PLEASE READ THIS
AGREEMENT CAREFULLY. YOUR USE OF www.trendmls.com 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, DO NOT USE
www.trendmls.com.IN CONSIDERATION OF THE DELAWARE VALLEY REAL ESTATE INFORMATION NETWORK, INC.
(“TREND”) GRANTING YOU ACCESS TO trendmls.com, YOU AGREE TO THE FOLLOWING:
Introduction
www.trendmls.com is owned and operated by The Delaware Valley Real
Estate Information Network, Inc. ("TREND") which has a principal place of
business at 660 American Avenue, Suite 203, King of Prussia, PA 19406.
Non-members of TREND are provided access only to the “public” areas of
trendmls.com, including, without limitation, information on membership, products
offered by TREND, TREND’s e-mail subscription process, industry news articles,
TREND Rules and Regulations, Terms of Use, and Privacy Policy. Access to the
public areas of trendmls.com is provided to enable a non-member to research and
make informed decisions about becoming a Participant or Subscriber member of
TREND and to enable non-member consumers to manage e-mail subscriptions.
Non-members are not provided search access to TREND’s MLS or Realty Records
databases.
Your agreement to comply with the terms, conditions, and notices stated here, as
modified from time-to-time, is a requirement for your access to www.trendmls.com.
TREND refers to these terms, conditions, and notices as “Terms of Use”. TREND
will post amended Terms of Use prominently on our website so that you can always
review what terms and conditions govern your access to www.trendmls.com. Please
check the TREND website at www.trendmls.com at any time for the most current
version of our Terms of Use.
1. Modification of Terms of Use
TREND reserves the right at its sole discretion
to change, modify, add or remove any portion of this Terms of Use Agreement at
any time without liability, and such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given
by any means including, without limitation, posting on the site. You should
regularly review the Terms of Use to remain familiar with the provisions. Any
use of the site by you after posting of any changes, modifications, additions or
deletions shall be deemed to constitute acceptance of such changes,
modifications, additions or deletions.
2. Service and Features
TREND may change, suspend or discontinue any aspect of
the service provided at this website at any time without notice or liability,
including without limitation, the availability of any feature, database or
content, hours of availability, and equipment needed for access or use of the
site. You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the site
and all charges related thereto.
3. Copyright
www.trendmls.com contains copyrighted material, trademarks and
other proprietary information, which may include, without limitation, text,
software, photos, video, graphics and sound, including music. All materials
included on www.trendmls.com are protected by all applicable copyright and
trademark laws. All rights are expressly reserved by the applicable copyright
and trademark owner. You may not modify, publish, transmit, display, participate
in the transfer or sale, create derivative works, or in any way exploit, any of
the material, in whole or in part, except as expressly provided by this Terms of
Use Agreement. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written permission
of TREND. In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made and no ownership rights shall
be transferred. Any rights not expressly granted herein are reserved.
4. Trademarks
TREND®, TREND PE, TREND, REALTY RECORDS and TRENDLINK™ are
trademarks, service marks, membership marks, and/or logos of TREND. REALTOR®,
REALTORS®, REALTOR-ASSOCIATE®, the REALTOR® Block "R" logo, REALTOR.com, and
REALTOR.org are trademarks, service marks, membership marks, and/or logos of the
NATIONAL ASSOCIATION OF REALTORS®. All TREND trademarks, service marks,
membership marks and logos appearing on www.trendmls.com are the property of
TREND and all rights in those trademarks, service marks, membership marks and
logos are reserved. All NAR trademarks, service marks, membership marks and
logos appearing on www.trendmls.com are the property of NAR and all rights in
those trademarks, service marks, membership marks and logos are reserved to NAR.
All other trademarks appearing on www.trendmls.com are the property of their
respective owners.
5. Limitations on Use
You agree that you will not use www.trendmls.com, in
whole or in part, for any purpose that is unlawful or prohibited by these Terms
of Use.
a. Permitted Uses of Website Material. You may print or download to a single
computer one copy of the website material available to you on www.trendmls.com
for your own personal non-commercial use.
b. Prohibited Uses of Website Material. You agree that you will not, except as
expressly permitted herein, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, frame in
another Web page, use on any other website, transfer or sell any website
material, including without limitation, software, lists of users, databases or
other lists, provided through or obtained from www.trendmls.com. This means,
among other activities, that you agree not to engage in the practices of “screen
scraping,” “database scraping,” or any other activity with the purpose of
obtaining lists of users or other information. You may not obtain or attempt to
obtain any website material through any means not intentionally made available
or provided for through www.trendmls.com.
c. Prohibited Uses of Site. You agree that you will not use
www.trendmls.com in
any manner which could damage, disable, overburden, or impair www.trendmls.com
or interfere with any other party’s use and enjoyment of www.trendmls.com. You
agree that you will not use the site or any of the services for or in connection
with any of the following activities:
(i) tampering, hacking, modifying, or otherwise corrupting the security or
functionality of the services, interfering with or disrupting the network or
other networks connected to the service, or posting, e-mailing, or otherwise
transmitting any data that contains any software viruses, Trojan horses and/or
any other code, files or programs intended to destroy, disrupt or otherwise
impair a computer’s functionality or the operation of any service;
(ii) chain letters, pyramid schemes or spamming;
(iii) posting, e-mailing, or otherwise transmitting any unlawful, harmful,
harassing, defamatory, libelous, abusive, threatening, vulgar, sexually
explicit, hateful, or otherwise objectionable material of any kind, or any
material that is invasive of another’s privacy or exploits children under 18
years of age;
(iv) spoofing or otherwise impersonating any person or entity, such as another
user or any of our personnel, falsely stating or otherwise misrepresenting your
identity or affiliation, or forging any TCP/IP packet header or any part of the
header information in any e-mail or other posting;
(v) using the services for any fraudulent or illegal purpose, or gathering
personally identifiable information without prior consent;
(vi) violating any applicable local, state, national, or international law; or
(vii) violating these Terms of Use.
6. Privacy
When using certain services that TREND provides through
www.trendmls.com, you may be asked to provide Personally Identifiable
Information about yourself. If you choose to provide Personally Identifiable
Information, you agree to provide true, accurate and complete information and to
maintain such information. You agree to refrain from impersonating or falsely
representing your affiliation with any person or entity. TREND is committed to
maintaining the privacy and security of any and all Personally Identifiable
Information that you provide through www.trendmls.com.
7. Links
www.trendmls.com may contain links to other Internet sites or
resources. TREND is not responsible for the availability of these outside sites
or their content including without limitation any link contained in such
content, or any changes or updates to such content. TREND has not made any
independent investigation to ascertain whether or not the information contained
in any such site is accurate. Provision of a link to such site does not imply an
endorsement by TREND of such site. TREND is not a sponsor, partner, promoter or
publisher of such sites or their content, and expressly disclaims any
responsibility or liability for the content of those sites. You may be subject
to additional and/or different terms of use and privacy policies when you use
linked sites. Before using linked sites or submitting personally identifiable
information to or through these third party websites you should review the
governing terms of use and privacy statements.
The use of BING Maps is also governed by MicroSoft’s Terms of Use and Privacy Policy.
8. DISCLAIMER
USE OF
AND RELIANCE UPON ANY AND ALL INFORMATION PROVIDED BY TREND THROUGH
www.trendmls.com AND TREND E-MAIL IS AT YOUR SOLE RISK. SUCH INFORMATION IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TREND MAKES NO EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF www.trendmls.com
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT TREND WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY. TREND MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS,
ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS
OF SUCH INFORMATION. TREND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
TREND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER
USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE,
INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING
LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR
RELIANCE UPON ANY CONTENT CONTAINED WITHIN www.trendmls.com. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF www.trendmls.com IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH CONTENT. IN NO EVENT WILL TREND BE LIABLE FOR ANY DAMAGES INCLUDING,
WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE ANY CONTENT OR SERVICES
PROVIDED ON www.trendmls.com. IN NO EVENT SHALL TREND'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
10. Indemnification
You agree to indemnify, defend and hold harmless TREND, its officers, directors, employees, agents, participants, subscribers, vendors, contractors, and subcontractors from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site or information contained within the site or related to your violation of this Agreement.
11. General Terms
a. Governing Law and Venue. This Agreement is governed by the laws of the
Commonwealth of Pennsylvania, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts sitting in Montgomery County, Pennsylvania
and/or the Eastern District of Pennsylvania in all disputes arising out of or
relating to the use of www.trendmls.com.
b. No agency. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and TREND as a result of this Agreement,
or the use of www.trendmls.com.
c. Validity. If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the Agreement shall continue in effect.
d. Entire Agreement. Unless otherwise specified herein, this Agreement
constitutes the entire agreement between you and TREND regarding access to and
use of www.trendmls.com and it supersedes any prior or contemporaneous
agreements, communications and proposals, whether electronic, oral or written,
between you and TREND regarding access to and use of www.trendmls.com.
e. Agreement Admissible as Evidence. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
To report violations of these Terms of Use, please send an e-mail to:
support@trendmls.com.