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UtahRealEstate.com license agreement. View License
UtahRealEstate.com License Agreement:
Welcome to the Utahrealestate.com Web site. Utahrealestate.com offers
public access to the most comprehensive and up to date listings of real
estate for sale in the State of Utah. These listings are made available
by the Wasatch Front Regional Multiple Listing Service, its owner
REALTOR® Associations, and the subscribing members of the
Wasatch Front Regional MLS. This Web site is made available subject to
the user of this Web site, and Wasatch Front Regional Multiple Listing
or using the Utahrealestate.com website owned and provided by WFR
By accessing or using WFR's Website, you agree to be legally bound by
WFR's Website, AND YOU MAY NOT create or maintain a link to WFR's
WFR's Website is a free service. Any mobile access may be subject
to your carrier's normal rates and fees.
Upon your acceptance of these
"Link") from your website ("Your Website") to
the home page of WFR's Website. Deep linking to content appearing
in the web pages below the home page of WFR's Website is not
If you create a Link, Your Website and you shall not do any of the following:
Create frames around WFR's Website or otherwise alter the
visual presentation of WFR's Website.
Expressly state or otherwise imply that WFR is endorsing you,
your products or services, or the content of Your Website.
Expressly state or otherwise imply an affiliation between you
and WFR without the prior written consent of WFR.
Misrepresent your relationship with WFR or present false or
misleading impressions about WFR's products or services.
Disparage WFR's Website or display the Link in a manner
that diminishes WFR's goodwill.
Include or display any material which is immoral, unethical,
illegal or inappropriate for a professional Website.
Remove, modify or obscure any copyright or other proprietary
right notices and usage restrictions on WFR's Website, or on any content or
other materials, or on any copies or versions thereof. All rights not
expressly granted are reserved.
You acknowledge and agree that you are not a publisher, distributor,
agent, partner, franchiser or endorser of WFR's Website, and WFR is
not a publisher, distributor, agent, franchiser or endorser of Your Website.
WFR retains exclusive editorial control over WFR's Website and has the
right to make administrative or operational decisions it deems necessary or
desirable in the normal course of business.
You warrant to WFR that (1) you have duly registered the domain
name of Your Website with all applicable authorities and/or have a
license to use Your Website, and you possess all rights necessary
to use such the domain name for Your Website, and (2) the content
and materials which have been placed within Your Website, or any
hyperlink therefrom, do not and will not infringe upon or violate
(i) any U.S. copyright, patent, trademark or other proprietary right
of a third party, (ii) any applicable law, regulation or non-proprietary
right of a third party.
You agree and acknowledge that you, and not WFR, are responsible
for your own Website, and all content and uses of your Website. In addition,
you are solely responsible for your own security in linking to or using the WFR Website,
and for selecting or implementing any precautions you deem appropriate
for your intended use of the WFR Website.
You acknowledge that by linking to WFR's Website,
WFR does not in any way endorse, accept, or approve your Website or any content
on your Website. WFR shall not be liable in any way for any claim arising from
the operation of your Website or the use of the link to WFR's Website.
WFR reserves the right, in its sole discretion,
Such revisions shall be effective immediately upon posting on WFR's
Website. By using WFR's Website or creating or maintaining a Link
after WFR has posted any modifications, updates or revisions, you agree
Use, additional terms may govern use of certain web pages within
WFR's Website or the creation, maintenance and use of any Link; as
such terms may be contained on the web pages of WFR's Website.
Provided that such additional terms are not contrary to these Terms
of Use, by accessing and using such web pages, and creating, using,
and maintaining the Link, you agree to be bound by such terms.
Links to Other Websites.
WFR's Website may contain links to other
websites. The linked websites are provided for your convenience and
information only and, as such, you access them at your own risk.
You agree and acknowledge that WFR is not responsible for the content
or anything that may be delivered to you or your computer as a result
of accessing any of the linked websites. Specifically, WFR is not
responsible and shall have no liability for any viruses or other
illicit code that may be downloaded through a link found on WFR's
Website, or from WFR's Website. The content of any linked
websites is not under WFR's control, and WFR does not endorse such
content, whether or not WFR is affiliated with the owners of such
Limitations on Use.
Except with the
express prior written consent of WFR, and except for subscribers to
WFR's multiple listing services, you may access, download and
print materials on WFR's Website only for personal and
non-commercial purposes. Except as expressly provided under these
display, perform, reproduce, publish, upload, post, license, frame in
another website, use on any other website, create derivate works of,
transfer, sell, and/or exploit for commercial use, any information,
software, real estate listings, databases or other lists, products or
services provided through or obtained from WFR's Website,
including by email or other electronic means, without the prior
written consent of WFR. You may create Links from WFR's
You agree not to use WFR's Website or any
content or information you may access from WFR's Website to engage
in any unauthorized or inappropriate activities or for any unlawful purpose.
This limitation includes any conduct that is unlawful, untruthful,
misleading, tortious or that is harmful to WFR or any other person
You agree not to violate any other person's privacy
or other rights. You agree not to bully, intimidate, or harass any
user of the WFR Website. You agree not to post or upload any content
that is hateful, threatening, pornographic, or inappropriate in the
sole judgment of WFR.
You agree not to use any extraction tool,
or any manual, computerized, or automated mechanism to access,
compile, download, or extract any content or information from
WFR's Website, except as specifically authorized in writing by WFR.
This prohibition includes use of any data mining tools, spiders,
robots, scrapers or similar tools or technologies.
WFR prohibits the use of, and you agree not to use,
WFR's Website or any information or content on WFR's Website to
harvest or collect information about WFR'S subscribers, or to transmit,
distribute, or deliver any unsolicited bulk commercial email ("SPAM").
You may not send SPAM to any WFR member or subscriber, property owner,
or other person, and you may not authorize others to do so.
Your Representations and Warranties.
You represent and
warrant to WFR that any information you provide on WFR's
Website will be true, accurate and complete, and will not violate any
law, statute, ordinance or regulation. You warrant that you will not
falsely identify yourself or impersonate or falsely represent your
affiliation with any person or entity. Except with the written
permission of WFR, you agree that you will not access or attempt to
access password protected, secure or non-public areas of WFR's
Website. Unauthorized individuals attempting to access prohibited
areas of WFR's Website may be subject to legal prosecution.
You further warrant to WFR that you will not use WFR's Website
including without limitation the posting or transmitting of any
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material.
Use of Mortgage Calculation Tools
calculation tools available on WFR's Website are for
demonstration purposes only, and are not an offer to lend. Interest
rates shown may differ from actual market interest rates. WFR does
not guarantee the accuracy, sufficiency, correctness, veracity,
completeness or timeliness of such service. You are responsible for
confirming the sufficiency and reliability of any such service.
You acknowledge and
agree that the trademarks of WFR (the "Marks"), WFR's
Website, and the content and look and feel of WFR's Website are
proprietary, original works of authorship of WFR, or licensed to WFR,
protected under United States copyright, trademark, and trade secret
laws of general applicability. You further acknowledge and agree
that all right, title and interest in and to the Marks, WFR's
Website, and the content and look and feel of WFR's Website are
and shall remain with WFR. You agree not to contest or infringe
these rights, directly or indirectly, at any time. Without the prior
written consent of WFR, your modification of the content, use of the
content on any other website or networked computer environment, or
use of the content for any purpose other than personal,
non-commercial use, violates the copyrights, trademarks or other
intellectual property rights of WFR or its licensors, and is
prohibited. Except as expressly provided under this Agreement, you
may not use on any website, including Your Website, or other
materials the Marks or any other trademarks or copyrighted materials
appearing on WFR's Website, including without limitation any
logos, without the express prior written consent of the owner of the
mark or copyright.
Termination or Interruptions in Service.
and access to the content of WFR's Website may from
time-to-time be unavailable to you or users of Your Website, whether
because of technical failures or interruptions, intentional downtime
for service or changes to WFR's Website, or otherwise. You
agree that WFR shall have no liability of any nature to you or any
third party for any modifications to WFR's Website, and any
interruption or unavailability of access to WFR's Website.
WFR reserves the right, at any time and for
any reason, to change, terminate, limit, suspend, or discontinue
the WFR Website, or limit or refuse your access to the WFR Website
for any lawful reason. You agree that WFR shall not be liable
for doing so.
No Warranties; Exclusion of Liability.
YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
YOUR USE OF AND RELIANCE UPON
ANY AND ALL INFORMATION AND SERVICES, INCLUDING WITH RESPECT TO ANY
REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH WFR'S
WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION AND SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WFR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS,
ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS,
AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR INFORMATION
CONTAINED IN OR PROVIDED THROUGH WFR'S WEBSITE. WFR DOES NOT
WARRANT THE FUNCTIONS CONTAINED IN WFR'S WEBSITE WILL BE
UNINTERUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WFR 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.
IN NO EVENT WILL WFR BE LIABLE TO
YOU, ANY USER OF WFR'S WEBSITE OR YOUR WEBSITE, OR ANY THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE
INFORMATION CONTAINED IN OR PROVIDED THROUGH WFR'S WEBSITE.
ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF
WFR'S WEBSITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR
WEBSITE, LOSS OF DATA, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED
BY LAW, IN NO EVENT SHALL WFR BE LIABLE TO YOU, OR ANY USER OF
WFR'S WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY
LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS
OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR
RELIANCE UPON INFORMATION OR SERVICES OBTAINED BY OR PROVIDED
THROUGH WFR'S WEBSITE, OR FOR ANY ERROR OR OMISSION, OR
OTHERWISE IN ANY WAY CONNECTED WITH USE OF THIS SITE, WHETHER BASED
ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WFR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
agree to indemnify, defend and hold harmless WFR, its officers,
directors, employees, shareholders, agents, affiliates, suppliers,
successors and assigns from and against any and all liability, loss,
claim, demand, suit, proceeding, damage, cost and expense, including
reasonable attorneys fees and costs, arising out of or resulting from
Your Website; or (c) any negligent acts, errors or omissions of you,
your agents or contractors.
terms and conditions related to the use of WFR's Website
shall be governed by and construed in accordance with the laws of
the State of Utah, United States of America, without regard to its
conflict of law provisions. By use of WFR's Website or
creating a Link, you hereby consent to the exclusive jurisdiction
of and venue in the federal and state courts located in Salt Lake
County, State of Utah, United States of America, for all disputes
arising out of or related to the use of WFR's Website, any
information contained on or provided through WFR's Website,
and the creation and maintenance of a Link, and you waive all
defenses to the exclusive jurisdiction of such courts.
If any provisions of these Terms
of Use shall be unlawful, void or for any reason unenforceable,
and shall not affect the validity and enforceability of any
entire agreement between WFR and you, and supersede any prior
agreements or understandings not incorporated herein. In the event
There are no third party
beneficiaries of these Terms and Conditions.
If you violate any of these Terms
of Use, your permission to use WFR's Website and to create or
maintain a Link, and your license to the Marks shall immediately
terminate without the necessity of any notice to you. WFR retains
the right to deny access to WFR's Website to anyone at its
sole discretion for any reason, including for violation of these
reason terminate only your right to create and maintain the Link,
without affecting your right to otherwise access and use WFR's
Website in accordance with these Terms and Conditions. Upon notice
of any termination of your right to create and maintain a Link and
license to the Marks, and you shall immediately remove any and all
Links and Marks from Your Website.