Last revised: March 23, 2017
Acceptance of Terms.
By accessing or viewing the MLSOK 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 MLSOK and you.
License and Restrictions.
MLSOK hereby grants to you a limited, royalty-free, non-transferable, nonexclusive revocable license to access and use the Website, any information contained on the Website, including without limitation any listing information, text, photographs, drawings, graphics, software, codes, audio, video or other materials (collectively, the “Content”), and the Services.
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 MLSOK 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.
Intellectual Property Rights.
(a) The Website, Content and Services are protected by copyright, trademark, patent, trade secret and other intellectual property laws and shall at all times remain the exclusive property of MLSOK, 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 MLSOK’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 MLSOK name, logo, product and/or service names, brand and other marks are the trademarks of MLSOK (collectively, the “Trademarks”). You may not use the Trademarks or any purpose, including without limitation to suggest MLSOK endorses or supports you, your business, or your products/services, without the express written permission of MLSOK.
Confidentiality and Non-Assignability of Login.
Access to portions of the Website and/or Services 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 MLSOK at . You shall be 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.
(a) You represent and warrant that you will not upload, post, transmit, distribute or otherwise publish through the Website and/or Services any materials which: restrict or inhibit any other user from using and enjoying the Website, are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another’s privacy, hateful, tortious or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, violate, plagiarize, or infringe the rights of third parties, including, but not limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, contain any viruses, Trojan horses, worms, time bombs, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, contain any information, software or other material of a commercial nature, contain advertising of any kind, constitute or contain false or misleading indications of origin or statements of fact, or would harm minors in any way.
(b) You represent and warrant that you own or are authorized to provide any User Materials furnished to MLSOK by you, and that the User Materials will not violate any right of any third party, including without limitation any proprietary or contract right. You acknowledge and agree MLSOK may alter or remove from the Website any User Materials provided by you without prior notice or obligation to you.
(c) You further represent and warrant that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Services. You shall 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). You shall not link to the Website in any manner that would bypass the Website’s home page, and may not “frame” the Website or any portion thereof.
Third Party Links.
MLSOK MAKES NO REPRESENTATION THAT THE WEBSITE, CONTENT OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR STATE. MLSOK FURNISHES THE WEBSITE, CONTENT AND SERVICES “AS IS”, “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MLSOK 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 OR NONINFRINGEMENT OF THE WEBSITE, CONTENT AND/OR SERVICES. MLSOK DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIOS TO AND FROM THE WEBSITE MAY BE INTERCEPTED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT ACCESS TO THE WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND MLSOK DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN MLSOK’S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO PAID BY YOU TO MLSOK FOR USE OF THIS WEBSITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDNG THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend and hold harmless MLSOK, its officers, directors, 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 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. MLSOK 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 MLSOK.
You acknowledge and agree that in the event of any breach of these Terms, MLSOK may be irreparably and immediately harmed. Without prejudice to any other rights or remedies otherwise available to MLSOK, MLSOK 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 MLSOK’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 MLSOK for all reasonable costs and expenses, including reasonable attorney’s fees, incurred by MLSOK in successfully enforcing your obligations hereunder.
Any notices shall be sent by certified mail or other reliable service to MLSOK at
3131 Northwest Expressway
Oklahoma City, OK 73112
or to you at the e-mail address you provided to MLSOK 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.
MLSOK may at any time, with or without cause, issue a warning, immediately limit, suspend, disable, discontinue or terminate your access to the Website and/or Services, without liability to you. If MLSOK terminates your access, you will no longer be authorized to access the Website, Content, and/or Services.
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.
MLSOK 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 MLSOK 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.
MLSOK 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. MLSOK may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
Reservation of Rights.
All rights not expressly granted in this TOU are reserved by MLSOK.
Governing Law and Jurisdiction.
Waiver by MLSOK 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.
MLSOK 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 MLSOK, which may be withheld in MLSOK’s sole discretion.
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.
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 MLSOK in accordance with MLSOK’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, or third-party beneficiary or principal/agent relationship.
Severability and Entire Agreement.
3131 Northwest Expressway
Oklahoma City, OK 73112
Phone: (405) 840-1493
Fax: (405) 840-9720