The following terms and conditions govern all access to and use of this site. By entering this site, you accept, without limitation or alteration, all the terms and conditions contained in this End-User License Agreement. This agreement is a binding contract and includes terms that limit your legal rights and Licensors’ liability to you. Consult your attorney before entering this site if you do not understand any of the terms herein.
End-User License Agreement
This End-User License Agreement (“EULA”) is a legally binding contract between you; and (a) the owner of this site, Olin 3, LLC (“Owner”); (b) Lakes Area Realty, Inc. and any future broker retained by Owner (“Broker”); (c) Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”); and (d) Doman Networking Services Inc., Real Estate Webmasters and any future developers retained by Owner (collectively, “Developer”). Collectively, the Owner, Broker, RMLS, and Developer are the “Licensors.”
You seek access to real estate listings and factual information and creative content (“Licensed Content”) from this website (“Licensed Site”). The “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of the Licensed Content is limited by the terms of this EULA.
In consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, you and Licensors 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 are subject to the terms of the then-current EULA at the time of each of your visits 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 exclusively and 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, but not you. 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, non-commercial 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 by Licensors.
4.) Limited Use. You will not:
(a) Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial use;
(b) 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;
(c) Gather, or attempt to gather, by any automated means, including without limitation “screen scraping” or “database scraping,” factual content or any other portion of the Licensed Content from the Licensed Site; or
(d) Use 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.
(a) 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 forever.
(b) 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 by Licensors at all times. You assume full responsibility for your use of the Licensed Content. 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 without limitation title, and implied warranties of merchantability and fitness for a particular purpose. Possible errors in the Licensed Content include, but are not limited to, typographical errors, misinformation, misprints, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect photographs, incorrect information about improvements and prices, and prior sale, lease, change or withdrawal. You must independently verify all of the Licensed Content.
Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by the Licensors.
Licensors do not make any representations or warranties concerning any other website which may be accessed through the Licensed Site. Licensors do not have any control of the content found in any other website. Licensors do not support or accept any responsibility for the content or use of any websites that may be accessed by links from the Licensed Site.
Exclusions of liability. UNDER NO CIRCUMSTANCES SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM, LOSS OR DAMAGE FROM YOUR USE OF, OR INABILITY TO USE, THE LICENSED SITE OR THE LICENSED CONTENT, OR FOR ANY DEFECTS OR ERRORS THAT MAY BE FOUND TO EXIST IN THE LICENSED SITE OR LICENSED CONTENT. THIS TERM PREVENTS YOU FROM RECOVERING ANY DAMAGES UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY AND PUNITIVE DAMAGES, LOST PROFITS, ATTORNEY FEES, EXPERT AND PROFESSIONAL FEES, COSTS AND DISBURSEMENTS, REGARDLESS OF THE CAUSE.
(c) Indemnification. You will defend, indemnify and hold the Licensors harmless from and against any and all liability, damages, loss and expense (including Licensors’ attorney fees, expert and professional fees, costs and disbursements) in any claim, demand, action or proceeding initiated by you against the Licensors, or initiated by any third-party against the Licensors arising from any of your acts, including without limitation your violation of this EULA or any other agreement or any law.
(d) Assignment. You may not assign or delegate this EULA or any of your obligations, rights, or duties hereunder. Any attempted assignment or delegation is null and void.
(e) Integration and severability. This EULA contains the entire understanding of you and the Licensors and supersedes all previous and other oral and written agreements relating to its subject matter You may not amend this EULA under any circumstances. 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.
(f) Governing law. This EULA shall be governed by, and construed in accordance with, the laws of the State of Minnesota without regard to its choice of law and conflicts of law provisions. You agree that any dispute under this EULA shall have its forum exclusively in the State or federal courts located in Hennepin County, Minnesota, in the United States of America, and you consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.
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