Terms of Use

Last Updated: April 2023

Please read these Terms of Use carefully before continuing with your use of the Services. By accessing and/or using the Services (including without limitation our websites and mobile applications) you are agreeing to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. By registering with or accessing the Service you are acknowledging and accepting these Terms of Use (these "Terms"). Capitalized terms are defined below.

THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF USE AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT.

NONMLS fully supports the principles of the Fair Housing Act and the Equal Opportunity Act.

1. These Terms

This is a legally binding agreement. The terms "you" and "your" refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.

We may, in our sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Terms. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.

2. Use of the Service

A. Accounts. You may register, maintain, and create an Account for the Service. You are responsible for all activities conducted in connection with your Account, maintaining the security of your login credentials, and keeping all information accurate and up to date. You must notify us promptly of any unauthorized use or breach. You must be eighteen (18) years of age or older to use the Service.

B. Service Rules. You agree to use the Service strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Applicable Law. Prohibited uses include, but are not limited to, misuse of data, reverse engineering, automated scraping, harassment, malicious code, or unauthorized access.

C. Service Changes; Suspension. We may, without notice, modify or suspend access to any portion of the Service. Continued use constitutes acceptance of such changes.

D. Monitoring; Records. We may monitor your use of the Service to ensure compliance.

E. User Content and Behavior. We are not responsible for Content submitted by Users. Disputes between Users are solely between those Users. We reserve the right to remove, condense, or modify Content.

F. Your Representations. You represent and warrant that your use of the Service is lawful, does not infringe others' rights, and is in connection with bona fide real estate or marketplace activity with NONMLS.

G. Agent Users. Any user holding a real estate license who is not affiliated with NONMLS must notify us before accessing password-protected materials. We reserve the right to limit or terminate access.

H. Property Data Restrictions. Property and listing data provided through NONMLS affiliated websites is for personal, non-commercial use only and may not be redistributed, copied, or sold.

3. Licenses

A. We grant you a limited, non-transferable right to use the Service solely for personal purposes related to real estate or marketplace activity.

B. You grant us a license to use your Content to operate and improve the Service.

C. Maps provided through the Service may use Google Maps or Microsoft Bing Maps, subject to their respective terms.

4. Ownership Rights

We retain all ownership rights in and to the Service and Marks. You retain ownership of your Content, subject to the licenses granted herein.

5. Data

We may collect and use information in accordance with our Privacy Policy, including data you input and usage data.

6. Compliance

You are responsible for ensuring compliance with Applicable Law.

7. Payment

If applicable, you agree to pay all fees owed, subject to late charges and third-party payment service provider terms.

8. No Warranties

The Service is provided "as is" without warranties of any kind. We disclaim all implied warranties to the fullest extent permitted by law.

9. Limitation of Liability

We shall not be liable for indirect or consequential damages. Our liability shall not exceed the greater of fees paid by you or ten dollars ($10).

10. Indemnification

You agree to indemnify and hold harmless NONMLS, NONMLS affiliated websites, and affiliates from claims arising from your misuse or breach of these Terms.

11. Third Parties

We may use third-party service providers or products. We are not responsible for their terms, sites, or services.

12. Confidentiality

Confidential Information will be safeguarded with industry-standard care. Exceptions apply to public information, prior knowledge, lawful disclosures, or independent development.

13. Termination

We may terminate these Terms or your Account at any time. Upon termination, your rights to use the Service cease.

14. Third-Party Beneficiary

We may enforce these Terms as a third-party beneficiary.

15. Assignment

You may not assign these Terms without our consent. We may assign them freely.

16. General

  • Relationship: Independent contractors, not partners or agents.
  • Modification: We may modify Terms with 30 days' notice.
  • Arbitration: Disputes shall be resolved through arbitration under JAMS Rules. No class actions or jury trials.
  • Choice of Law: These Terms are governed by applicable state law where NONMLS operates, with venue in the courts of that state.
  • Notices: Notices may be sent to support@nonmls.com or posted on your Account.
  • Severability, Waiver, Force Majeure, Entire Agreement: Standard enforceability provisions apply.

Definitions

"Account"
means your user account.
"Affiliated Entities"
means NONMLS, NONMLS affiliated websites, subsidiaries, affiliates, service providers, and licensors.
"Agent"
means a licensed real estate professional associated with NONMLS.
"App"
means the NONMLS Marketplace app.
"Service"
means NONMLS.com, NONMLS affiliated websites, the Marketplace app, and related services.
"User"
means any person using the Service.
"We," "our," and "us"
means NONMLS.
"You"
means the individual entering into these Terms.