(Last Modified on November 8, 2011)
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS RELATING TO YOUR ACCESS AND USE OF THIS SITE CAREFULLY.
operated by Metrolist, Inc., a Colorado Corporation (“Metrolist”). This is a
legally binding contract between you and Metrolist, and governs your use of the
Metrolist Marketplace, and any related web sites. You should consult an
attorney if you do not understand it. These
you do not accept these terms in their entirety and without modification, you
are not permitted to use this site.
not apply to your use of unaffiliated websites of any other companies,
organizations or individuals or to which this Site links. ("Other
By using this Site,
its subsidiaries, members, business affiliates and suppliers ("we"
"us" or "our") make the information, products, and services
provided on this Site available to you, conditioned on your acceptance without
time. You should check these Terms and Conditions periodically for changes. By
using this Site after we post any changes to these Terms and Conditions you
agree to accept those changes, whether or not you have reviewed them. If you
choose not to accept these Terms and Conditions at any time, do not use this
In addition to any
following promises to Metrolist in return for Metrolist granting you access to this
- You represent and warrant that you are
18 years of age or older.
- You represent and warrant that all the
information you may provide will be true and accurate to the best of your knowledge.
- You acknowledge that Metrolist is not a
real estate broker and does not offer real estate brokerage services.
3. Disclaimer Regarding Links
are not responsible for the availability of any Other Site or information to
which this Site links. Please direct your concerns to that Other Site's
webmaster or appropriate contact.
4. Intellectual Property Rights Ownership
otherwise noted, all rights, title and interest in all information in any
medium now known or hereafter discovered including, but not limited to,
screens, texts, user names, passwords, Web pages, or other materials
(collectively “Information”) appearing in and on this Site are the exclusive
property of Metrolist. Metrolist shall have the right to license any
on, this Site to any entity pursuant to terms agreed upon by Metrolist.
acknowledge that all content on or provided through this Site in any medium now
known or hereafter discovered, including, but not limited to software, images,
illustrations, audio clips, and video clips (collectively “Content”), is
protected by copyrights, trademarks or service marks and other intellectual
property rights which are owned and controlled by Metrolist or by third parties
that have licensed their Content or the right to market and sell their
products, services, or both to Metrolist. Such Content may not be copied,
reproduced, republished, uploaded, posted, transmitted, distributed or exploited
in any way, without proper license agreements.
5. User generated content
You grant to
Metrolist a non-exclusive, world-wide, royalty-free, perpetual, irrevocable
license to reproduce, distribute, display, perform, and create derivative works
and compilations of, the content you post on this site, including ratings,
reviews, or any other content you post to this site or to which you direct
other Users (“User Generated Content”). This license applies to Metrolist’s use
of your content on the Internet, and in any other medium now known or
discovered in the future. You grant Metrolist the right to sublicense these
rights to others, and to grant others the right to sublicense these rights.
responsibility for all User Generated Content you post to this site. You
represent and warrant that any content you post to this site will meet the
- You have the
right to use, reproduce, display and link to it, and the right to grant to
- It is true and
accurate to the best of your knowledge.
- It is not
illegal, obscene, offensive, or infringing on any rights of any third
party (including intellectual property, privacy, and contract rights).
- It is does not
contain “malware” or any other type of virus or invasive software or code,
or links to such code.
- It is not a
commercial solicitation (except as expressly permitted in these Terms of
Use) and does not constitute “spam” or any other communication unrelated
the right to remove any User Generated Content.
6. Use Restrictions
using this Site you warrant to Metrolist that you will not use this Site for
violation of any of these prohibitions automatically terminates your right to
use this Site, and you are on notice that we intend to pursue our legal
remedies for any violation. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any Information or Content, except as expressly permitted in
You may not do any of
the following while using this Site:
- Post false,
inaccurate, misleading, or defamatory content on this Site.
- Violate any laws
or third party rights.
- Use this site at
all if you are under the age of 18 or are legally incapable of forming
- Transfer your
user account to any other person or entity, or provide your user ID and
password to anyone else without Metrolist’s written permission.
- Gather, or attempt
to gather, by any automated means, including but not limited to “screen
scraping” or “database scraping,” any content from this site.
7. Limitation of Liability; Warranties; Indemnification
You agree not to hold
Metrolist liable for your use of third-party products, services, or both
acquired through this site. You also agree not to hold Metrolist liable for the
actions, failures to act, or statements of anyone else, including any posts or
reviews they make on this site. Your use of the Information and Content
provided here are used at your own risk and you agree not to hold Metrolist
liable for your reliance on any information on this site, whether provided by
Metrolist, another user, a Provider, or otherwise. Under no circumstances shall MEtrolist (or its employees, officers,
directors, and affiliated companies) be liable to you or anyone else for any
indirect, incidental, special, consequential, Exemplary, or punitive damages
that result from the RELIANCE, use of, or inability to use this site, the
Content on it, Or THE PRODUCTS, SERVICES, OR Both PROVIDED THROUGH IT. iN no
event shall THE MAXIMUM AGGREGATE LIABILITY OF METROLIST to you FOR DAMAGES AND
COSTS ARISING OUT OF THIS AGREEMENT EXCEED $100.
the extent permitted by law, Metrolist excludes and disclaims all implied
metrolist provideS This site and CONTENT
it on an “as is,” “as available” basis. METROLIST makes no warranty as to the
accuracy, completeness, currency, or reliability of statements on it. you are
advised that factual material on this site 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. Futher, you are advised that
comments on this site represent the views of the poster, and metrolist does not
endorse the views or the validity of any factual statements.
To the extent permitted by law, Metrolist excludes and disclaims all implied
warranties for products or services offered through this site. metrolist provideS products and services on an
“as is,” “as available” basis. METROLIST makes no warranty as to the
performance of any products. you are advised that you use any products or
services at your own risk.
release METROLIST (and its employees, officers, directors, and affiliated
companies) from any claims and damages of any kind, arising from the actions of
other users of this site or your use of THIRD-PARTY products or services
provided through this site.
states do not permit the exclusions of certain types of liability or
limitations on certain types of warranties. if these state laws apply to you,
some of the limitations and exclusions above may not apply to you, and you may
have other rights or remedies.
You will defend,
indemnify and hold Metrolist (and its employees, officers, directors, and
affiliated companies) 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 for your use of third-party products, services, or both purchased
through this Site, or from your breach of this or any other agreement or
violation of any law.
8. No Personal Advice
information contained in or made available by this Site does not and is not
intended to convey any form of personal advice to you. The information here
cannot replace or substitute for the professional advice of a licensed real
estate professional to answer any questions and help you understand and use the
information, products, and services available through this Site.
9. Changes to This Site
may make changes or improvements to this Site at any time without notice.
10. Jurisdictional Issues
operate and control our Site from our offices in Greenwood Village, Colorado in
the United States of America. Persons who access this Site from other locations
do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
You consent to electronic communications from
Metrolist in the form of electronic mail.
You may provide notice to Metrolist by
sending email to email@example.com.
Governing Law; Arbitration: These Terms and
Conditions will be governed by laws of the State of Colorado without regard to
principles of conflicts of laws. You agree that any action at law or in equity
that arises out of or relates to these Terms and Conditions or use of this Site
will be subject to binding arbitration in accordance with the American
Arbitration Association and will be arbitrated in Greenwood Village, Colorado.
Severability: If any of these Terms and
Conditions are found to be unlawful, void, or for any reason unenforceable,
that provision will be considered severed from the remaining provisions and
will not affect the validity or enforceability of the remaining provisions.
Entire Agreement: This is the entire
Agreement between you and us governing your access to, dealings with, and use
of this site.
Waiver: Any failure by Metrolist to assert any
rights it may have under this agreement does not constitute a waiver of our
right to assert the same or any other right at any other time or against any
other person or entity.
This Agreement may be
modified only by our posting of changes to these Terms and Conditions. Any
inquiries regarding these Terms and Conditions of use should be directed to: firstname.lastname@example.org.