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Terms of Use

MLSOK.COM TERMS OF USE

Last revised: March 23, 2017

This Terms of Use Agreement (“Terms” or “TOU”) shall constitute a binding agreement between you (“User” or “you”) and MLSOK, Inc. (“MLSOK”). This TOU governs your use of the MLSOK website, located at www.MLSOK.com, including without limitation all webpages provided thereon and all content contained therein (the “Website”) and any and all services provided via the MLSOK Website (the “Services”).

If you do not wish to be bound by these Terms or the Privacy Policy, you must leave the Website immediately. Your further use of the Website and/or Services will be considered as acceptance of these Terms and the Privacy Policy.

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.

Privacy.
Your privacy is important to MLSOK. Our privacy practices with respect to any information you may provide to us through the Website or Services are described in the MLSOK Privacy Policyncorporated herein by reference. You should read our Privacy Policy before you use the Website or Services.

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.

User Materials
Certain pages or portions of the Website may allow you to upload or post information. By submitting any text, photographs, images, drawings, audio, video or other materials (the “User Materials”) to MLSOK, you grant MLSOK a worldwide, perpetual, nonexclusive, transferable irrevocable license to use the User Materials for any lawful purpose, including without limitation modifying, reformatting, distributing, publicly performing or displaying, advertising, and creating derivative works of your information, subject to MLSOK’s Privacy Policy.

Representations.
(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.
You acknowledge and understand the Website may link to other third party websites (the “Third-Party Sites”). MLSOK does not review, regulate, or control the content of any Third-Party Sites and is not responsible for the accuracy or availability of any Third-Party Site to which this Website links. MLSOK disclaims any responsibility for the contents, advertising, products, privacy policies or other material made available through Third Party Sites, and MLSOK does not endorse or guarantee any Third-Party Site to which this Website links. You are encouraged to read the Terms of Use and Privacy Policy for any Third-Party Site you visit and contact the administrator of such Third-Party Site with any questions.

Disclaimers.
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 ACKNOWLEDGE AND AGREE THAT THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT LIABILITY OF ANY KIND ON THE PART OF MLSOK OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, LICENSORS, AFFILIATES, AGENTS OR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS TERMS OF USE, USE OF THE WEBSITE OR SERVICES, MISTAKES, OMISSIONS, DELETIONS, INTERRUPTIONS OR DELAYS IN TRANSMISSION OF THE WEBSITE OR SERVICES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, BREACH OF CONTRACT OR WARRANTY, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR UNAUTHORIZED ACCESS TO THE WEBSITE OR SERVICES, EVEN IF MLSOK HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

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.

Indemnification.
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.

Remedies.
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.

Billing.
You agree to pay all fees to MLSOK when due and payable. By providing MLSOK with any financial account information, including without limitation a credit card or account number, payment card expiration date, billing address and/or shipping information, you warrant to MLSOK that you are the accountholder and are authorized to enter into such transaction. You authorize MLSOK to use your payment information in accordance with MLSOK’s Privacy Policy, including without limitation providing such payment information to third-party payment processors for the purpose of conducting such transactions. It is your responsibility to update your payment information as necessary. Late or cancelled payments may result in additional fees.

Notices.
Any notices shall be sent by certified mail or other reliable service to MLSOK at

MLSOK, Inc.
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.

Termination.
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.

Modifications.
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.
This TOU shall be governed by and construed in accordance with the laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule. The exclusive venue and jurisdiction for any controversy, dispute or claim arising out of or relating to this Terms of Use shall be the United States District Court for the Western District of Oklahoma or in another court of competent jurisdiction located within the County of Oklahoma, State of Oklahoma, USA. You agree: (1) to submit to the exclusive venue and jurisdiction of such courts, (2) that you will not bring any suit or judicial proceeding in any forum other than such courts, and (3) not to assert any objection that it may have to the venue or jurisdiction of such courts. Any cause of action you may have with respect to the use of the Website or Services must be commenced within one (1) year after the claim or cause of action arises.

Waiver.
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.

Assignment.
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.

Electronic Signature.
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.

Independence.
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.
Invalidity or unenforceability of one or more provisions of these Terms shall not affect any other provision of this TOU. This TOU, including the Privacy Policy and any other documents referenced herein, includes all agreements and understandings with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements and understandings relating to the subject matter hereof, whether oral or in writing.

Contact Us
If you have any questions regarding these Terms of Use, contact us at:

MLSOK, Inc.
3131 Northwest Expressway
Oklahoma City, OK 73112

Phone: (405) 840-1493
Fax: (405) 840-9720
Email: hbozman@okcmar.org

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