modification shall be conclusively deemed to be your acceptance of such modification.

 

2. The information provided at this site is for educational and informational purposes only. The information contained at this site should not be construed as a recommendation for any course of action regarding financial, legal, real estate or accounting matters by the CTMLS. It is not meant as a substitute for professional advice from a qualified legal, accounting, real estate or financial professional.

 

3.  CTMLS does not represent, warrant or endorse the accuracy or reliability of any information, data, multiple listing service (“MLS”) listings or MLS search results, including without limitation text, messages, demographics, property data, market data, maps, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials displayed, uploaded, downloaded or distributed through this CTMLS Web Site (collectively, “Content”) by any user, or any other person or entity. You are advised that all third party Content displayed on, posted on, transmitted through or linked from this CTMLS Web Site, is the sole responsibility of the third party originator of such Content. Content is provided through this CTMLS Web Site AS IS, and your use of this web site indicates your understanding and agreement that the use of and reliance on any Content is at your own risk, and that under no circumstances shall CTMLS be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available on or through this CTMLS Web Site.

 

4.  CTMLS may change, suspend or discontinue any aspect of the service provided at this web site at any time without notice or liability, including the availability of any feature, database or content.

 

5.  REALTOR®, REALTORS® and the REALTOR® Block “R” logo, are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS®. All trademarks, service marks, membership marks and logos appearing on this CTMLS Web Site are the property of CTMLS or of a third party that has granted CTMLS permission to use and display such marks and logos, and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of CTMLS using any of the membership marks should refer to the rules and regulations governing use of those marks to assure proper usage. All other trademarks appearing on this CTMLS Web Site are the property of their respective owners.

 

6.  This CTMLS Web Site and all Content included at this CTMLS Web Site are protected by all applicable copyright and trademark laws and are owned by CTMLS or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.

 

            a.  You may download one copy of the Content provided by CTMLS to a single computer for your own personal, non-commercial use. Except as provided below, you may also use copies of Content provided by CTMLS in connection with your real estate business, provided all such copies indicate the Content is copyrighted by CTMLS and is reproduced with CTMLS permission. The following legend should be used in connection with all copies of the Content authorized by this subparagraph: “Copyright CTMLS, Reprinted from this CTreal.com with permission.” Content from any CTMLS online newsletter or publication shall be subject to the above reprint policy.

 

            b.  You may not modify, license, sublicense, publish, copy, display, transmit, reproduce, distribute, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any information, lists of users, databases, other lists or Content provided through or obtained from this CTMLS Web Site. In addition, you may not otherwise make any such Content, lists or other information available to any third party for commercial purposes or financial gain or use same in any other media or in any other location other than as permitted in this section. This prohibition includes, but is not limited to, the practices of “screen scraping,” “database scraping” and any other activity with the purpose of obtaining lists of users or other information or Content, which we consider theft of CTMLS’ proprietary information and those who deal with Content and/or CTMLS data in this manner may be subject to prosecution.

 

            c.  Content provided by any party other than CTMLS may identify the party who provided that Content. You may download one copy of Content credited with being provided by any party other than CTMLS to a single computer for your own personal, non-commercial use. Content provided by any party other than CTMLS may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except with the express authorization of the party providing the Content.

 

7.  Please review the CTreal.com Privacy Policy which also governs your use of and interaction with CTMLS and this CTMLS Web Site to understand our practices.

 

8.  This CTMLS Web Site may contain links to other related internet sites, resources, sponsors, affiliates and other unrelated parties. CTMLS is not responsible for the availability of these outside sites or their content. CTMLS is neither a sponsor, partner, promoter nor publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content of those sites. You should direct any concerns regarding any external link to the site administrator or webmaster of such other site. Further, certain interactive services available through this web site may be financial or mortgage calculator tools that provide information and customized information based on user-inputted data. These tools are only for demonstration purposes and for performing calculations. They are not an offer to lend by CTMLS. Interest rates shown are also for demonstration purposes only. Actual market interest rates and loan terms may vary. You should consult with a qualified legal, financial or mortgage professional for appropriate professional advice tailored to fit your situation and needs.

 

9.  Your dealings with advertisers, third party vendors and/or service providers found on or through this CTMLS Web Site, including any participation in promotions, purchase of goods, services, information or real estate, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. CTMLS does not make any representations or warranties with respect to any content, goods, services, information or real estate, or web sites that may be obtained from such third parties, and you agree that CTMLS will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available or through such third parties, on our Sites. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which CTMLS has no control and which will govern your rights and obligations with respect to the use of those web sites.

 

10. Further, CTMLS makes no representations or warranties with respect to any REALTOR® located through any REALTOR® search which may be available on or through this CTMLS Web Site. A REALTOR’s ® inclusion in the REALTOR® search database is controlled by the NATIONAL ASSOCIATION OF REALTORS® and not by CTMLS. You acknowledge that CTMLS’ provision of any such search capabilities and information concerning any REALTOR®, does not constitute a recommendation, endorsement, warranty or any other type of assurance by CTMLS or this CTMLS Web Site concerning the experience, qualifications, knowledge or abilities of any specific REALTOR® contained in the REALTOR® search database. You expressly agree that your use of any REALTOR® located through this CTMLS Web Site is at your sole risk. YOU ALSO AGREE THAT THIS CTMLS WEB SITE AND CTMLS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY REALTOR® LOCATED THROUGH THIS CTMLS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

 

11.  THIS CTMLS WEB SITE IS PROVIDED BY CTMLS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. CTMLS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS CTMLS WEB SITE, OR AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF THIS CTMLS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS CTMLS WEB SITE IS AT YOUR SOLE RISK.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CTMLS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. CTMLS AND THIS CTMLS WEB SITE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS CTMLS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

 

12.  As part of the registration process to use any “Members Only” portions of this CTMLS Web Site, you will be assigned a password. You agree to provide CTMLS with accurate, complete, and updated registration information. Failure to do shall constitute a breach of this Agreement, which may result in immediate termination of your access to this CTMLS Web Site.

 

13.  CTMLS reserves the right to send electronic mail to any and all users of this CTMLS Web Site for the purpose of informing them of changes or additions to this CTMLS Web Site or any related services or products, but shall have no obligation to do so.

 

14.  CTMLS may at any time, in its sole discretion, terminate, limit or suspend your access to this CTMLS Web Site, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement or the termination of your membership, if any, in CTMLS.

 

15.  This CTMLS Web Site may from time to time make available “discussion areas” on various subject matters which may be of interest to persons authorized to use this CTMLS Web Site. CTMLS may, with or without notice, and at the sole discretion of CTMLS, establish, discontinue and/or delete any or all “discussion areas.” You agree that if you participate in a “discussion area” (post or read a message or comment at the discussion area) you will abide by the rules and regulations governing discussion area as hereinafter set forth.

 

            a.  CTMLS does not review the content of messages or comments posted to discussion areas within this CTMLS Web Site by persons authorized to use this CTMLS Web Site other than CTMLS, and you agree that CTMLS shall have no liability for any damages arising out of the content of those messages or comments. If you post a message or comment at a discussion area, you agree to indemnify and hold CTMLS harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the message or comment posted by you.

 

            b.  CTMLS is authorized, but not obligated, to reproduce and distribute through this CTMLS Web Site service copies of all comments and messages posted to a discussion area. CTMLS reserves the right, but does not assume a duty to any party, to delete from any discussion area any comment or message which CTMLS determines, in its sole discretion, does not comply with these rules and regulations.

 

            c.  You agree to use discussion areas in this CTMLS Web Site only for lawful purposes and not to post any unlawful message or comment or in any other way use this CTMLS Web Site so as to violate any local, state, or national law.

 

            d.  You agree not to post any defamatory, libelous, threatening, vulgar, sexually explicit, or obscene messages or comments. All comments and messages posted to a discussion area in this CTMLS Web Site will reflect the professionalism of REALTORS® and the spirit of the Code of Ethics as expressed in its preamble, “Whatsoever would that others should do to you, do ye even so to them.”

 

            e.  You agree not to take any action which would disrupt the dialogue in a discussion area or take any other action which would interfere in the normal use of this CTMLS Web Site by other authorized users.

 

            f.  You agree not to post any advertising, promotional or other type of solicitation to other authorized users of CTreal.com, except in those areas of this CTMLS Web Site where such postings may be specifically authorized.

 

            g.  You agree not to impersonate any other person in your postings to a discussion area in this CTMLS Web Site.

 

            h.  Individual discussion areas may have additional rules and regulations specific to the subject matter being covered in the discussion area. These rules and regulations, if any, will be posted at the discussion area. You agree to abide by the rules and regulations of individual discussion areas in which you participate.

 

16.  This agreement, its terms and conditions and the use of this CTMLS Web Site are governed by and will be interpreted under the laws of the State of Connecticut, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement. You hereby agree that any and all disputes which may arise and any litigation that may arise from such disputes will be litigated before a court located in the County of New Haven, State of Connecticut, U.S.A., to the exclusion of the courts of any other state or country.

 

 

 

In addition to all of the above General Terms and Conditions governing use of this CTMLS Web Site, the following additional terms and conditions apply to any person using this CTMLS Web Site who is also a member of CTMLS (“CTMLS Member”):

 

A. The database, data, compilations, listings and contents accessible through this CTMLS Web Site, are proprietary property of CTMLS and others who have authorized CTMLS’ use of such information in CTMLS’ database. Access to and use of the CTMLS database, as well as the data, listings and contents accessible through this CTMLS Web Site, is provided only for use by those persons authorized by CTMLS.

 

B. CTMLS’ systems and database may be monitored for any lawful purpose, including, but not limited to, ensuring authorized use, managing the system, facilitating protection against unauthorized access, verifying security procedures, survivability and operational security. During monitoring, information (including personal information placed on or entered into the CTMLS system or database) may be examined, recorded, copied and used for lawful purposes. Unauthorized use may subject you to civil and criminal prosecution.

 

C. Your use of the CTMLS database, system and this CTMLS Web Site, whether authorized or unauthorized, constitutes your consent to CTMLS’ monitoring your use of same.

D. By your access and use of the CTMLS database, system and/or this CTMLS Web Site, you agree to be bound by and to abide by the terms of the CTMLS Rules & Regulations and CTMLS Data Access Agreement, as same may be amended from time to time, which Rules & Regulations and Agreement are incorporated herein by reference as if they were fully set forth in these Additional Terms and Conditions for use of this CTMLS Web Site. Current versions of the CTMLS Rules & Regulations and CTMLS Data Access Agreement can be viewed and downloaded at www.ctstatewidemls.com.