Terms & Conditions

SAN MIGUEL MLS TERMS AND CONDITIONS OF SERVICE

THE USER Use of the site constitues agreement to the terms and conditions set forth by SANMIGUELMLS.COM for use of SANMIGUELMLS.COM. Access to the portal and use of the services it provides, expresses the full and unreserved acceptance of the User in each and every one of the Terms and Conditions of Service. Violations of the Terms and Conditions will generate the right in favor of SANMIGUELMLS.COM to suspend or terminate the provision of the service to the user who has performed them, by action or omission. REGISTRATION To be a user of the site it is not mandatory to complete the registration form and does not require prior subscription. The provision of the site service by SANMIGUELMLS.COM is free and open to users. However, some free services can only be obtained through User registration. In the event that the user chooses or must register to use a service, he/she must complete the form with his/her personal information in an exact and precise manner (“User Registration”). Except in the fields where otherwise indicated, the answers to the questions about User Registration are voluntary, and the lack of response does not imply a reduction in the quality or quantity of the corresponding services, unless otherwise indicated. The personal information as a registered user of SANMIGUELMLS.COM is protected with a password that only the user can access. The registered user may modify his/her information as a registered user using his/her username and password to access SANMIGUELMLS.COM SANMIGUELMLS.COM reserves the right to send information that it considers relevant for its users to the email address indicated by the user in the registration form. Notwithstanding the foregoing, SANMIGUELMLS.COM recognizes and adheres to initiatives against unsolicited mail (“spamming”), with the understanding that the information sent to its users does not contain commercial advertising and incorporates simple and explicit mechanisms to stop receiving such emails. However, the use of some services can only be done through subscription, registration or contracting by the user, and in some cases through payment of a price for service received or charge as compensation for service provided. In the event that any cost or price is generated for service, charged to the user, when requesting a non-free service and with a cost or price to pay, the user will be clearly notified; their approval and authorization will be required for this charge to proceed. REQUIREMENTS FOR REGISTRATION AS AN AGENCY The Agency must have a municipal license in the name of the legal entity. The Agency must have a commercial location. The Agency must have a fiscal account in national currency The Agency must be a legally constituted legal entity. The Agency must have a signed exclusive sales option contract with the owner of the property published on this platform. SANMIGUELMLS.COM reserves the right to admit any user, individual, agent and/or agency without having to give any explanation. REQUIREMENTS FOR REGISTRATION AS AN AGENT The Agent must have a signed contract with the owner of the property published on this platform. The Agent must have provide a verifiable local phone number and address. The Agent must have a fiscal account in national currency. SANMIGUELMLS.COM reserves the right to admit any user, individual, agent and/or agency without having to give any explanation. REQUIREMENTS FOR REGISTRATION AS “FOR SALE BY OWNER” The registered Individual must have have a property title in their name. The registered Individual must provide a verifiable local phone number and address. The registered Individual must have a fiscal account in national currency. The registered Individual must have the full and clear legal right to sell the property published on this platform. SANMIGUELMLS.COM reserves the right to admit any user, individual, agent and/or agency without having to give any explanation. USER ACCOUNT, PASSWORD AND SECURITY After completing the registration process, the user will determine his or her own password and a User Name to access his or her account. The user will be responsible for maintaining the confidentiality of the password and the account, and will also be solely and absolutely responsible for all activities that occur under his or her password or account. The User agrees to immediately notify SANMIGUELMLS.COM of any unauthorized use of his or her password or account or any other breach of security, and to ensure that his or her account is closed at the end of each session. SANMIGUELMLS.COM will not be responsible for any loss or damage resulting from his or her failure to comply with the provisions of this article. SANMIGUELMLS.COM reserves the right to reject any registration request or to cancel a previously accepted registration. DESCRIPTION OF SERVICE SANMIGUELMLS.COM provides users with access to a comprehensive list of classified ads, purchasing services, through its Multiple Property Listing Service (MLS), the “Service” which can be accessed through various means or devices known to date or that may be developed in the future. The user understands and accepts that the service may include advertising and that advertising is necessary for SANMIGUELMLS.COM to provide the service. The user also understands and accepts that the Service may include certain communications from SANMIGUELMLS.COM, such as service announcements, administrative messages and the SANMIGUELMLS.COM Newsletter, and that these communications are considered part of the SANMIGUELMLS.COM membership. SANMIGUELMLS.COM

Terms of Service

THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TOS”) GOVERN YOUR USE OF THIS WEBSITE AND RELATED SERVICES PROVIDED BY SANMIGUELMLS.COM.  PLEASE READ THE “TOS” CAREFULLY BECAUSE IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND SANMIGUELMLS.COM. BY USING OR LOGGING INTO THE SITE, YOU ARE AGREEING TO THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS YOU ARE NOT PERMITTED TO USE THE WEBSITE OR SERVICES. 1. General Information Welcome to SANMIGUELMLS.COM. SANMIGUELMLS.COM is a FREE AND OPEN Multiple Listing Service. It provides tools for the promotion of real estate for sale by real estate professionals and “for sale by owner”s, and for the public to search for property, and create reports. Access to the MLS Content (defined below) is provided through the Internet via end-user web-based software (“Service”). In addition, SANMIGUELMLS.COM makes available a portion of the Service accessible to the general public without a subscription. The following Terms of Service, together with any documents they expressly incorporate by reference collectively, govern your access to and use of our Web sites and the related Service offered by SANMIGUELMLS.COM (collectively, the “Site”), including any content, functionality and services offered on or through the Site, whether as a guest or a user. “We,” “us” and “our” means SANMIGUELMLS.COM and its affiliates. When using SANMIGUELMLS.COM services, you are subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. SANMIGUELMLS.COM may offer other services from time to time that may be governed by different Terms of Service. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new SANMIGUELMLS.COM properties, will be subject to these TOS. You are responsible for obtaining access to the Service. Access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. PLEASE BE ADVISED THAT SANMIGUELMLS.COM DOES NOT: (A) REPRESENT INDIVIDUALS OR ENTITIES IN PURCHASING, SELLING OR LEASING, OR OTHERWISE AQCUIRING OR DISPOSING OF REAL ESTATE; (B) MAKE, SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST INDIVIDUALS OR ENTITIES IN OBTAINING LOANS TO PURCHASE REAL ESTATE; OR (C) PROVIDE LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH REAL ESTATE TRANSACTIONS. INDIVIDUALS AND ENTITIES SEEKING THESE TYPES OF SERVICE SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. 2. Grant of License SANMIGUELMLS.COM hereby grants you a limited, revocable, non-exclusive license to use the portions of the Site to which you have been provided access, solely in accordance with and subject to these TOS.  SANMIGUELMLS.COM reserves all rights not expressly granted to you in these TOS. 3. SANMIGUELMLS.COM’ Privacy Policy All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We do not rent, sell or share any personally identifiable information on individual consumers. 4. No Liability for Content “MLS Content” means any documents, materials and images compiled by SANMIGUELMLS.COM and made available on the Site, including but not limited to listing data, text, graphics, files, photos, software, audio, video, trademarks and copyrightable materials.  SANMIGUELMLS.COM does not control the information posted via the Service. Accordingly, SANMIGUELMLS.COM assumes no responsibility for and does not warrant or guarantee the completeness, accuracy, integrity, quality or reliability of any MLS Content included in the Service. Under no circumstances will SANMIGUELMLS.COM be liable in any way for any content, including but not limited to, for any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted or otherwise made available via the Service. The Site may contain robot exclusion headers. You acknowledge that you may not rely on MLS Content created or provided by SANMIGUELMLS.COM. 5. Third Party Content, Product and Services This Site may contain content that is owned or licensed by a third party. SANMIGUELMLS.COM is not responsible for, and does not warrant or guarantee the completeness, accuracy or reliability of such third party content. The existence of third party content on this Site is not and should not be construed as our endorsement, approval or sponsorship of the third party or its content unless expressly indicated. You may be subject to additional terms and conditions that may apply when you use the products and/or services of a third party. We are not responsible for any loss or damage of any sort sustained from any dealings between you and a third party or from the inclusion or presence of such third party on the Site. 6. Links This Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SANMIGUELMLS.COM has no control over such sites and resources, you acknowledge and agree that SANMIGUELMLS.COM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that SANMIGUELMLS.COM will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource. 7. Indemnity You agree to indemnify and hold SANMIGUELMLS.COM and its subsidiaries, affiliates, officers, agents, directors, employees, co-branders or other partners and vendors harmless from any claim, action or demand, loss, costs and expense, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service or your violation of any rights of another, or any negligent acts or omissions of you or your agents or contractors. 8. No Resale of Service You agree not to modify, reproduce, duplicate, copy, sell, resell or exploit the Service for any commercial purposes, or create Derivative Works from the Service or any portion thereof, without our prior written consent. “Derivative Work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.  A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work.” 9. Modifications and Termination of Service SANMIGUELMLS.COM reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site with or without notice. You agree that SANMIGUELMLS.COM will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. 10. Intellectual Property Rights The Site and MLS Content are owned by SANMIGUELMLS.COM its licensors or other providers of such material and are protected by international, federal, state and local copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the MLS Content is expressly prohibited. If you believe that your intellectual property rights have been violated by SANMIGUELMLS.COM or by a third party who has uploaded content on our Site, please provide the following information to the designated copyright agent listed below: 1. A description of the copyrighted work or other intellectual property that you claim has been infringed; 2. A description of where the material that you claim is infringing is located on the Site; 3. An address, a telephone number and an e-mail address where SANMIGUELMLS.COM can contact you and, if different, an e-mail address where the alleged infringing party, if not SANMIGUELMLS.COM, can contact you; 4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; 5. 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; and 6. Your electronic or physical signature. SANMIGUELMLS.COM may request additional information before removing any infringing material. SANMIGUELMLS.COM may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. SANMIGUELMLS.COM has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you wish to notify us of Content or postings on this Site that may result in copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512 or other intellectual property infringement, please e-mail your notification to our designated agent at legal@SANMIGUELMLS.COM. 11. Trademark Information SANMIGUELMLS.COM, the SANMIGUELMLS.COM logo, and other SANMIGUELMLS.COM logos, product and service names are trademarks and service marks of SANMIGUELMLS.COM(the “SANMIGUELMLS.COM Marks”). You agree not to display or use in any manner, the SANMIGUELMLS.COMs Marks without SANMIGUELMLS.COMs’ prior permission. 12. Disclaimer of Warranties YOUR USE OF AND RELIANCE UPON THE SERVICE, THIS SITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SANMIGUELMLS.COM 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.  SANMIGUELMLS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. ANY MATERIAL YOU OBTAIN THROUGH THE USE OF THE SERVICE IS 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SANMIGUELMLS.COM OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 13. Limitation of Liability; Remedies YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEITHER SANMIGUELMLS.COM NOR ITS SUPPLIERS OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SANMIGUELMLS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM: a. THE USE, RELIANCE, OR THE INABILITY TO USE THE SERVICE OR CONTENT; b. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; c. ANY ERROR OR OMISSION; OR d. ANY OTHER MATTER RELATING TO THE SERVICE. 14. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. 15. Interruption of Service The Site and access to the content of the Site may from time to time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for service or changes to the Site, or otherwise. You agree that we will have no liability of any nature to you or any third party for any modifications to the Site, and any interruption or unavailability of access to the Site or its content. 16. Notice SANMIGUELMLS.COM may make changes to the TOS from time to time, without notice. The Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 17. Additional Details These TOS govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use other SANMIGUELMLS.COM services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and SANMIGUELMLS.COM are governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of SANMIGUELMLS.COM to exercise or enforce any right or provision of the TOS is not a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. We reserve all rights not expressly granted or addressed herein.