Last revised: February 15, 2019
1. Acceptance of Terms.
By accessing or viewing the OKCMAR Website, you: a) acknowledge that you have read and understood this TOU; b) accept and agree to be bound by this TOU, c) represent you are authorized to enter into this TOU; and d) acknowledge that this TOU constitutes a binding contract between OKCMAR and you. The Website and Services are not intended for use by individuals under the age of 18. By using the Website, you represent and warrant that you are at least 18 years of age, or over the age of majority in your jurisdiction.
2. License and Restrictions.
OKCMAR hereby grants to you a limited, royalty-free, non-transferable, nonexclusive revocable license to access and use the Services, the Website, and any information contained on the Website, including without limitation any text, photographs, drawings, graphics, software, codes, audio, video or other materials (collectively, the “Content”).
You understand you are prohibited from:
- commercially exploiting, decompiling, creating derivative works of, disassembling, transmitting, reproducing, modifying, translating, copying, selling, distributing, performing or publishing this Website, the Content, or Services;
- using the Website, Content and/or Services to create a substantially similar product or service competitive with the Website or Services;
- uploading or distributing via the Website or Services any viruses, Trojan horses, worms, bots, spiders, scrapers or any other malicious software, program, script, algorithm, methodology, or similar process;
- using the Website or Services to send unsolicited bulk or commercial email (“spam”), junk mail, or other unwanted, harassing, or solicitous communications;
- sending, publishing, displaying, or using any Content or other material made available through this Website, Content, and/or Services in any manner that may infringe the proprietary or other rights of OKCMAR or any third-party;
- using the Website, Content, and/or Services to advertise to buy or sell any good or service; and/or
- using the Website, Content, and/or Services for any unlawful, obscene, defamatory, threatening, harassing, abusive, or otherwise objectionable purpose, as determined in OKCMAR’s sole discretion.
3. Intellectual Property Rights.
(a) The Website, Content, and Services are protected by copyright, trademark, trade secret, and other intellectual property laws and shall at all times remain the exclusive property of OKCMAR, its affiliates, and licensors. You acknowledge you only receive a license to use the Website, Content, and Services and do not acquire any interest therein. You agree not to claim any right or interest in the Website, Content, and/or Services, or dispute any of OKCMAR’s rights or interests therein.
(b) You agree to abide by and not to remove, modify, or obscure any copyright or other proprietary rights notices and usage restrictions on the Website, Content, or Services, or on any copies or versions thereof.
(c) The OKCMAR name, logo, product, and/or service names, brand, and other marks are the trademarks of OKCMAR (collectively, the “Trademarks”). You may not use the Trademarks for any purpose, including without limitation to suggest OKCMAR endorses or supports you, your business, or your products/services without the express written permission of OKCMAR.
5. Confidentiality and Non-Assignability of Login.
Access to portions of the Website and/or Services, including without limitation the MLS system login portal, may require a User-specific login and/or password (a “Login”). The Login shall not be used by or transferred to any other person or entity for any reason. Your Login is strictly confidential and shall not be shared with any parent company, franchisor, affiliate, agent, employee, co-worker, or other third party. You are prohibited from using any other user’s Login to access the Website or Services.
In the event of any unauthorized account activity, loss, theft, or unauthorized disclosure or use of your Login, or other breach of security, you shall immediately notify OKCMAR at the contact information provided in the “Notice” section of this TOU. You are responsible and liable for all activity on your account, regardless of whether such use was authorized by you. Any portion of the Website and/or Services accessible only through your Login shall be kept in strict confidence.
You represent and warrant you:
- are authorized to execute this TOU;
- will only use the Website and Services for lawful purposes in conjunction with your ordinary real estate-related business activities;
- will not use any robot, spider, software, routine, or other automatic or manual device or process to scrape portions of the Website or to interfere or attempt to interfere with the proper working of the Website or Services;
- will not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass e-mail or junk mail); and
- will not link to the Website in any manner that would bypass the Website’s home page and will not “frame” the Website or any portion thereof.
7. Third Party Links.
If you purchase a product or service from a Third-Party Site, the terms of such purchase are between you and the provider of the Third-Party Site. OKCMAR does not represent or warrant any third-party products, services, or promotions available through Third-Party Sites and OKCMAR specifically disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a Third-Party Site.
OKCMAR MAKES NO REPRESENTATION THAT THE WEBSITE, CONTENT, OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR STATE. OKCMAR FURNISHES THE WEBSITE, CONTENT, AND SERVICES “AS IS”, “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OKCMAR DISCLAIMS ANY WARRANTY, REPRESENTATION, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE QUALITY, PERFORMANCE, RELIABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, OR NONINFRINGEMENT OF THE WEBSITE, CONTENT, AND/OR SERVICES. OKCMAR DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE WEBSITE MAY BE INTERCEPTED BY THIRD PARTIES. ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND/OR SERVICES IS AT YOUR OWN RISK.
9. Limitation of Liability.
YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OKCMAR’S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY TO YOU IS THE AMOUNT PAID BY YOU TO OKCMAR FOR USE OF THIS WEBSITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless OKCMAR, its officers, directors, shareholders, employees, members, consultants, agents, affiliates, licensors, and suppliers from any and all third party claims, liability, damages, expenses and/or costs (including, but not limited to, attorneys’ fees) arising from: (a) your use of or reliance on the Website, Content, and/or Services, or any derivatives thereof; (b) your breach of these Terms; or (c) your violation or non-compliance with any law or regulation. OKCMAR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of OKCMAR.
You acknowledge and agree that in the event of any breach of these Terms, OKCMAR may be irreparably and immediately harmed. Without prejudice to any other rights or remedies otherwise available to OKCMAR, OKCMAR shall be entitled to seek equitable relief by way of injunction to prevent any breach of these Terms or any unauthorized use of the Website, Content, and/or Services, and to compel specific performance of the provisions of these Terms, without need for proof of actual damages and you agree not to oppose OKCMAR’s right to seek such relief. You agree to waive, and to cause your representatives to waive, any requirement for the securing or posting of any bond in connection with such remedy. You also agree to reimburse OKCMAR for all reasonable costs and expenses, including reasonable attorney’s fees, incurred by OKCMAR in successfully enforcing your obligations hereunder.
Any notices shall be sent by certified mail or other reliable service to OKCMAR at:
Oklahoma City Metropolitan Association of REALTORS®, Inc.
3131 Northwest Expressway
Oklahoma City, OK 73112
or to you at the e-mail address you provided to OKCMAR during your use of the Website and/or Services, or such other address as either party may specify in writing. Notice shall be effective three (3) days after it is submitted to the postal or courier service for delivery or one (1) day after the e-mail is sent.
You may discontinue use of the Website at any time. OKCMAR may issue a warning, immediately limit, suspend, disable, discontinue, or terminate your access to the Website and/or Services at any time without notice or liability to you. If OKCMAR terminates your access, you will no longer be authorized to access the Website, Content, and/or Services.
15. No Professional Advice.
You acknowledge and understand the Website and Services are provided for information purposes only and do not constitute legal, accounting, employment, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the Website and/or Services.
OKCMAR may modify, alter, remove, or add to portions of the Website and/or Services at any time without prior notice to you. These Terms may be modified with or without notice by OKCMAR at any time by posting the new Terms here with the new effective date. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the Website and/or Services after any modification to this TOU shall constitute your acceptance and agreement with such modification. If you do not agree with such modification, you must immediately stop using the Website and Services.
OKCMAR may change, suspend, disable, or discontinue any aspect of the Website or Services at any time, including, but not limited to, Content, services offered, products offered, database, hours of availability, and equipment needed for access or use without notice or obligation to you. OKCMAR may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
17. Reservation of Rights.
All rights not expressly granted in this TOU are reserved by OKCMAR.
18. Governing Law.
This TOU shall be governed by and construed in accordance with the laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule.
19. Arbitration; Class Action Waiver.
You agree that all disputes between you and OKCMAR arising out of or relating to this TOU, your use of the Website or Services, or your rights of privacy will be resolved by binding arbitration conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. You hereby expressly waive your right to file a lawsuit or have a trial by jury. Arbitration shall be conducted in Oklahoma County, Oklahoma, by a single arbitrator. Any cause of action you may have under this TOU must be commenced within one (1) year after the claim or cause of action arises.
By accessing and using the Website and/or Services you agree any claims you bring against OKCMAR will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate.
Nothing in this section shall limit OKCMAR’s right to seek injunctive relief.
Waiver by OKCMAR of any breach of any provision of this TOU by you shall not operate or be construed as a waiver of any subsequent or other breach by you.
OKCMAR may assign its rights under this TOU in connection with a merger, consolidation, acquisition, or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this TOU without the prior written consent of OKCMAR, which may be withheld in OKCMAR’s sole discretion.
22. Electronic Signature.
You acknowledge and understand that the affirmative act of using the Website or Services or clicking to accept this TOU constitutes your electronic signature to this TOU. You acknowledge other legal documents available through the Website and/or Services may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.
23. Digital Millennium Copyright Act (DMCA) Notices.
Pursuant to the Digital Millennium Copyright Act (DMCA) Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to OKCMAR in accordance with OKCMAR’s DMCA Statement. You can access our DMCA Statement by clicking here.
You acknowledge that nothing in these Terms or in the relationship created herein shall be construed as a joint venture, partnership, employment, third-party beneficiary, or principal/agent relationship.
25. Severability and Entire Agreement.
26. Contact Us
Oklahoma City Metropolitan Association of REALTORS®, Inc.
3131 Northwest Expressway
Oklahoma City, OK 73112
Phone: (405) 840-1493
Fax: (405) 841-5332