NorthstarMLS Terms and Conditions
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
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, Team Lucky Duck - "Dial The Ducks!" (Keller Williams Preferred Realty - Zach & Carly Duckworth)
(“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a
NorthstarMLS and NorthstarMLS.com (“RMLS”); and the developer of this site,
Firepoint Solutions, Inc. (“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:
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.
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.
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,
noncommercial 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.
Limited Use. You will not:
Use the Licensed Site, Licensed Content, or both for any purpose
other than a personal, non-commercial one;
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;
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
Employ the Licensed Content, the Licensed Site, or both for any
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.
- General terms.
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.
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.
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.
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.
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.
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.
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
We take your privacy seriously.
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about your home search, and any products or services on our site in which you have expressed interest. At your option, you may also provide other information about yourself (such as alternate contact information), but it is not required.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us or registered. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request or answer your questions.
We may use "cookies" on this site from time to time. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to enter your username or password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site, it just makes it easier for you to use.
Your Access to and Control Over Information
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only individuals who need the information to perform a specific job (for example, facilitate a real estate transaction) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.