Terms of Use

The New Mexico Multiple Listing Service (NMMLS), a subsidiary of the New Mexico Association of REALTORS®, operates this Website and associated Webpages. Any person accessing or using the NMMLS Website is referred to as “you”.

ACCEPTANCE OF TERMS

By accessing or using any part of the NMMLS Website or the services provided on it or other Websites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by the NMMLS from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between NMMLS and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://www.realestateofnewmexico.com. If you do not wish to be bound by these Terms of Use, please do not access, or use any part of NMMLS Website. Additional terms may govern use of certain Websites or Webpages within the NMMLS Website.

GENERAL USE OF THE NMMLS WEBSITE

Unless specified otherwise, the NMLS offers you access to the NMMLS Website solely for your personal and non-commercial uses. You agree to only access or use the NMMLS Website only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to: except with the express written permission of the NMMLS, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Webpage, use on any other Website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the NMMLS, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; damage, disable, overburden, or impair the NMMLS or interfere with any other party’s use and enjoyment of the NMMLS; not access or attempt to access password protected, secure or non-public areas of the NMMLS; not create links from any Website or Webpage to any page within the NMMLS Website, provided however upon prior written notice to NMMLS at admin@nmmls.net , you may create a link directly to any of the NMMLS Website home pages. The origin of any link to any NMMLS Website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the NMMLS Website home page. By creating a link to the NMMLS Website, you agree that (a) you will not employ any technology that results in the placement of content from the NMMLS Website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the NMMLS Website page from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the NMMLS Website. NMMLS reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that NMMLS so requests.

You agree that NMMLS may in its sole discretion and at any time terminate your access to and use of the NMMLS Website, or any part thereof, with or without notice. You further agree that use of the NMMLS Website shall be immediately terminated if you violate these Terms of Use. In addition, NMMLS reserves the right, in its sole discretion, to modify or discontinue the NMMLS Website or any portion thereof, with or without notice, and without liability to you.

The services provided through the NMMLS Website may also be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these services is an offer or promise by NMMLS to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, NMMLS does not make any representation or warranty with respect to such third-party services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party services, and you hereby release NMMLS from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, or undisclosed, arising out of or in any way connected with your use of such services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content (as defined below), software or sites.

CONTENT CONTAINED IN THE NMMLS WEBSITE

The NMMLS Website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the NMMLS Website (collectively, “Content”) is owned by NMMLS and/or third parties with all rights reserved unless otherwise noted. NMMLS grants you a limited license to access and use the NMMLS Website and Content solely for informational, personal, and non-commercial purposes (including printing individual pages from the NMMLS Website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying or making any other use of the NMMLS Website or Content, except with express written consent of NMMLS. You understand that all third-party Content posted on, transmitted through, or linked from the NMMLS Website, is the sole responsibility of the third- party originator of such Content. Content is provided through the NMMLS AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall NMMLS be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that NMMLS does not screen or approve third-party Content, and that NMMLS shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or NMMLS any Content that is available via the NMMLS Website, for any reason.

GENERAL TERMS

Applicable Law
This Terms of Use is governed by the laws of the State of New Mexico, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New Mexico, County of Santa Fe, New Mexico in all disputes arising out of or relating to accessing or using of the NMMLS Website. Access or use of the NMMLS Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NMMLS as a result of the Terms of Use or accessing or using the NMMLS Website. NMMLS’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of NMMLS’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the NMMLS Website or information provided to or gathered by NMMLS with respect to such use.

Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and NMMLS), the Terms of Use constitutes the entire agreement between you and NMMLS with respect to the NMMLS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and NMMLS with respect to the NMMLS Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NMMLS WEBSITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NMMLS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE NMMLS WEBSITE, SERVICES AND/OR CONTENT. NMMLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

Indemnification
YOU AGREE TO INDEMNIFY AND HOLD NMMLS, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE NMMLS WEBSITE AND/OR NMMLS AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability IN NO EVENT SHALL NMMLS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NMMLS WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE NMMLS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE NMMLS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NMMLS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NMMLS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE NMMLS WEBSITE, AND ALL OTHER USE OF THE NMMLS WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NMMLS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NMMLS WEBSITE OR TO AGREE TO MEDIATION.

Trademarks REALTOR® and all taglines and stylized logo treatments including any one or more of the foregoing are trademarks of the NATIONAL ASSOCIATION OF REALTORS® and are used with its permission. These and all other trademarks used in this work are the property of their respective owners.