These Terms of Use (“Terms of Use”) apply to the website located at https://www.homescout.com/ (the “Website”). The Website is owned by Stephen M. Polston. The brokerage associated with the Website is HBS Real Estate Services, Inc. DBA Home Scout (the “Company”). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. The Company’s privacy policy is available on the Website and should be reviewed in conjunction with these Terms of Use. The Company reserves the right, at its sole discretion, to change, modify, add and remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
Use of the Website
You must be 18 years of age or older, or the age of majority in your jurisdiction, to use the Website. You agree to provide true, accurate and current information when using the Website, and to maintain and update that information as needed. You agree to use the Website only for lawful purposes and in accordance with these Terms of Use. You may not use the Website in any way that violates applicable federal, state, local or international law or regulation, that interferes with or disrupts the Website or its servers or networks, or that attempts to gain unauthorized access to any part of the Website.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web portal or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
You agree and acknowledge that the Content is the intellectual property of the Company and/or its licensors. You further understand and agree that ultimate control over the use of the Content resides with the Company, and that all goodwill in the Content that may be created through the use and access provided for in these Terms of Use shall inure to the sole benefit of the Company and/or its licensors; you shall not acquire any ownership interest in the Content. You shall have no right to authorize any third party to use or access the Content unless otherwise agreed upon by the Company, in writing, in each instance.
Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
The Company’s Privacy Policy applies to use of the Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to Other Websites
The Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to visitors. Such Linked Websites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Disclaimers
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR ACCESS FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES PROVIDED BY THE COMPANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and/or (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of, or access to, the Website or any Content, the Company’s liability shall in no event exceed One Hundred Dollars (US$100.00). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify, defend, release, and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, damage, loss, liability, claims (including those actual and threatened), actions, or expenses (including attorneys’ fees and expenses), made against the Company due to or arising out of or in connection with your use of, or access to, the Website.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party, as determined by a court of competent jurisdiction, will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of, or access to, the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
NorthstarMLS End User License Agreement (EULA).
The following NorthstarMLS End User License Agreement (EULA) applies specifically to your access to MLS listing data provided by the Regional Multiple Listing Service of Minnesota, Inc. (NorthstarMLS). It applies only to users accessing Minnesota MLS listing data and supplements — but does not supersede — the main Terms of Use above. In the event of any conflict between this EULA and the main Terms of Use, the main Terms of Use shall govern, except with respect to matters specifically governed by MLS rules or Minnesota law, in which case this EULA shall govern to the extent required. This EULA is governed by the laws of the State of Minnesota with respect to MLS-specific matters.
The following terms and conditions govern all access to and use of NorthstarMLS listing content. You accept, without limitation or alteration, all the terms and conditions contained herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITY TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO NOT UNDERSTAND ANY OF THE TERMS HERE.
This End-User License Agreement (“EULA”) is a legally binding contract between you; and HBS Real Estate Services, Inc. DBA Home Scout (“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”); and the developer of this site, WebmysticForge.com (“Developer”). (Collectively, Broker, RMLS, and Developer are the “Licensors.”)
You seek access to real estate listings made up of factual information and creative content. Access to the listings is made available by the Licensors for your personal, non-commercial use only. Licensors own or administer the intellectual property rights, including the copyright, in the MLS database compilation, and no rights are granted to you by virtue of using this site, except as expressly stated in this EULA.
1. Scope. This EULA applies to your access to and use of real estate listing data provided through our Services that originates from NorthstarMLS.
2. License. Licensors grant you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Content solely for personal, non-commercial real estate search purposes.
3. Ownership. Licensors and their data providers retain all ownership and intellectual property rights, including copyright, in the Licensed Content and the Licensed Site.
4. Limited Use. You will not: (a) use the Licensed Content for any commercial purpose; (b) disclose Licensed Content to any third party except as necessary for your personal real estate transaction; (c) gather Licensed Content by any automated means; or (d) use the Licensed Content for any unlawful purpose.
5. License Revocation. Your license is immediately revoked without notice upon any breach of this EULA.
6. General Terms. This EULA is governed by the laws of the State of Minnesota. Any disputes arising under this EULA shall be resolved in accordance with Minnesota law. Each provision of this EULA is severable; if one provision is invalid, the remaining provisions remain in effect.