Terms of Use

This Website Terms of Use and Conditions of Order Agreement (“Agreement”) is made by and between Monterey Development Incorporated and its subsidiaries, parent company, and affiliates, (“MDI,” “us,” “we” and “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of any website that displays, links, or refers to this Agreement (such websites referred to herein collectively and individually as “website,” or “this website”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS AND OPTIONS TO BUY GOODS AND SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

MDI RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN MDI'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPER-LINK LOCATED ON THE MDI WEBSITE.

1. ACCESS TO THIS SITE

To access this website or some of the resources it offers, including contacting MDI, you may be asked to provide certain registration details or other information such as your name, e-mail address, and other credentials, including those provided through Facebook and Google logins. It is a condition of your use of this website that all the information you provide on or in conjunction with this website, including without limitation through Facebook and Google logins, will be correct, current, and complete. If MDI believes the information you provide is not correct, current, or complete, MDI has the right to refuse you access to this website or any of its resources, and to block, terminate, or suspend your access at any time.

2. RESTRICTIONS ON USE

You may use this website for purposes expressly permitted by this website. As a condition of your use of MDI's website, you warrant to MDI that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of MDI. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with MDI in causing any unauthorized co-branding or framing immediately to cease. Competitors and third party aggregators may not connect “deep links” to the website, i.e., create links to this website that bypass the home page or other parts of the website without the prior written permission of MDI.

In addition, you may not use MDI's website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without MDI's express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures. Your use of the website is strictly for your personal, non-commercial use only.

3. PROPRIETARY INFORMATION

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by MDI, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (whether displayed, downloadable or otherwise) (the “Content”) is the proprietary information of MDI or the party that provided or licensed the Content to MDI, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of MDI. Modification or use of the Content except as expressly provided in this Agreement violates MDI's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.

4. ADDITIONAL USE LIMITATION

You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to MDI's website, except as expressly permitted pursuant to applicable law.

5. HYPER-LINKS AND ADVERTISEMENTS BY THIRD PARTIES

This website may be hyper-linked to other websites which are not maintained by, or related to, MDI and may contain information about products or services that are not related to or endorsed by MDI. Hyper-links to such websites and advertisements are provided as a service to you and are not sponsored by, endorsed by, or affiliated with this website or MDI. MDI may not have reviewed any or all of such websites and advertisements and is not responsible for the content of those websites or advertisements or the descriptions of their products and services.

ADVERTISEMENTS BY THIRD PARTIES SUCH AS SERVICE PROVIDERS (E.G., BUSINESS THAT OFFER HOME MAINTENANCE, REPAIR, AND REMODELING SERVICES) ARE MAINTAINED BY THOSE THIRD PARTIES AND MDI IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF THOSE ADVERTISEMENTS. YOUR COMMUNICATIONS WITH AND PURCHASE OF PRODUCTS OR SERVICES OF A THIRD PARTY ADVERTISED ON THE MDI WEBSITE IS ENTIRELY AT YOUR OWN RISK. MDI HAS NOT DIRECTLY OR INDIRECTLY RESPONSIBLE OR LIABLE FOR LOSSES, DAMAGES, OR LIABILITIES INCURRED BY YOU OR OTHERS ARE A RESULT OF YOUR RELIANCE ON SUCH HYPER-LINKS OR ADVERTISEMENTS, COMMUNICATIONS WITH SUCH THIRD PARTIES, OR YOUR PURCHASE OF ANY GOODS OR SERVICES FROM THIRD PARTIES. YOU HEREBY AGREE TO WAIVE AND RELEASE MDI TO THE FULL EXTENT ALLOWED BY LAW FROM ANY LOSSES, DAMAGES, OR LIABILITIES RELATING TO OF YOUR RELIANCE ON SUCH HYPER-LINKS OR ADVERTISEMENTS, COMMUNICATIONS WITH SUCH THIRD PARTIES, OR YOUR PURCHASE OF ANY GOODS OR SERVICES FROM THIRD PARTIES.

You are solely responsible should you rely upon any information contained within such hyper-links or advertisements, your purchase of goods or services. All communications with and purchases of goods or services from third parties are subject to agreements, if any, between you and such third parties.

MDI is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and MDI makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to their products and services. MDI provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website or information does not necessarily imply endorsement by MDI of that website, its products or services, or any association with its operators.

6. SUBMISSIONS

You hereby grant to MDI a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all content, remarks, inventions, suggestions, ideas, reviews, graphics, or other information communicated to MDI by you through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You further agree that MDI may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to MDI through the website in conjunction and in relation to your Submission. MDI will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MDI operations.

You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.

Your Submissions to both business and realty pages are intended for public use and are therefore viewable to the public, including your ratings, reviews, photos, tips, compliments, community posts and edits to home and business listing information. Your account profile (first name, last initial, city, profile photos, friends and account status) is also intended for public use, including which businesses you follow, verified purchases, homes shared, reactions to homes and other reviews. You can limit the public availability of some of this information in your User Profile.

Any Submissions you provide that are reviews must be original, true and accurate, based upon your own experiences and knowledge, and responsive directly to that which is being reviewed. Reviews that are paid for, sponsored, or otherwise given where consideration for providing the review has been given or promised by any other person or entity are strictly prohibited. The scraping, harvesting, or other form of collecting, reusing, or redistributing reviews that are provided on the MDI website is strictly prohibited. MDI has the right, but not the obligation, to investigate any breach of the aforementioned restrictions and requirements, including without limitation conducting investigations which include mock purchases of reviews or sales of reviews to identify those in violation of this Agreement.

7. USE OF COMMUNICATION SERVICES

MDI's website may allow for the advertising of your third party products and services, and may also contain forums, chat areas, blogs with comment capabilities, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service and, in the case of a blog topic or other similar post, that are related to that main post. All advertisements must solely be placed through MDI's designated advertising platform.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this website any material that:

7.1. you do not have the right to post, including proprietary material of any third party, such as content or files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

7.2. advocates illegal activity or discusses an intent to commit an illegal act;

7.3. is vulgar, obscene, pornographic, or indecent;

7.4. does not pertain directly to this website or the main post to which a comment is directed;

7.5. threatens or abuses others, libels, defames, invades privacy, stalks, is racist, sexist, or otherwise discriminatory, abusive, harassing, threatening, or offensive;

7.6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

7.7. harvests or otherwise collects information about others, including e-mail addresses, without their consent;

7.8. violates any law or may be considered to violate any law;

7.9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

7.10. Is in any way false or misleading;

7.11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website or by MDI through its advertising platform;

7.12. solicits funds, advertisers, or sponsors;

7.13. includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

7.14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this website;

7.15. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

7.16. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this website or any networks connected to this website; or

7.17. contains hyper-links to other websites that contain content that falls within the descriptions set forth above.

MDI reserves the right, but not the obligation, to monitor use of this website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. MDI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MDI also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to protect MDI rights and reputation, to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Notwithstanding these rights, you remain solely responsible for the Content of anything you post, send, submit, publish, or transmit in connection with this website. You acknowledge and agree that MDI does not assume or have any liability for any action or inaction by MDI with respect to any Content that a third party posts, sends, submits, publishes, or transmits in connection with this website. MDI cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. MDI does not control or endorse the content, messages, or information found in any Communication Service and, consequently, MDI specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.

8. CLAIMING A BUSINESS

MDI uses data from Google Places to seed information regarding businesses. You may alter this seeded information as follows: (1) "claim" the business and update the information on Yarlow.com or (2) contact Google to correct the business information.

9. MY YARLOW ACCOUNT

My Yarlow Account is a feature that allows you to upload notes and photos about a property, save searches, add favorites, and otherwise organize homes that may be of interest to you. We save all of this account information for your use later. It is stored with your MDI account information. We may publicly display your first name and last initial, as well as a photo or other content you submit during the registration process, as part of your account profile. You can modify some of the information associated with your profile at any time in your Account: Profile. If you believe that someone has created an account in your likeness, report abuse of the account to request the account to be removed.

10. COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MDI's copyright agent the written information specified below, or in the event of a conflict between what is set forth herein, in accordance with 17 U.S.C. Section 512. Please note that this procedure is exclusively for notifying MDI and its affiliates that your copyrighted material has been infringed.

10.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

10.2. A description of the copyrighted work that you claim has been infringed upon;

10.3. A description of where the material that you claim is infringing is located on the website, including the URL, if applicable;

10.4. Your address, telephone number, and e-mail address;

10.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

10.6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

MDI's Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

MDI Legal Department

ATTN: Copyright Agent:

8451 Monterey Ct

Eden Prairie, MN 55347

CopyrightInfringement@montereydevops.com

11. DISCLAIMERS

You understand that MDI cannot and does not guarantee or warrant that the website or its Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. MDI does not assume any responsibility or risk for your use of the website, its Content, or the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by MDI. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type. All product and service sales are pursuant to separate, additional written agreements or, if ordered through MDI's online store, the additional Conditions of Order as set forth in this Agreement. The Content should not be relied upon by you or any other party for personal, medical, tax or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.

YOUR USE OF THIS WEBSITE AND ITS SERVICES IS AT YOUR OWN RISK. THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MDI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE, SERVICES, AND THE CONTENT. MDI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MDI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MDI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MDI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT OR SERVICES. MDI MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE, SERVICES, OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE, SERVICES, OR CONTENT.

ADDITIONAL DISCLAIMERS AND WARRANTIES RELATED TO PRODUCTS PURCHASED THROUGH MDI ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and MDI does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

Like most websites, this website is accessible worldwide. However, not all products or services offered by MDI are available to all persons or in all geographic locations, and the use of this website is strictly for those located inside of the United States of America. MDI reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

MDI attempts to display as accurately as possible the colors and images of the products shown on the website. However, because the colors and image rendering you see will depend on many factors, including your monitor or printer, MDI cannot guarantee that the color and image you see matches the product look including color.

12. LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY CLAUSE ONLY APPLIES TO RESIDENTS OF NEW JERSEY TO THE EXTENT PERMITTED BY NEW JERSEY LAW, AND, WITHOUT LIMITATION, DOES NOT APPLY TO NEW JERSEY RESIDENTS TO THE EXTENT DAMAGE IS CAUSED TO YOU BY THE NEGLIGENT OR INTENTIONAL ACTIONS OF MDI.

EXCEPT AS STATED IN THIS LIMITATION OF LIABILITY SECTION, MDI, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT OR SERVICES. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MDI AND ITS SUBSIDIARIES, AFFILIATES, PARENT CORPORATIONS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.

ADDITIONAL LIMITATIONS OF LIABILITY RELATED TO PRODUCTS AND SERVICES PURCHASED THROUGH MDI'S ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF MDI. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. ADDITIONAL GOVERNING TERMS AND CONDITIONS

The website may contain additional disclosures, terms and conditions or other legal terms that apply to the goods and services being offered on the website. Wherever the website presents additional terms and conditions, disclosures, or other agreements, you are also bound by those additional terms and, where in specific conflict with the terms and conditions of this Agreement, those additional terms shall control over the terms in this Agreement.

14. TERMINATION OR RESTRICTION OF ACCESS

MDI reserves the right, in its sole discretion, to terminate your access to any or all of MDI's websites or any portion thereof at any time, without notice. Termination or suspension of your access to any MDI website does not terminate the terms of this Agreement, only your rights to access and use the website and Services.

15. INDEMNITY

You will indemnify and hold MDI, its subsidiaries, affiliates, parent company, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content and Services, except to the extent such claim is due to the negligence or willful misconduct of MDI.

16. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of MDI or the party that provided the trademarks, services marks, logos, and copyrighted works to MDI. MDI and any party that provided trademarks, service marks, logos, and copyrighted works to MDI retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website. Products sold by MDI may also be subject to patent rights.

17. SECURITY

Any passwords used for this website including, without limitation, any customer profiles used in relation to the online store are for individual use only. You will be responsible for the security of your password (if any). MDI will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MDI considers insecure, MDI will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any Services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MDI reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. MDI reserves the right to investigate suspected violations of this Agreement.

MDI reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MDI to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MDI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MDI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MDI OR LAW ENFORCEMENT AUTHORITIES TO THE FULL EXTENT SUCH WAIVER IS ALLOWED BY LAW.

18. GOOGLE MAPS

Your use of Google Maps is subject to the then-current Google Terms of Service, https://policies.google.com/terms?hl=en, Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html, and Google Privacy Policy at https://www.google.com/policies/privacy/.

19. MISCELLANEOUS

The laws of the State of Minnesota shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms of Use. Any controversy or claim arising out of or relating to these Terms of Use or your use of the website or the Content (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to MDI, MDI may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of MDI's or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that MDI's rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the arbitrator or, where an action in court is allowed as stated in this Section of the Agreement, court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

No waiver by MDI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of MDI.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MDI as a result of this agreement or use of MDI's websites.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and MDI with respect to the website or the Content.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 928-1227.

MDI may revise this Agreement at any time by updating this posting.

Last Modified: March 24, 2023

CONDITIONS OF ORDER

All advertising orders placed with MDI, are subject to the terms of these Conditions of Order in addition to the above Terms of Use. The terms of these Conditions of Order shall control over any conflicting term in the Terms of Use. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. These Conditions of Order are in addition to any terms and conditions provided by any third party webstore, scheduling service, or payment processor.

1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with MDI is an acceptance of MDI's offer to sell our Products (those “Products” being those products and services sold through this website and any website to which these terms are attached and including those branded as MDI, subject to availability and pursuant to the terms contained in these Conditions of Order. MDI, at its discretion, may complete your order by processing your payment or may, for any reason, decline to complete your order or any part of your order. If MDI declines to complete your order, MDI will attempt to notify you using the email address or other contact information you have provided with your order.

2. Quantity Limitations. MDI may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. MDI may reject any order, or any part of an order.

3. Electronic Communication. When you place an order via the website, you are required to provide valid contact information. You agree that MDI will not be responsible for any damage you incur as a result of your failure to provide and maintain valid contact information or as a result of any failure of your communication systems, such as your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of MDI.

4. Pricing and Product Information. MDI makes every effort to provide current and accurate information relating to the Products and prices, which are reflected in the prices shown on the product page on the website, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to MDI's completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with MDI, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, MDI will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.

5. Payment. MDI offers the following payment methods: Visa, Mastercard, American Express, Discover and JCB. All payments must be made in U.S. dollars.

6. Taxes. Except as otherwise provided on the website, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. MDI charges sales tax unless you have a valid sales tax exemption certificate on file with MDI. MDI will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and MDI is required to pay tax on your purchase, you will reimburse MDI for the amount of such tax, and MDI's reasonable expenses incurred in connection with the payment and collection of such tax.

7. Dishonored and Late Payments. You shall pay to MDI all costs incurred by MDI in collecting on any dishonored payment or on any past due amount from you, including all court costs, collection costs, and attorney’s fees. If a payment method you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay MDI $30.00 as a service charge (if the payment cannot be redeposited) pursuant to Minnesota Statutes § 604.113.

8. Advertising Requirements. Products offered on the website may include advertising services. The content of all advertisements are your sole responsibility. All advertisements must comply with the Terms of Use including without limitation the Use of Communication Services, and your purchase of advertising services are subject to both the Terms of Use and these Conditions of Order (subject to these Conditions of Order controlling if any term in the Terms of Use conflict with a term in these Conditions of Order). For example, your advertisements must not violate the Use of Communication Services section of the Terms of Use.

By purchasing advertising on the website, you grant to MDI the right and non-exclusive license to use, copy, display, publish, and otherwise distribute any and all advertising materials, information, text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (whether displayed, downloadable or otherwise), and your trademarks, service marks, logos, trade names, trade dress, and other indicia of source related to you for purposes of providing the advertising services (collectively the "Advertising Content").

MDI may, from time to time, place additional restrictions, requirements, or policies in place that must be met to purchase advertisements, such as minimum positive reviews, lack of complaints with the Better Business Bureau, passing of background checks, meeting of insurance and bonding requirements, and demonstration of ability to pay for advertisements. By setting or enforcing advertiser requirements, MDI is not making any commitment, representation, or warranty that it will screen all advertisers or that it is obligated to screen all or any advertisers.

9. Advertiser Representations and Warranties. You warrant and represent that: (a) you own or otherwise control all of the rights to any Advertising Content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Advertising Content and grant the license you provide in accordance with this Agreement, and that the Advertising Content will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity; (b) that you have all the rights and authority to enter into these Conditions of Order and are duly incorporated and licensed or otherwise authorized to operate and offer products and services, and to remit taxes, in all jurisdictions as legally applicable to your Advertising Content and the products and services offered and provided related thereto; and (c) that the Advertising Content is true and correct, and in no way false or misleading.

10. Return Policy. ALL SALES ARE FINAL. NO RETURNS EXCEPT AS SET FORTH ON THE PRODUCT PAGE.

11. Product Warranty. Some online services may be subject to additional terms and conditions, and the warranties, limitations of liability, and other terms set forth in those additional terms shall control and supersede any conflicting terms in these Conditions of Order. MDI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ITS PRODUCTS. MDI SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES REGARDING ITS PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM THE COURSE OF DEALINGS OR USAGE OF TRADE.

12. Limitation of Liability: IN NO EVENT SHALL MDI BE LIABLE FOR ANY INJURY OR DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITY, ATTORNEYS’ FEES, DAMAGE TO BUSINESS OR BUSINESS RELATIONSHIPS OR LOSS OF GOODWILL, WHETHER FOR BREACH OF WARRANTY OR FOR BREACH OR REPUDIATION OF ANY CONTRACTUAL TERM OR LEGAL DUTY IN CONTRACT, TORT, STATUTE OR OTHERWISE, RELATING TO THE SALE OF PRODUCTS BY MDI.

13. Indemnity. You will indemnify and hold MDI, its subsidiaries, affiliates, parent company, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Conditions of Order and the Terms of Use by you, any claim by a third party regarding your advertisements and your Advertising Content, as well as any product or service you provide to third parties, and your negligent or willful acts or omissions.

You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content, except to the extent such claim is due to the negligence or willful misconduct of MDI.

14. Force Majeure. MDI will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. MDI's time for delivery or performance will be extended by the period of such delay or MDI may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.

15. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of Minnesota shall apply to these Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to MDI, MDI may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of MDI's or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that MDI's rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

16. General Provisions. These Conditions of Order, the Terms of Use, and the other terms they reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MDI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of MDI. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and MDI or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns. The terms of these Conditions of Order and the Terms of Use survive and expiration or termination of any Product purchases, such as limited time duration advertising buys, with the exception of MDI's obligations to provide such Products which shall terminate in accordance with the specific terms related to the purchase (e.g., the time span purchased for any advertising buys).

17. Changes to the Conditions of Order. MDI reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the “Date of Last Modification” will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the website, as a default, you elect to receive e-mails that MDI may in its discretion send notifying you of changes to this Conditions of Order and/or other MDI policies. Notwithstanding any provision of these Conditions of Order to the contrary, MDI may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and MDI.

18. Regional Multiple Listing Service of Minnesota, Inc.

Introduction

To satisfy the requirements of RMLS policy (1) This agreement must be available to consumers before they are able to see the IDX data and must be available for review at the beginning of each visit by the consumer. (2) The consumers must assent affirmatively to the terms by clicking a button that prominently says I AGREE. (3) Failure of a consumer to assent to the terms must result in no further access to the data for that consumer.

This can be done unobtrusively by putting a link near the ‘Search’ button on the search page. The link could say “I have read and agree to the terms of the license agreement” (with “license agreement” linked to the full text of the EULA). The language used in the agreement must be exactly the language presented below, unless RMLS approves alterations in writing in advance.

Required Agreement Text

The following terms and conditions govern all access to and use of this site. 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.

End-User License Agreement

This End-User License Agreement (“EULA”) is a legally binding contract between you; and the owner of this site, HomApt Realty (“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”); and the developer of this site, Monterey DevOps (“Developer”). (Collectively, Broker, RMLS, and Developer are the “Licensors.”)

You seek access to real estate listings that are made up of factual information and creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of this information is limited by the terms of this license.

In consideration of the mutual covenants contained herein, you and Licensors hereby agree as follows:

1. Access permitted. Licensors agree to provide you online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you will be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.

2. Acknowledgement of Title. You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the Licensed Site and the Licensed Content reside at all times in Licensors and their licensors.

The trademarks, logos, and service marks (collectively the “Marks” or “Mark”) appearing on the Licensed Site are registered and unregistered marks of Licensors and others. Neither this EULA nor the Licensed Site grants you any right to use any Mark displayed on the Licensed Site or any other Marks of Licensors.

3. License. Licensors hereby grant you a revocable, limited, nonexclusive license during the term of this EULA to duplicate, distribute and display the Licensed Content and the Licensed Site, solely for your personal, noncommercial use, and subject to the limitations set forth in this EULA. Licensors grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA are reserved.

4. Limited Use. You will not:

Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial one;
Disclose any of the Licensed Content, including factual content, to any third party except in furtherance of your personal real estate transaction, and then only to the extent necessary;
Gather, or attempt to gather, by any automated means, including “screen scraping” or “database scraping,” factual content or any other portion of the Licensed Content from the Licensed Site; or
Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose.

5. License revoked. Your license to use the Licensed Content and the Licensed Site is immediately revoked, without notice from Licensors, in the event that you breach any provision of this EULA.

6. General terms.

Term and termination. Any party may terminate this EULA upon notice to another. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access the Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its termination.
Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE AND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS. LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSED CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE LICENSED CONTENT, THOUGH DEEMED RELIABLE, 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. THE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in the Licensed Content include, but are not limited to, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect status with regard to availability for sale, incorrect photograph, and incorrect information about improvements.
Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE LICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THE EVENT THE LICENSORS OR ANY ONE OF THEM BREACH THIS EULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND IN EXCESS OF $500.
Indemnification. You will defend, indemnify and hold the Licensors 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 against the Licensors arising from any of your acts, including without limitation violating this or any other agreement or any law.
Assignment. You may not assign or delegate this EULA or any obligations, rights, or duties hereunder. Any attempted or purported assignment or delegation in contravention of this section is null and void.
Integration and severability. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.
Governing law. This EULA shall be governed by, and construed in accordance with, the laws of the State of Minnesota applicable to contacts made and performed in Minnesota, but without regard to the choice of law and conflicts of law provisions thereof. The parties hereby agree that any dispute under this EULA shall have its forum in the state or federal courts located in Ramsey County, Minnesota, in the United States of America, and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.

Date of Last Modification: March 24, 2023

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