Homesnap Terms of Use

By accessing this Web site you agree to be bound by the terms and conditions below.

Consumer VOW Terms of Use

(Applicable to all consumer users and Homesnap Pro users outside of their home MLS)

Homesnap is a real estate technology platform that offers users access, via websites and mobile applications, to residential real estate data from a combination of sources, including public records and the local multiple listing service (MLS). Homesnap operates a “virtual office website” (VOW), and the local MLS requires consumers to agree to certain terms and conditions before seeing certain property data. These terms and conditions apply whether you were invited to Homesnap by a real estate agent or came to Homesnap on your own.

By registering, you are agreeing to the following terms and conditions:

You acknowledge entering into a lawful consumer-broker relationship with us; however this does not require you to work with Homesnap, nor does it impose a financial obligation on you; nor does it prevent you from working with any other agent, including those you may contact through Homesnap. You may continue to use Homesnap, with no obligations, even if you have entered into a representation agreement with another agent.

You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLSs copyright to such data. You also acknowledge that the individual MLS is authorized to access this Web site for the sole purpose of monitoring compliance with MLS rules.

Homesnap also displays non-MLS data from 3rd party providers, which own and have copyright to such data. The MLS is not responsible for the content of such 3rd party data.

All data obtained from this Web site is intended only for your personal, non-commercial use. You have a good faith interest in the purchase, sale or lease of real estate of the type being offered through this Web site. You will not copy, redistribute or retransmit any of the data or information provided.

In addition to the above terms, you also agree to Homesnap’s general Terms of Use.

General Disclaimer and Limitation of Liability

This Web site and the information, products and services associated with it are provided “as is.” Homesnap disclaims any and all express or implied warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Homesnap disclaims any warranties concerning the availability, accuracy or usefulness of the information contained on this Web site.

Use of this Web site and/or Homesnap’s services is at your own risk. Neither Homesnap nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or any other injury arising out of or in any way connected to the use of this Web site or Homesnap’s services, including also damages arising out of the inability to access this Web site or its services, even if Homesnap had been advised of the possibility of such damages.

Indemnity

By using this Web site, you agree to indemnify Homesnap, its officers, agents, partners and employees from and against any and all claims and damages arising out of your use of the Web site.

Links

Our Web site may contain links that direct you to third-party content. Homesnap has no control over the content that is on third-party sites, and it does not endorse, sponsor, guarantee or warrant the information you may find there.

License

When using this Web site, you may generate certain content, including, but not limited to, photos taken by you using the Web site and comments made by you using the Web site (“Content”). You hereby grant to Homesnap a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display or reproduce the Content, including without limitation distributing part or all in any media formats through any media channels, provided such use, modification, deletion or addition does not materially change the Content; except Content not shared publicly ("private") will not be distributed, displayed or reproduced unless explicitly shared by you in the Web site.

Referrals to Other Brokers/Agents and Service Providers

Homesnap does not guarantee or warrant the products or services of other product or service providers to whom it may refer you, including, but not limited to, real estate brokers/agents, lenders and escrow/settlement companies. 

Homesnap Pro Terms of Use

The following terms and conditions govern the use of Homesnap Pro and are applicable to any real estate agent who wishes to become a Pro User. Homesnap Pro is offered subject to your acceptance without modification of all the terms and conditions contained herein:

Application and Homesnap Pro defined

Homesnap owns a real estate technology platform (“Platform”) that offers users access, via websites and mobile applications, to residential real estate data from a combination of sources, including public records and local multiple listing services. Homesnap has created an enhanced product on top of the Platform to be offered as a paid subscription to real estate professionals (“Homesnap Pro” or the “Application”). Once an active subscriber of a participating MLS completes the registration process for Homesnap Pro, they become a “Pro User”, and as such shall be able to use the Application and be afforded certain protections.

Pro User Protections

Within the Application, Homesnap shall enable each Pro User to invite individual consumers to connect with such Pro User within Homesnap’s web sites and mobile apps. Homesnap operates a “virtual office website” (VOW), and therefore any consumer so invited must agree to Homesnap’s consumer terms and conditions, which shall in no case impose a financial obligation on the consumer nor create any agency or representation agreement between the consumer and Homesnap. Once such connection between the consumer and Pro User is effected, Homesnap shall consider such consumer to be the Pro User’s invitee (“Invitee”). Subsequently, whenever such Invitee uses the Platform, and is so identifiable using industry standard methods, Homesnap shall not display any other real estate professional or broker to such Invitee. The Pro User’s profile and contact information shall be seen by the Invitee and all inquiries shall be directed to the Pro User, free of charge.

Leads

When an independent consumer who is not identifiable as the Invitee of any Pro User uses the Platform, the “details page” of Pro User’s identifiable active listings shall be “protected”, meaning Homesnap shall prominently feature Pro User on such listings for the purpose of facilitating inquiries and leads (“Listing Leads”). In addition, Homesnap may facilitate other consumer inquiries and leads from the Platform to the Pro User, together with Listing Leads, collectively the “Leads”. In all cases, such Leads shall be delivered free of charge and such consumers shall have no financial obligation to, nor any agency or representation agreement with, Homesnap.

Pro User Clients

There are no restrictions on Pro User’s ability to execute any representation or agency agreement with any Invitee, Lead or any other consumer who uses the Platform, and such individuals may continue to use the Platform after signing any such

Use of Homesnap Pro

Your ability to use Homesnap Pro is conditioned upon your continued status as an active subscriber of a participating MLS. In addition, you hereby agree that as a Pro User, you will not grant access to your version of Homesnap Pro to any other individual or entity, including “real estate assistants.” Only active subscribers of a participating MLS may register for and use Homesnap Pro, and such subscribers must have their own

Ownership; Software, Hosting & Maintenance

The Application and all related software, data, patent rights, copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto, including derivative works, are and shall remain the exclusive property of Homesnap or its licensors. Homesnap hosts the data and software for the Application and from time to time Homesnap may experience outages due to software, hardware or power failures, or issues at the wireless carrier level.

Read Estate Laws

Homesnap and Pro User shall each be responsible for ensuring their respective compliance with federal, state or local laws relating to the sale of real property, as well as with any applicable MLS rules and regulations.

Broker Approval

You acknowledge that you have received any necessary approvals from your supervising broker before becoming a Pro User and using the Application.

Data Privacy and Information Security

Homesnap shall be responsible for establishing and maintaining data privacy and information security measures that are designed to ensure the security and confidentiality of certain Pro User data, including the contact information of Invitees, and the communications made by Pro User while using the Application.

Disclaimer of Warranties

The Application is provided “as is”. Homesnap and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Homesnap nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You agree that you shall use the Application at your own discretion and risk.

Limitation of Liability

Homesnap shall not be liable to Pro User for any consequential, special, indirect, incidental, punitive, or exemplary damages (including, without limitation, lost profits, lost savings or loss of goodwill) suffered or incurred in connection with the exercise of any rights or licenses granted hereunder, or the performance or non-performance of any obligations hereunder.

Indemnification

You agree to indemnify and hold harmless Homesnap and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of these terms and conditions.

Support

Pro Users may contact Homesnap during normal business hours at 1- 866-855-2622 or support@homesnap.com

Miscellaneous

These terms and conditions constitute the entire agreement between Homesnap and Pro User and supersede any and all previous representations, understandings, or agreements between Homesnap and Pro User as to the subject matter hereof. These terms and conditions may only be amended by an instrument in writing signed by both Homesnap and Pro User.

Northwest Multiple Listing Service (NWMLS)

Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.).

We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.

If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:

  1. A physical or electronic signature of the poster;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  4. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.

Notices of the foregoing copyright issues should be sent as follows:

By mail:
Northwest Multiple Listing Service
11430 NE 120th Street
Kirkland, WA 98034
United States
Attention: DMCA Designated Agent

By e-mail:
copyright@nwmls.com

If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.

Regional Multiple Listing Service of Minnesota, Inc

Required Agreement text
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, Homesnap (“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”); and the developer of this site, Homesnap (“Developer”). (Collectively, Broker, RMLS, 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:

  1. 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:
    1. Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial one;
    2. 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;
    3. 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
    4. 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.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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, and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.

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