Thank you for visiting the OneKey® MLS, LLC. (OneKey® MLS) website www.onekeymls.com (the “Site”).
If you are accessing this Site on behalf of an organization, then you agree to these Terms on behalf of that organization. If you do not agree to these Terms, you may not use this Site.
By using any of the pages on this Site you acknowledge that OneKey® MLS is NOT a real estate broker, mortgage broker, or mortgage lender and does NOT aid or assist borrowers in obtaining loans, solicit borrowers or lenders for, negotiate or make loans secured by liens or property.
Some sections of the Site may have additional rules and regulations that are specific to that particular section and will be accessible to you in such sections.
The information provided on this Site is for educational and/or informational purposes only. The information should not be construed as a recommendation by OneKey® MLS for any course of action regarding financial, legal, or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional. Please consult with an appropriate professional for any professional advice you may need.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
OneKey® MLS reserves the right at its sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective once posted to the Site. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.
OneKey® MLS may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.
All OneKey® MLS trademarks, service marks, membership marks, and/or logos appearing on the Site are the property of OneKey® MLS or OneKey® MLS has a license to use such marks and all rights in those trademarks, service marks, membership marks and logos are reserved by OneKey® MLS or their respective owners.
REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, the REALTOR® Block “R” logo, REALTOR.com, and REALTOR.org are trademarks, service marks, membership marks, and/or logos of the National Association of REALTORS® (NAR).
Subscribers or Participants of OneKey® MLS using any of the OneKey® MLS and/or NAR marks are bound by and should refer to the rules and regulations governing use of such marks to assure proper usage.
ONEKEY® MLS CONTENT AND INTELLECTUAL PROPERTY
The Site contains content from a variety of sources, including but not limited to, content OneKey® MLS created; content provided by Participants and Subscribers in OneKey® MLS and obtained from either the owners of the properties displayed on the Site, public records or observation; and other third-party websites; and other users of the Site (“Users”).
All materials and information published on the Site, including but not limited to, text, images, video, graphics, multimedia files, trademarks, copyrightable material, advertisements, data, photos, and software (“Content”) are protected by all applicable copyright and trademark laws and owned by OneKey® MLS or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.
Reprinting Content from the Site shall only be done with the express permission of OneKey® MLS.
You may not sublicense, transfer or otherwise make any Content available to any third-party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as permitted in these Terms.
In certain areas of the Site, you can choose to upload content that will be publicly displayed. Please be thoughtful when choosing to do so, since content available online is easily shared and captured.
If you choose to share content on this Site, you warrant and represent that you are either the owner of the content or you otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use. You may not post any content to the Site that you do not own or are not permitted to use. OneKey® MLS respects the intellectual property rights of others and expects you to do the same.
You agree that you will not knowingly and with intent to defraud provide material and misleading false information.
By submitting any content, you grant OneKey® MLS, its subsidiaries, parent companies, affiliates, and third-party licensees a nonexclusive, perpetual irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate with other content, create derivative works of, and publicly perform such content for any purpose on and through each of the services provided by the Site. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
OneKey® MLS, in its sole discretion, reserves the right to review, delete, control, or edit any Content uploaded, posted, or submitted, as well as the right to refuse to post any such Content.
OneKey® MLS does not guarantee that it will review all Content, nor does OneKey® MLS guarantee the accuracy, sufficiency, correctness, completeness, timeliness, legality, or reliability of any Content. Users are advised to investigate and evaluate Content prior to relying on any of them.
If you choose to upload content on the Site, you agree to indemnify and hold OneKey® MLS and its subsidiaries, parent companies, affiliates, members, officers, employees, and agents harmless from any and all liability, damages, expenses, attorney’s fees, and/or claims resulting from content you supply.
OneKey® MLS expects you to conduct yourself in a respectful and law-abiding manner when using this Site. You may not:
Use the Site to send unsolicited communications or promotions, also known as “spam”;
Use the Site in any way that violates local, state, or federal laws;
Upload or share materials that are illegal, fraudulent, defamatory, libelous, misleading threatening, profane, obscene, or in violation of any Fair Housing laws;
Take any action that will disrupt or interfere with the operation of the Site, which includes use of any robot, spider, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site;
Violate the privacy or infringe the rights of others, including intellectual property rights;
Impersonate other persons;
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, except for your personal use;
Engage in screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information;
Link to the Site homepage unless it is accompanied by a clear and prominent attribution indicating that the link is connected to the Site;
Juxtapose the Site name and link with your company name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between the OneKey® MLS and you or any other person or entity, or employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Site from how it would appear if a User typed in the Site URL to a typical browser line;
Sublicense, transfer or otherwise make any Content available to any third-party for commercial purposes or financial gain or use the Content in any other media of in any other location other than as permitted in these Terms;
Access or attempt to access password protected, secure or non-public areas of the Site, unless permitted by OneKey® MLS to do so.
ACCOUNT HOLDER ONLY ACCESS
Some portions of the Site may require you to open an account. If you create an account with OneKey® MLS, you are responsible for your username and password, maintaining the security of your password, and the activities that occur on the Site under your username and password. You are also responsible for providing OneKey® MLS with accurate and complete information, including updating such information as it changes. OneKey® MLS will not be liable for any loss that you may incur as a result of someone else using your password or accounts, either with or without your knowledge. However, you may be held liable for losses incurred by OneKey® MLS or another party due to someone else using your accounts or passwords. You may not use anyone else’s account at any time, without the permission of the account holder.
You may have the opportunity to provide your e-mail address to OneKey® MLS, for example, by registering for account holders’-only access or for certain products and/or services. If you share your e-mail address with OneKey® MLS through the Site, OneKey® MLS may send e-mails to you about a variety of subjects, such as updates to the Site or OneKey® MLS’s products, services, events, and programs. By providing your e-mail address to OneKey® MLS, you consent to receiving these e-mails from OneKey® MLS. You will have the option of unsubscribing from OneKey® MLS’s e-mail list(s) through a link included in OneKey® MLS’s e-mails.
Also, OneKey® MLS reserves the right, but not the obligation, to send electronic mail to any and all Users of the Site, even if you did not provide us with your e-mail address, for the purpose of informing you of changes or additions to the Site or any related services or products. You will have the right to “opt-out” of receiving such electronic mail.
OneKey® MLS will send you SMS/text messages at your request when you sign up for SMS/text alerts in your account. Your OneKey® MLS account enables you to favorite/save properties you want to follow, as well as geographic search areas you create to follow properties in a specific city, neighborhood, zip code, or polygonal shape you define.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time in your account and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com.
Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you.
You will receive messages based on your saved searches and/or saved listings that include: new listings, open houses, price changes and status changes. Message frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
This Site includes links to websites that are not owned or operated by OneKey® MLS. These links are provided as a convenience to access the information contained therein. OneKey® MLS does not endorse or approve, is not a sponsor, partner, promoter, or publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content on any other site. OneKey® MLS does not have any business relationships with any of the firms selling services or products through links to their websites other than the fact that OneKey® MLS may receive a small commission if you purchase such products or services.
It is incumbent upon you to investigate fully the products, services, and the companies offering the same as neither this Site nor its owners have done so.
THIRD-PARTY ADVERTISERS AND VENDORS
Third-party vendors may advertise, offer products or services for sale, or host promotions on the Site. If you choose to purchase any products or services or enter any promotion, the terms of that purchase and promotion are between you and the third-party vendor. OneKey® MLS does not make any representation or warranty about third-party products, services or promotions available through the Site. You agree that OneKey® MLS has no liability for any losses or damages of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third-party vendors on the Site.
OneKey® MLS is not responsible for the claims or representations made by any advertiser on the Site nor is OneKey® MLS responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by OneKey® MLS in any respect unless expressly indicated otherwise.
In order for OneKey® MLS to distribute your information and facilitate contacts between you and such third-party vendors, you hereby grant OneKey® MLS permission to disclose any and all of the information that you provide to OneKey® MLS to any such third-party that OneKey® MLS in its sole discretion deems relevant and appropriate.
SITE PROVIDED “AS IS”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO, ONEKEY® CONTENT, USER CONTENT, AND THIRD-PARTY VENDOR CONTENT PROVIDED THROUGH THE SITE IS AT YOUR OWN RISK. THIS
SITE IS PROVIDED BY ONEKEY® MLS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ONEKEY® MLS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. ONEKEY® MLS 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. ONEKEY® MLS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD-PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNATIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONEKEY® MLS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE 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 FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You may stop using the Site at any time. OneKey® MLS may suspend or terminate the Site at any time and for any reason at OneKey® MLS’ discretion and without notice. OneKey®MLS may also terminate, limit or suspend your access to the Site for any reason at any time and without notice.
OneKey® MLS provides through the Site a number of venues in which interactive services (“Interactive Services”), such as online calculators, planning tools, and checklists, are offered to you. Such Interactive Services are offered for the sole purpose of disseminating information for the public’s benefit. OneKey® MLS cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such Interactive Services.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSITUTE FOR PROFESSIONAL ADVICE. ONEKEY® MLS
SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INTERACTIVE SERVICES AS EXPLAINED UNDER THE SECTION SET FORTH ABOVE TITLED “SITE PROVIDED “AS IS””.
From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others (“Forum”) may be made available to Users on this Site. OneKey® MLS, in its sole discretion, reserves the right to review, delete, control, or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any form (“Submissions”) as well as the right to refuse to post any such Submission. OneKey® MLS does not guarantee that it will review every submission, and under no circumstances will OneKey® MLS be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.
Users understand and agree that their Submissions will be governed by the terms set forth above under the section titled, “YOUR CONTENT”.
User agrees to defend, indemnify, and hold harmless OneKey® MLS, its parent companies, affiliates, subsidiaries and employees, from all actions, liabilities, losses, claims, damages, costs, and expenses, including but not limited to, reasonable attorney’s fees, resulting from the User’s violation of any term of this Agreement or alleged illegal use of this Site.
LANGUAGE TRANSLATION DISCLAIMER
The official language for the content of the OneKey® MLS Site is English. A translation service provide by Immobil is available through links provided that offer immediate translation of some of our webpage content using Immobil’s software. Computerized translations are only an approximation of the Site’s original content. The translation should not be considered exact and in some cases may include incorrect or offensive language. OneKey® MLS does not warrant the accuracy, reliability, or timeliness of any information translated by this system and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. Any person or entity that relies on information obtained from the system does so at their own risk.
AGREEMENT TO ARBITRATE
Any controversy or claim (“Claim") you have arising out of or relating to these Terms shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the
American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Suffolk County, New York. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of New York, County of Suffolk and/or the United States District Court for the Eastern District of New York shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. OneKey®MLS reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Eastern District of New York or any State Court located in Suffolk County, New York.
This Agreement is governed by the laws of the State of New York, United States of America without reference to conflicts of laws and without regard to the location of execution or performance of this Agreement. You hereby consent to the exclusive jurisdiction and venue of the state courts of New York in the County of Suffolk or in the United States District Court for the Eastern District of New York in all disputes arising out of or relating to the use of the Site, subject to the dispute resolution provisions provided in the Agreement to Arbitrate above.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OneKey® MLS as a result of this Agreement or the use of the Site.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third party beneficiary rights.
OneKey® MLS’s or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. You may not assign any of your rights under these Terms. OneKey® MLS may assign its rights under these Terms in whole or in part at any time without your consent.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Upon receipt of a notice alleging copyright infringement, OneKey®MLS will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing material.
If you believe that your intellectual property rights have been violated by OneKey® MLS or by a third-party who has uploaded materials to the Site, please provide the following information to OneKey® MLS’ designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where OneKey® MLS can contact you and, if different, an e-mail address where the alleged infringing party, if not OneKey® MLS, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
OneKey® MLS may request additional information before removing any allegedly infringing material. In the event OneKey® MLS removes the allegedly infringing materials, OneKey® MLS will immediately notify the person responsible for posting such materials that OneKey® MLS removed or disabled access to the materials. OneKey® MLS may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
OneKey® MLS reserves the right to terminate, limit or suspend any User’s access to the Site in the event of repeated infringing activity. If you believe a User of this Site is a repeat infringer, please follow the above instructions to contact OneKey® MLS’ Copyright Agent. Please include sufficient information to assist OneKey® MLS in determining that the User repeatedly engaged in the infringing activity.
OneKey® MLS has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512 (c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:
400 Broadhollow Road
Farmingdale, NY 11735