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The MLS™ Yellow Pages – Terms of
Use
The MLS™Yellow Pages Service Agreement
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| 1.0 |
ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT
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| 1.1 |
The MLS™ Yellow Pages Service (the “Service”),
is owned and operated by The Combined L.A./Westside Multiple Listing Service,
Inc., (“The MLS™/CLAW and/or The MLS™”) and is provided to (“you” or “User”)
under the terms and conditions of this “The MLS™ Yellow Pages Service
Agreement” (the “Agreement”), which may be amended or modified from time to
time by The MLS™/CLAW without notice to you.
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| 1.2 |
BY AGREEING TO THIS Agreement and/or by using
the Service, you represent and warrant that you will provide true, accurate,
current and complete information in your registration for the service, that you
will comply with all Terms of Use as set forth in this Agreement and elsewhere
on this website, and that you will be bound by all terms and conditions hereof
and thereof.
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| 2.0 |
DESCRIPTION OF THE SERVICE
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| 2.1 |
The MLS™ Yellow Pages is a fee-based service
provided by The MLS™/CLAW. Each business that registers for the Service
receives placement on The MLS™ Yellow Pages site of business listings that
includes details about its business such as location, telephone numbers, hours
of operation, accepted payment methods, a link to its company website or that
of a related business, a “Map” link including driving directions delivered via
Map Quest or an alternate provider selected by The MLS™, and other pertinent
information that is specified by the user. The MLS™ reserves the right, in its
sole discretion, to restrict from time to time the types of information,
products, and services that may be included.
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| 2.2 |
All listings submitted to the Service must meet
the following minimum criteria:
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The business must provide a current street address and/or web
address and may include additional information about the products and services
offered including but not limited to: hours of operation, credit cards
accepted, special offers and/or other information that is valuable to the User.
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The listing and the web site(s) at the URLs
included as part of the listing, if any, must not contain any content,
products, services, or other information that may be illegal to sell under any
applicable law, statute, ordinance, or regulation, or that may infringe on or
violate the rights of any person or entity, or that may be inflammatory,
offensive, or otherwise inconsistent with the spirit of the Service or the
policies of The MLS™/CLAW in effect from time to time. All determinations made
by The MLS™/CLAW, in its sole discretion, regarding any of those or any other
matters respecting the Service shall be final and binding on the User, and the
User agrees to comply therewith.
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The MLS™/CLAW in its sole discretion, may consider other criteria
and may, for any reason, refuse or terminate any submission, before or after
placement on the Service.
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| 3.0 |
MEMBER ACCOUNT, PASSWORD AND SECURITY
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You will receive a password and account upon
completing The MLS™ Yellow Pages registration process. You are responsible for
maintaining the confidentiality of the password and account. You agree that you
will be fully responsible for all activities that occur under your password or
account. In the event you discover unauthorized access to or use of your
account or password, you must notify The MLS™/CLAW immediately. You are
entitled and authorized to make use of the password and account solely for
purposes within the scope of this Agreement such as; making payments, viewing
usage reports, editing your information, and changing your graphics at any time
during the term of your Agreement.
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| 4.0 |
PAYMENT TERMS
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The MLS™ Yellow Pages will register your listing once
you submit a valid credit card number and associated information (Visa,
MasterCard and American Express accepted) as part of the registration
form. You agree that your credit card will be charged the total due
specified, depending upon the package you have selected, either “Basic” or
“Premium”, including all additional charges for category not included in your package. All fees are non-refundable and
non-creditable.
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| 5.0 |
SERVICE TERM, RENEWAL AND TERMINATION
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| 5.1 |
The term of this Agreement shall be for a period of
twelve (12) months commencing on the date you submit your registration for
the Service.
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| 5.2 |
Approximately thirty (30) days prior to the
expiration of the initial term of this Agreement you will be sent a renewal
notice via regular mail and/or email. You may submit your renewal online using
your secure account, password, and valid credit card information. Subsequent to
your renewal date, you will be given a fifteen (15) day grace period to renew
your Ad. If at the end of this grace period you have not renewed your
Ad, your listing with The MLS™ Yellow Pages will automatically be deleted
without further notice. Whether or not you receive any notice, you are
responsible for keeping track of the expiration of the term of this Agreement
and for renewing the Service if you decide to do so. Service rates, terms,
conditions and/or The MLS™ Yellow Pages attributes are subject to change from
time to time without notice. To qualify for placement, continuation or renewal,
the listing must be in compliance with the terms and conditions of this
Agreement and elsewhere on this website, and with the policies of the Service
in effect from time to time. The MLS™/CLAW reserves the right to review any
listing for compliance with this Agreement and such policies as part of the
renewal process and/or at any time.
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| 5.3 |
After the expiration of the initial term, either
party in its sole discretion may terminate this Agreement. If you terminate
this Agreement prior to the initial pre-paid twelve (12) month term or any
renewal term, your listing will be deleted from The MLS™ Yellow Pages within 24
hours and you will not receive a refund or credit.
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| 6.0 |
DISCLAIMER OF WARRANTIES AND LIABILITIES;
LIMITATION ON CLAIMS AND DISPUTES; JURISDICTION AND VENUE
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| 6.1 |
The Service is provided without warranty of any kind,
express or implied, to the maximum extent permitted by law. The
MLS™/CLAW, its affiliates, their respective officers, directors, managers,
employees, contractors and agents (“The MLS/CLAW Parties”) do not
guarantee, warrantee, promote, endorse nor shall they be held responsible
for any listing including any information or its presentation, or the
products and services offered, including its accuracy, currency, content,
quality, copyright, compliance, or legality.
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| 6.2 |
In addition, The MLS™/CLAW Parties make no
warranty that (i) the Service will meet your requirements, (ii) the Service
will be uninterrupted, timely, secure or error-free, (iii) the results that may
be obtained from the Service will be accurate or reliable, (iv) the quality of
any products, services, information, or other materials purchased or obtained
by you through the service will meet your expectations.
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| 6.3 |
The MLS™/CLAW does not investigate, represent, or
endorse the accuracy, legality, legitimacy, validity or reliability of any
(i) offers, coupons, or other promotions or materials contained or
provided on or through, distributed through, or linked, downloaded or
accessed from any of the services contained or provided on or through the
Service, or the quality of any product or service, information or other
materials displayed, purchased, or obtained by you as a result of an
advertisement or any other information or offer in connection with the
Service.
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| 6.4 |
The MLS™/CLAW does not investigate or assume
responsibility for enforcing licensing requirements or other compliance
with respect to licensed professions or trades prior to publishing
advertisement.
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| 6.5 |
All data on any products, services or promotions
listed by an advertiser including without limitation the prices and
availability of any product or service or any feature thereof, is subject
to change at any time and from time to time, without notice, by the party
offering or providing the product, service or promotion.
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| 6.6 |
The MLS™/CLAW reserves the right, in its sole
discretion, without notice, and without any obligation, to make
modifications or improvements to any portion of the Service.
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| 6.7 |
You acknowledge and agree that in no event shall
The MLS™/CLAW Parties be liable to you or any other person or entity for any
direct, indirect, incidental, special, consequential, punitive or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses, whether resulting from: (i) the use or
inability to use the Service; (ii) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services purchased
or obtained or messages received or transactions entered into through or from
the Service; (iii) unauthorized access to or alteration of your transmissions,
data or account; (iv) statements or conduct of any third party concerning the
Service or this Agreement; or (v) any other matter relating to the Service.
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BY REGISTERING FOR OR USING THE SERVICE,
YOU ACKNOWLEDGE AND AGREE THAT:
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| (A) |
THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT OR SET FORTH BY THE MLS™/CLAW ELSEWHERE ON THIS WEBSITE CANNOT BE
MODIFIED OR VARIED BY ANY PERSON ON BEHALF OF THE MLS™/CLAW PARTIES, EXCEPT BY
(i) A WRITTEN AGREEMENT CONTAINING THE MANUAL SIGNATURE OF THE CHIEF EXECUTIVE
OFFICER OF THE MLS™/CLAW , OR (ii) A NOTICE FROM THE
MLS™/CLAW POSTED ON THIS WEBSITE.
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| (B) |
NO OTHER PERSON OR ENTITY HAS THE AUTHORITY TO
MODIFY OR VARY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR OF ANY
NOTICE FROM THE MLS™/CLAW POSTED ON THIS WEBSITE, WHETHER
VERBALLY, IN WRITING OR OTHERWISE.
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| (C) |
ANY NOTICE FROM THE MLS™/CLAW POSTED
ON THIS WEBSITE, INCLUDING ANY SUCH NOTICE MODIFYING THE TERMS AND
CONDITIONS UNDER WHICH THE SERVICE IS PROVIDED, SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING UNLESS A DIFFERENT EFFECTIVE DATE IS SPEFICIFED IN
SUCH NOTICE.
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| (D) |
YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL
TERMS AND CONDITIONS OF THIS AGREEMENT.
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| (E) |
IN NO EVENT SHALL ANY AWARD OR JUDGEMENT FOR
DAMAGES ARISING THROUGH ANY CLAIM, DISPUTE, LAWSUIT OR MATTER ARISING FROM THIS
AGREEMENT OR THE SERVICE EXCEED $1,000.
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| (F) |
ANY CLAIM OR DISPUTE ARISING FROM THIS
AGREEMENT OR THE SERVICE SHALL BE DETERMINED EXCLUSIVELY BY LEGAL ACTION FILED
AND MAINTAINED EXCLUSIVELY IN A COURT OF CONTEMPT JURISDICTION WITH VENUE IN
LOS ANGELES COUNTY, CALIFORNIA.
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| 7.0 |
RESALE OF SERVICE
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You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service, use of the Service or
access to the Service.
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| 8.0 |
THE MLS™ YELLOW PAGES PROPRIETARY RIGHTS;
COPYRIGHT; INTELLECTUAL PROPERTY RIGHTS
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You acknowledge and agree that the Service and
any software used in connection with the Service contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. Without limitation you further acknowledge and agree that (i)
content, advertisements or information presented through the Service or
provided in response to inquiries through the Service may be protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws, (ii) you do not acquire any rights in or to any such proprietary rights,
and (iii) you will comply with and respect such proprietary rights. Except as
expressly authorized in writing by The MLS™ Yellow Pages or specific
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivates based on the Service in whole or in part. The MLS™ Yellow
Pages respects the intellectual property rights of others and we ask and expect
our users to do the same.
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| 9.0 |
VIOLATIONS
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Please report any violations
of this Terms of Use to The MLS™. The MLS™ Yellow Pages website is owned and managed by The
MLS™/CLAW, 822 S. Robertson Blvd., Suite 202, Los Angeles, California,
90035. Telephone (310) 358-1100.
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| 10.0 |
DISCLAIMER
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The MLS™/CLAW may, in its discretion, reject or cancel at any time any proposed or current advertisement based upon quality or level of services or products provided by an advertiser, including based in whole or in part upon ratings obtained through a Better Business Bureau or other organization providing such ratings, using criteria adopted from time to time by The MLS™/CLAW. In such event, The MLS™/CLAW will prorate any advertising fees paid to The MLS™/CLAW and will refund the unused portion of such fees to the advertiser.
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