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BY ACCESSING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms and Conditions”).
1. Definitions.
a. “SCWMLS” means the South Central Wisconsin Multiple Listing
Corporation, its employees, officers, directors, and all other persons or entities
affiliated with SCWMLS responsible for creating, maintaining, and publishing the
Site.
b. “Content” means all information or images contained on the Site,
including but not limited to, trademarks, copyrights, advertisements, data, text,
graphics, photos, software and video.
c. “Site” means the Internet site located at the URL address
www.SCWMLS.com.
d. “User” means any person or entity that accesses or uses the Site in
any manner.
2. Limited License for Personal and Non‐Commercial Use Only; Printing of Site
Content. The Content of the Site is copyrighted by the SCWMLS or other persons and
entities that provide information to the Site. Users of the Site are granted a limited
nonexclusive license to use the Site and its Content for personal use but not for any other
use including political or commercial use. User’s may not use any Content which identifies
SCWMLS or other persons, their mailing addresses, telephone numbers or e‐mail addresses
except for the sole purpose of seeking or generating referrals or initiating relationships for
the purpose of obtaining brokerage or related services without advance written approval of
the SCWMLS. Subject to the restrictions above, Users may print or copy Content from the
Site that is copyrighted or owned by SCWMLS provided that such copies are not modified or
revised in any manner and include proper notices indicating that the Content is copyrighted
or owned by the SCWMLS (such as “Copyright [Insert Year] South Central Wisconsin
Multiple Listing Corporation”). In addition, any Content which comes from pages of the Site
that contain disclaimers must be printed or copied with the disclaimer included in its
entirety. In the event a User wishes to print Content from the Site, or other sites linked to or
from the Site, that is copyrighted or owned by a person or entity other than the SCWMLS,
the User must obtain permission from the appropriate owner to do so. Except as permitted
in These Terms and Conditions, Content may not be reproduced, sold, transferred, modified,
redistributed, retransmitted, published, or exploited for any purpose without the express
written permission of the SCWMLS or appropriate owner of the information.
If you would like to use or reprint Content from the Site for purposes other than those
permitted in the Terms and Conditions, please send a request to the SCWMLS. Please
include in your request as much information as possible including your intended use of the
Content. If you would like to republish the content in an article or publication, please
indicate the title and byline of the article and the publication it will appear in. In order for
requests to be considered, all requests must include your name, address, phone number and
email.
3. Linking to and Framing the Site. Users who create links to any page of the Site may
not “frame” any page of the Site for any purpose without the express written consent of the
SCWMLS.
4. Links to Third Party Sites; Accuracy of Content on Linked Sites. Links to other sites
operated by independent, third parties exist on the Site. While the SCWMLS provides these
links as a service to Users, the SCWMLS does not control these linked sites and the SCWMLS
is not responsible for the content contained on these sites. Unless otherwise indicated, the
SCWMLS does not endorse, approve, or otherwise warrant the accuracy of any information
or content contained on a linked site. User agrees that the sites, including information,
material, products and services therein, shall be used solely at the User’s own risk.
Furthermore, because the SCWMLS privacy policy is applicable only when you are on our
Web site, once linked to another Web site, you should read that site’s privacy policy before
disclosing any personal information. If you are unsure if have moved to another site, check
the Uniform Resource Locator (URL) address provided in your WWW browser.
5. Posting Material To Site.
a. By posting material to the Site, you warrant and represent that you
either own or otherwise control all of the rights to the material, including without
limitation, all the rights necessary for you to provide, post, upload, input, or submit
the material, or that your use of the material is a fair use. You agree that you will
not knowingly and with intent to defraud provide material and misleading false
information. You represent and warrant also that the material you supply does not
violate these Terms and Conditions, and that you will indemnify SCWMLS, its
subsidiaries, affiliates, officers, employees, and agents, harmless for any and all
claims resulting from material you supply.
b. By posting material to the Site, you grant SCWMLS, its subsidiaries,
affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable,
worldwide sub licensable, royalty‐free license to use, store, display, publish,
transmit, transfer, distribute, reproduce, aggregate your material with other
content, create derivative works of and publicly perform that content for any
purpose on and through each of the services provided by the Site. This license shall
apply to the distribution and the storage of your content in any form, medium, or
technology now known or later developed.
6. Additional Terms and Conditions Regarding Information and Advice. Due to the
rapidly changing nature of the real estate marketplace and the law, and our reliance on
information provided by outside sources, we make no representation, warranty or
guarantee that the accuracy of the Content has been verified by the SCWMLS or that the
Content at the Site, or at other sites to which we link, is accurate or reliable. Any legal or
other information found at the Site, or at other sites to which we link, should be verified
before it is relied upon.
7. Modification of Terms and Conditions. The SCWMLS reserves the right, in its sole
discretion, to modify or revise these Terms and Conditions at any time without giving notice.
The modifications shall be effective immediately upon posting of the modified Terms and
Conditions. Accordingly, User agrees to review the Terms and Conditions periodically, and
User’s continued access or use of Site shall be deemed User’s acceptance of the modified
Terms and Conditions.
8. Disclaimer Regarding Warranties. The Site and the information, software and other
material available on or accessible from the Site is provided on an “AS IS” and “AS
AVAILABLE” basis and, to the maximum extent permitted by applicable law, without
warranties of any kind, either express or implies, including but not limited to warranties of
title, noninfringement or implied warranties of merchantability or fitness for a particular
purpose. The SCWMLS does not warrant that the site service will be uninterrupted or error
free, that any information, software or other material available on or accessible through the
site is free of viruses or other harmful components, or that any defects will be corrected.
SCWMLS does not guarantee access to or uninterrupted and error free operation of the site.
9. Suspension or Termination of Access. SCWMLS reserves the right, in its sole
discretion, to suspend or terminate a User’s access to the Site for any reason, including but
not limited to, a User’s breach of these Terms and Conditions.
10. Indemnification. User agrees to defend, indemnify and hold harmless SCWMLS from
any and all liabilities, losses, claims, costs, and expenses including, but not limited to,
reasonable attorney’s fees, related to the User’s violation of any term or condition set forth
herein or alleged illegal use of the Site.
11. LIMITATIONS ON LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL SCWMLS, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS,
LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR
OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE
“COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I)
LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE
LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NONPERFORMANCE
OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR
PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO
PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY
PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM
CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF
ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII)
DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO
USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE
SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
EXCEPTION: IF FOR ANY REASON THE LAW DOES NOT ALLOW THE SCWMLS TO LIMIT OR
EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, IT IS AGREED BY
THE USER AND THE SCWMLS THAT THE SCWMLS’S LIABILITY TO THE USER FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE
OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY LEGAL THEORY) WILL
NOT BE GREATER THAN THE AMOUNT THE USER PAID TO ACCESS THE SITE, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND
FITNESS FOR A PARTICULAR PURPOSE.
12. Reservation of Rights. All rights not expressly granted or addressed herein are
reserved by the SCWMLS.
13. Choice of Law; Jurisdiction and Venue. These Terms and Conditions and the
resolution of any dispute related to these Terms and Conditions or the Site shall be governed
by and interpreted according to the laws of the State of Wisconsin (without applying any
applicable conflict‐ of‐law principles). The SCWMLS’s failure to insist upon strict
enforcement of any provision of these Terms and Conditions shall not be construed as a
waiver of any provision or right. In the event a dispute arises between User and SCWMLS
from these Terms and Conditions or use of the Site, such dispute shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in the Western District of
Wisconsin (federal court) or Dane County, Wisconsin (state court).
14. User’s Consent To Be Legally Bound To Terms and Conditions. In consideration of
being allowed to use the Site, you agree to be bound by the terms and conditions of these
Terms and Conditions. Use of the Site in any manner shall constitute your acceptance of
these Terms and Conditions and your assent to be legally bound by these Terms and
Conditions. If you do not agree to be legally bound by all the terms and conditions of these
Terms and Conditions, you are strictly prohibited from accessing and/or using the Site in any
manner.
15. Severability. If any provision of these Terms and Conditions is determined to be
unlawful, void or unenforceable, it will not affect the validity and enforceability of any
remaining provisions.
16. Designated Copyright Agent. If you believe that your intellectual property rights
have been violated by SCWMLS or by a third party who has uploaded Content on our Site,
please providing the following information to the SCWMLS‐designated copyright agent listed
below:
a. A description of the copyrighted work or other intellectual property
that you claim has been infringed.
b. A description of where the material (including URL if possible) that
you claim is infringing is located on the site.
c. Your address, telephone number and an e‐mail address.
d. A statement from you that you have a good faith belief that the
disputed use is not authorized by the copyright or other intellectual property rights
owner, by its agent or by law.
e. A statement by you under penalty of perjury that the information in
your notice is accurate and that you are the copyright or intellectual property owner
or are authorized to act on the owner’s behalf.
f. Your electronic or physical signature.
Our Copyright Agent for Notice of claims of copyright infringement is Patty Stuard.
By mail:
Patty Stuard
SCWMLS
4801 Forest Run Road, Suite 101
Madison, WI 53704
By e‐mail: patty@wisre.com