Missoularealestate.com (the "Website") and the mobile app known as MembersPlus are an online access point to services of the Missoula Organization of REALTORS® (MOR), that provides electronic content and information to its Members. The service is provided under the terms and conditions of the "Terms of Use" set forth below, which sets forth the rights and obligations of MOR and the online users.
Acceptance of Terms
Your use of this site and mobile apps constitutes your agreement to abide by these Terms of Use. MOR reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree to review these Terms of Use on a periodic basis. MOR shall not be responsible for any costs you may incur in obtaining equipment or service to access the Internet or the mobile app.
In consideration of your use of the Website and mobile app, you agree to: (a) maintain and promptly update any information you provide to MOR, to keep it accurate, current and complete; and (b) accept all risks of unauthorized access to the information.
You agree that you will not use the Website or the mobile app to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be an authorized representative of MOR or someone else, or spoof someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website or mobile app; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (g) collect or store personal data about others.
Privacy
User Names, Passwords and certain other information about you is subject to our Privacy Policy. You are encouraged to review MOR’s privacy policy.
Member Account, Password, and Security
Please be aware that certain areas on this Website are available only to persons who are members of MOR and who have been provided a username and password by MOR. You are responsible for maintaining the confidentiality of your username and password and shall be responsible for all uses of your username, whether or not authorized by you. You agree to immediately notify MOR of any unauthorized use of your username and password.
Special Guidelines for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the use of and downloading from the Website.
General Practices Regarding Use, Storage and Modifications
You acknowledge that MOR may establish general practices and limits concerning use of the Website, including limiting the maximum number of days that content will be retained or restricting content that may be uploaded. You acknowledge that MOR reserves the right to change these general practices and limits at any time without notice. You agree that MOR may terminate your account username and password, or use of any part of the Website, and remove and discard any content, as outlined in MOR’s Policies. MOR may change, suspend or discontinue any portion of the website, or the entire website, at any time, and may impose limits on the use of or access to certain features or portions of the website, in any case without notice or liability.
Links
MOR or third parties may provide links to other internet sites or resources. MOR is not responsible for their availability, content, advertising, products, or other materials on or available from them. Nor is MOR responsible for any costs you may incur in obtaining information or content from any third party site.
Proprietary Rights
You acknowledge and agree that the Website and any necessary software used to provide such service may contain proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that content presented to you through the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MOR, you agree not to duplicate, copy, modify, rent, lease, loan, sell, re-sell, distribute or create derivative works based on the Website or its software.
MOR hereby grants you a personal/individual, non-exclusive, non-assignable and non-transferable license to use and display any of the material that you may download from this site, provided, however, that you must maintain all copyright and other notices contained in such downloaded material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the downloaded material and that no title to any downloaded material has been or will be transferred to you from MOR or anyone else. You agree not to redistribute or use any downloaded material for any purpose not associated with your business relationship with MOR. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the downloaded material.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOR WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH THE INFORMATION SERVICE AND TO ENSURE THAT ALL CONTENT AND/OR INFORMATION WILL BE SECURE. DESPITE SUCH EFFORTS, THERE MAY BE TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL AND/OR OTHER ERRORS. MOR RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. MOR DOES NOT GAURANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, “WORMS”, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS, OR FROM INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE WEBSITE AND THE INFORMATION ON IT IS AT YOUR SOLE RISK. THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) MOR IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON IT. THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. MOR IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY EIM OR ANYONE ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL EIM'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOR SHALL NOT 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 MOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR FOR OMISSIONS OR INACCURACIES IN THE WEBSITE CONTENT, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR MESSAGES RECEIVED THROUGH OR FROM THE WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
MOR WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH MOR DOES NOT HAVE DIRECT CONTROL. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO: (i) THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, (ii) TELEPHONE OR OTHER INTERCONNECT PROBLEMS, (iii) BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, (iv) THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, (v) PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK, (vi) PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, (vii) PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE, OR (viii) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES. EIM IS ALSO NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT MOR'S ABILITY TO PROVIDE THE SERVICE ON THE TERMS AND CONDITIONS PROVIDED HEREIN DEPENDS UPON THIS LIMITATION OF LIABILITY AND THEREFORE SUCH LIMITATION ALLOWS AN EXPLICIT BENEFIT TO YOU, NAMELY THE PROVISION OF THE WEBSITE AND ITS CONTENT UPON THE BASIS DESCRIBED HEREIN.
Indemnification
You agree to indemnify and hold MOR, its subsidiaries, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or mobile app, the violation of these terms by you, or the infringement by you, or any other subscriber of your account, of any intellectual property rights or other right of any person or entity except to the extent caused by the negligence or wrongful act or omission of MOR.
Copyrights and Copyright Agents
MOR respects the intellectual property of others, and we require that you do the same. If you believe that material appearing on or posted to our site infringes your copyright rights, please provide MOR's CEO with the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the site; d. Your address, telephone number, and e-mail address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Effective as of August 26, 2022.