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Terms of Agreement and Rules of MLS International

Please read this Terms of Use Agreement and Rules before finishing your registration as they significantly define your rights and duties pertaining to your membership for MLS International.

Effective Date: This Terms of Use Agreement was last updated on April 24, 2007

This Terms of Use Agreement and Rules of MLS International sets forth the standards of use and rules of the MLS International Online Service. By using the MLS International website you agree to these terms and conditions. If you do not agree to the terms, conditions and rules of this agreement, you should immediately cease all usage of this website. MLS International reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the MLS International website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.

In order to use this service and to become a member, I agree to the following:

I agree that should I cease to be a Professional Real Estate Agent or Active Developer, if registered as one, or if I cease to be a qualified Affiliate, if registered as one, I will discontinue use of the membership data base of MLS International and cease to use any and all medium associated with that membership and notify MLS International immediately.

By becoming and remaining a member, I agree to abide by the Constitution, Bylaws, Code of Ethics and any other rule as from time to time amended by any of the professional associations that I belong to and/or are required of by of any governing authority of my license.

I understand and agree that by becoming and remaining a Member to the MLS, I agree to abide by the MLS rules, as from time to time amended, including but not limited to the following:

A. I agree not to use the MLS data for any purpose other than to market property or support market valuations or appraisals as specifically set forth in the rules.

B. I agree not to reproduce any portion of the active listings unless specifically authorized under the rules.

C. I agree not to download MLS data except as provided in the MLS rules.

D. I agree not to transmit the information to any other person not authorized to access the system by the rules. I agree not to use the MLS to create another product except as may be used by the Member who downloaded the data in compliance with the MLS rules.

E. I agree I will not give or sell my password to any person nor make it available to any person. I further understand that the United States, Mexican and International Laws prohibit unauthorized access to computer data bases. I agree not to allow such unauthorized access by use of either any of my equipment or pass codes.

F. I understand that the clerical users I have allowed may be authorized to have limited access to the MLS for clerical support only. I understand that clerical users are not allowed to use the information in any way other than to provide such information to me. I further understand that any violation by a clerical user employed by me, under contract to me or used by me is my responsibility and can result in ultimate termination of MLS services to me.

G. The security of homeowners depends on my responsible use of the program. I will not lend or make available my password to any person, even if an authorized MLS user in a negligent manner. I further understand that MLS International can incur costs in securing this system if I fail to take adequate measures to protect my personal information. I agree to be responsible for these costs.

H. I understand and agree that the above statements are in addition to the MLS rules below, to which I have also agreed. Violation of any MLS rule may result in ultimate termination of my service.

In addition to that, if my actions cause damage to MLS International, it may pursue its legal remedies against me to recover such damages as well as recovery of attorney fees as awarded by a court of law.

NO REFUND: I understand that my dues are non-refundable in any situation. In the event I fail to maintain eligibility for membership for any reason under the MLS rules, I understand I will not be entitled to a refund of my dues.

AUTHORIZATION TO RELEASE AND USE INFORMATION AND WAIVER: I authorize MLS International or its representatives to verify any information in this application including contacting any Board/Assoc./MLS, the DRE, current or past broker or business associates, state or federal agencies of any country and all matters of public records. I further authorize any Board/Assoc./MLS, DRE, current or past broker or business associates, state or federal agencies of any country in which I have been a member or MLS Participant or Subscriber to release all membership and disciplinary records to MLS International to which I am applying. I further authorize MLS International to use this information in determining my acceptance and future service. I waive any cause of action including, but not limited to, slander, libel or defamation of character resulting from such verification, evaluation or other processing of this application or use of the information gathered by MLS International, their agents or employees in determining my eligibility for membership.

DEFINITION OF MLS International and Users:

MLS International operates a Multiple Listing Service (“MLS”). An MLS is a facility for cooperation of licensed and/or actively practicing real estate agents, operating through an intermediary, MLS International, which does not itself act as an agent or appraiser, by which real estate agents, pursuant to the Rules of MLS International (“MLS Rules”), establish express or implied legal relationships with respect to listed properties, for the orderly accumulation, correlation and dissemination of listing information among Members, and which may be used by agents, appraisers and others within the real estate profession to market and to prepare market evaluations and appraisals of real property.

Member: A Member is any individual who applies and is accepted by MLS International meets and who continues to meet all of the following requirements:

  1. the individual, or corporation for whom the individual acts as a broker/officer, holds authorization recognized by MLS International that has been verified by MLS International as a practicing real estate agent.
  2. the individual is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal recognized by MLS International
  3. the individual or corporation for which the individual acts as a broker/officer is capable of offering and accepting compensation in the capacity of a real estate agent as recognized by MLS International
  4. the individual has agreed to this written agreement to abide by the Rules of the Service in force at that time and as from time to time amended;
  5. the individual pays all applicable MLS dues

A Member shall have full access to MLS International Search, Listing and Contact functions.

Affiliate: An Affiliate is any individual who applies and is accepted by MLS International meets and who continues to meet all of the following requirements:

  1. the individual holds a valid appraiser’s certification or license as recognized and verified by MLS International.
  2. the individual is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal participating in real estate transactions as recognized and verified by MLS International,
  3. the individual has agreed to this written agreement to abide by the Rules of the Service in force at that time and as from time to time amended;
  4. the individual pays all applicable MLS dues

An Affiliate shall have full access to MLS International Search and Contact functions.

Clerical Users. Clerical Users are individuals (whether licensed or unlicensed) employed by or under contract to an MLS Member or Affiliate and who performs administrative and clerical tasks which do not require a real estate license or receive compensation directly from real estate transactions. Clerical Users may have access to MLS information solely under the direction and supervision of the Member. Clerical Users may not provide any MLS information to persons other than the Member by whom they are employed or under contract to. Access by Clerical Users to the database is solely for clerical and administrative functions for the Member by whom the Clerical User is associated with.

A Clerical User may have full access to MLS International Search, Listing and Contact functions under the direct supervision of their employer.

MLS International Rules:

1. MLS International Dues:

Members shall pay to MLS International a monthly service fee of $35.00 U.S. via submitted credit card information and authorization on an automatic withdrawal base.

Affiliates shall pay to MLS International a monthly service fee of $25.00 U.S. via submitted credit card information and authorization on an automatic withdrawal base.

Denial of an automatic withdrawal from an accepted credit card may result in a courtesy phone call from MLS International requesting a new billing card. Failure to pay monthly dues will result in termination of service and membership.

2. Listing Procedures

Any listing filed with MLS International is subject to these rules.

A. Type of Listings; Responsibility for Classification. MLS International shall accept exclusive or open listings as defined in customary real estate transactions that satisfy the requirements of these Rules. Exclusive right to sell listings that contain any exceptions whereby the owner need not pay a commission if the property is sold to particular individuals shall be so noted on the private comments section within the listing. It shall be the responsibility of the Member to property classify the type of listing, and if necessary, obtain a legal opinion to determine the correct classification. By classifying the type of the listing, the listing member certifies that the listing falls under the classification designated. The MLS shall have no affirmative responsibility to verify the listing type of any listing filed within the service. However, the MLS shall have the right to make a determination as to the classification of the listing type and if the listing agent does not reclassify it accordingly, the MLS shall have the right to reject or remove any such listing that it determines falsely represents the classification of listing type.

B. Types of Properties; Responsibility for Classification. The MLS shall accept listings that satisfy the requirements of these Rules on the following types of property:

  • Residential
  • Condominium
  • Mobile Home in Park or On Land
  • Income Units 2-10
  • Ranch or Agriculture Land
  • Vacant Land/Acreage for SFR
  • Vacant Land/Acreage for Commercial/Development Use
  • Commercial/Industrial, Including Residential 11+ Units
  • Business Opportunity

It shall be the responsibility of the Member to properly classify the type of property listed, and if necessary, obtain a legal opinion to determine the correct classification. By classifying the type of property listed, the Member certifies that the listing falls under the classification designated. The MLS shall have no affirmative responsibility to verify the property type of any listing filed with the Service. However, the MLS shall have the right to make a determination as to the classification of the property type and if the Member does not reclassify it accordingly, the MLS shall have the right to reject or remove any such listing that it determines falsely represents the classification of property type of the listing.

C. Change of List Information. Members shall input any change in listing information, including the list price or offering status, within two (5) business days after the authorized change is received by the Member. By inputting such changes to the MLS, the Member represents that the listing agreement has been modified in writing to reflect such change or that the Member has obtained other legally sufficient written authorization to make such change.

Member agrees to update listings upon any change of status within five (5) business days of status changing.

Violation of this subsection may result in termination of membership.

D. Reporting of Sales. Final sales shall be defined as recorded transfers of title of property and/or when funds are disbursed via a neutral third party to all parties within the transaction. Final sales with the correct and accurate closing information shall be inputted to the MLS by the listing Member within five (5) business days of the final closing date.

The Member expressly agrees not to use Expired or Withdrawn statuses to substitute a Sold status. Violation of this subsection may result in termination of membership.

E. Withdrawal of Listing Prior to Expiration. Listing of property may be withdrawn from the MLS by the listing agent before the expiration date of the listing agreement provided the listing agent has received written permission from the seller to withdraw the listing. The MLS may require the listing broker to provide a copy of such written permission. Sellers do not have the unilateral right to require the MLS to withdraw a listing without the listing agent’s concurrence. However, the MLS reserves the right to remove a listing from the MLS data base if the seller can document that his or her listing agreement with the listing broker has been terminated or is invalid. Withdrawal of a listing means that the listing agreement is cancelled.

Violation of this subsection may result in termination of membership.

F. Unilateral Contractual Offer. In filing a property with the MLS, the Member makes a blanket unilateral contractual offer of compensation to the other Members for their services in selling the property. Provided, however, that in the event the gross commission established in the listing contract is subject to court approval or to lender approval in the event of a short sale, the compensation payable to cooperating brokers may be reduced if the gross commission established in the listing contract is reduced by a court or by a lender. In such instances, the fact that the gross commission is subject to court or to lender approval and either the potential reduction in compensation payable to cooperating agents or the method by which the potential reduction in compensation will be calculated must be clearly communicated to potential cooperating agents prior to the time they produce an offer that ultimately results in a successful transaction. In offering compensation to be paid the offer of compensation must be stated in one, or a combination of, the following forms (1) a percentage of the gross selling price; or (2) a definite dollar amount in the private comment section of the listing form.

If there is no offer of compensation, the Member must state so in the private comment section of the listing input form at the time of initial submission.

G. Accuracy of Information. By inputting information into the MLS computer data base, the Member represents that the information on the property profile sheet and input has been furnished by seller or other sources, has been verified by the listing broker or Member, and that all interested persons should independently verify the accuracy of such information. The Member shall not submit or input information, which the Member knows to be inaccurate. Upon receipt of the first publication or electronic transfer by the MLS of such information, the Member shall make all necessary corrections. The MLS merely publishes the MLS information and has no affirmative responsibility to verify the accuracy of the MLS information. The MLS, however, reserves the right to require Members to change their MLS information if the MLS is made aware of alleged inaccuracies in the MLS information and the MLS determines that such inaccuracies do in fact exist. If a Member fails to make necessary or required corrections to their MLS information, the Member shall indemnify and hold harmless MLS International any claims, costs, damages or losses, including reasonable attorney fees and court costs, incurred by MLS International as a result of such failure. In no event will MLS International be held liable to any Member, Affiliate or user of services or any other person for any indirect, special or consequential damages arising out of any information published in the MLS and all other damages shall be limited to an amount not to exceed a one month fee paid by the Member for inputting the listing to the MLS.

3. Solicitation of Listings Filed With the MLS. The purpose of this rule is to encourage sellers to permit their properties to be filed with MLS International by protecting them from being solicited through unwanted phone calls, visits or communication, prior to the expiration of the listing by Members seeking the listing upon expiration, and to encourage Members to participate in the Service by assuring them that other Members will not attempt to persuade the seller to breach the listing agreement or to interfere with the listing broker’s attempts to market the property.

A general telephone canvass, general mailing or distribution addressed to all prospective clients in a given geographical area or in a given profession, business, club or organization or other classification or group shall not constitute a violation of this rule.

The following two basic types of solicitations are considered a violation of this rule:

  1. telephone or personal solicitation of property owners who have been identified by a real estate sign, MLS Compilation, or other information service as having exclusively listed their property with another Member and
  2. mail or other forms of written solicitations of prospective clients whose properties are exclusively listed with another Member when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, “for sale” or “for rent” signs, or other sources of information

Violation of this rule may result in termination of membership.

4. Misuse of Remarks. Members may not use the remarks in a property data profile sheet or listing submitted to the MLS or loaded directly into the MLS data base for purposes of disparaging other real estate agents or conveying information about other offices or for conveying any other information that does not directly relate to the marketing of the listing.

Violation of this rule may result in termination of membership.

5. False or Misleading Advertising and Representations. Members may not engage in false or misleading advertising, including, but not limited to, advertisements or representations regarding the Members relationship to the Service, about the Service itself, or about any property listed with the Service.

Violation of this rule may result in termination of membership.

6. Reproduction and Downloading Data: Members may reproduce from the MLS International Public Search Site compilations, and distribute to prospective purchasers or sellers hard copies of those portions consisting only properties available on the MLS International Public Search site. Prospective sellers may not be in possession of MLS International Member site sold information produced directly from the site, without direct supervision from the providing Member.

The Member shall not distribute any data or compilations from the Member site unless prior written consent is obtained from the listing Member.

Members and Affiliates may reproduce from the MLS Compilation, and attach to an appraisal as supporting documentation, copies of those portions of the MLS Compilation consisting only of such information on properties necessary to support a written appraisal or opinion of value on a particular property.

Participants and Subscribers may download MLS information into a computer system as long as:

  1. access to the computer or computer system receiving the information is strictly limited to the Member or Affiliate and their Clerical Users as defined in these Rules; and
  2. the information is only retransmitted to the Members or Affiliates and Clerical Users authorized to access the system by these rules; and
  3. the information is not reformatted or used to create another product

Clerical Users are expressly prohibited from reproducing and distributing MLS information to anyone other than the Member they are associated with.

Violations of this rule may result in termination of membership.

7. Use and Confidentiality of MLS Information. In recognition that the purpose of the MLS is to market properties and offer compensation to other Members for the sole purpose of selling the property, Members are expressly prohibited from using MLS information for any purpose other than to market property or to support market evaluations, opinions or appraisals as specifically allowed by these rules.

Any information provided by MLS International to the Members shall be considered and treated as confidential by Members and shall be for the exclusive use of the Members. Members shall at all times maintain control over and responsibility for their own personal password and log in information, and shall not distribute any such information.

Violation of this rule may result in termination of membership.

8. Limitation of Liability. All access to MLS International furnished or permitted under these MLS Rules is furnished without warranty of any kind, either express or implied, and all such warranties, including without limitation the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed.

MLS International and/or its Contractors will not be responsible for the interruption of, interference with, lessening of or suspension of any of the services or access to the system or to information to be provided hereunder if caused by strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God or material shortages, failures, malfunctions or inadequacies of equipment or software provided by MLS International and/or it’s Contractors.

In no event will MLS International and/or its Contractors be liable to Members, Affiliates or any and all other users for any indirect, special or consequential damages, including without limitation, any loss of profits or loss of revenues arising out of or in connection with the use or performance of the system operation or other services furnished by MLS International and/or its Contractors.

By accessing, browsing and/or using this Internet site ("Site"), Member acknowledges that Member has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If Member does not agree to all of these terms, Member is not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.

All real estate data provided on this Site is not made available for redistribution, retransmission, reformatting, modification or copying. Member may not sell or use any of the real estate data on this Site for any purpose other than marketing, listing, attempting to evaluate houses or properties for sale or purchase. Member acknowledges that the real estate data on this Site is provided by MLS International Services, Inc. a Wyoming corporation, and Member acknowledges the validity of MLS International’s copyright as to such data. Member expressly acknowledges and agrees that MLS International Services, Inc. is a beneficiary of these Terms of Use, and that MLS International will be entitled to enforce these Terms of Use against User.

To the fullest extent permitted by U.S., Mexican and/or International law, the data on this Site is provided "as is," without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains.

NEITHER A MEMBER NOR MLS INTERNATIONAL MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.

MLS INTERNATIONAL SHALL NOT BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY IN U.S., MEXICAN OR INTERNATIONAL COURTS OF LAW.