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Wednesday, March 10, 2010 
Welcome to the Mid-Columbia Listing Service Online Real Estate Database - Serving the Mid-Columbia Region and the Scenic Columbia River Gorge Area 
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Mid-Columbia Area Brokers
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- Current Terms of Use -
PLEASE READ THESE TERMS OF USE BEFORE USING THIS SITE. 

Introduction
The primary purpose of this terms of use agreeement is to protect our users from liability related
to data accuracy. 

MCLS relies on the integrity of it's users and has very few rules. However, we do need to protect
our users from anyone determined to harm our business. The primary penalty at MCLS applies to those
who in our discretion, intentionally and knowingly and repeatedly attempt to harm MCLS and it's
users, not once, but multiple times during a month. See below...

Definitions
For the purposes of this Terms of Use ("TOU") document the following terms will be predefined.

The definition of "MCLS"          : Mike and Rene' Chadwick.
The Definition of "Primary Broker": The user who logs into the site and the users company or 
                                    corporation and the users primary office broker, if applicable.

Binding Agreement
By logging in to this site, the primary broker, agrees to be legally bound by the provisions found
in this terms of use agreement. if the primary broker does not agree with all of the provisions put
forth in this terms of use agreement, the primary broker agrees not to login or otherwise use this
site or any data currently or previously entered into this site. furthermore, use of this site by
any agent, broker or staff of a broker office,constitutes full agreement with these terms of use
for entire broker office and parent companies. Primary Brokers understand and agree that by logging
into this site they are binding their main broker and company to the terms of this agreement.
 
Disclaimer of warranty - Limitation of Liability. 
a. Primary Broker expressly agree that use of the site is at the Primary Brokers sole risk. 
mcls in no case, shall warrant that the site will be uninterrupted or error free; nor do they make
any warranty as to the results that may be obtained from use of the site, or from the information 
contained therein, or as to the accuracy or reliability of any information, service or merchandise 
provided through the site. the site is provided on an "as is" basis without warranties of any kind,
either express or implied, including, but not limited to, warranties of title or implied warranties
of merchantability or fitness for a particular purpose, other than those warranties which are 
implied by and incapable of exclusion, restriction or modification under applicable law.
Additionally, there are no warranties as to the results obtained from the use of the site. 
  
b. This disclaimer of liability applies to any damages or injury caused by any failure of
performance, error, omission, inaccuracy, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of this site, whether for breach of contract, tortious behavior 
(including strict liability), negligence, or under any other cause of action, or for any other
reason, to the fullest extent permissible by law. This does not affect any statutory rights which
may not be disclaimed. Primary Broker specifically acknowledge that MCLS is not liable for the
conduct of third-parties over which it has no control. 

to the fullest extent permissible by law, in no event shall mcls total liability to primary broker or 
affiliates for all damages, losses and causes of action whether in contract, tort (including its own 
negligence) or under any other legal theory (including strict liability) exceed the amount paid by
the  primary broker for accessing this site for 1 day. daily to be computed from monthly dues. this
does not affect any statutory rights which may not be disclaimed. 
 
1. Permitted Use
Primary Brokers("users") whose accounts are active may use this site to research property
currently for sale or previously for sale for the purpose of transmitting information to bona fide
clients. 

2.  Materials Displayed at the Site - Third Party Content
MCLS does not claim ownership of the materials you provide to the MCLS web site. However, by posting,
uploading, inputting, providing or submitting or allowing data of any kind to appear at the MCLS web
site the Primary Broker agrees to grant MCLS the right to use any data that is either currently or
previously on the site in connection with the operation of its Internet business, including and
without limitation, the license rights to: copy, distribute, transmit, display,	redisplay,
reproduce, edit, translate and  reformat data placed at the site. Primary Broker also agree to grant
MCLS the right to publish their name in connection with materials found at the Site.

MCLS is not a publisher of content. Content is supplied by third parties and users of the Site.
Accordingly, MCLS has no more editorial control over such content than does a library, bookstore, or 
newsstand, though we must correct false data when we become aware that a item of data on the site is 
false or has been	misrepresented, in order to protect all other site users. Any opinions, advice, 
statements, services, offers, or other information or content expressed or made available by third 
parties, including information providers and Primary Broker, are those of the respective author(s) 
and not of MCLS. MCLS does not endorse and is not responsible for the accuracy or reliability of data,
opinion, advice or statement made on the site by anyone. 

 3. Changed Terms 
MCLS has the right at any time to change or modify the terms and conditions applicable to use of
the Site, or any part thereof, or to impose new conditions, including, without limitation, adding
fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means including, without limitation,
posting on the site, or by electronic or conventional mail, or by any other means. Any use of the
site by Primary Broker after such notice shall be deemed to constitute acceptance of such changes. 

 4. Infractions.
if in the sole discretion of MCLS, the Primary Broker has knowingly committed repeated or multiple 
posting infractions by using the site and knowingly not sharing all of their listed properties on the
market for more than 10 days, (except where seller has instructed Broker to exclude listing from site)
or by allowing multiple instances of listing data known to be outdated or incorrect, incorrect listing
status or incorrect  current or sold listing data to appear at the Site for more than 96 hours.  
Example, if the current status of multiple property listings has been intentionally been changed to
"Sold" or "Property Not For Sale - Taken Off Market" when MCLS finds, in its sole discretion, that the
property is still being offered for sale by the property owner, The Primary Broker will be deemed to 
have harmed MCLS and agrees to be subject to the penalties provided for in the penalty section. 
Ending Service -  Since service at MCLS is on a month to month basis a primary broker may
choose to have listing removed from MCLS at anytime after providing 1 full calendar month notice.
Primary brokers must maintain existing listngs during that time, including changing status
and sale price of listings. At the end of the the notice period MCLS will delete the primary
brokers listngs and acount passwords. If MCLS finds, in its sole discretion, that the Primary Broker
has not followed this procedure, the primary broker agrees to pay $500 per infraction and 
waives the right to pursue any legal claim related to the infraction.

Any Primary Broker, agent or office staff who continue to login to the site after having made
a written statement to MCLS claiming that they are not subject to some or all parts of
this terms of use, hereby agrees and confirm that all provisions of this and all previous
versions of this terms of use are valid and applicable to them and agree to pay any penalty
provided for in this terms of use and previous revision of this terms of use, without exception.

All Primary Brokers agree to provide 60 days written notice before leaving MCLS. During that
time the primary broke must continue to maintain the accuracy of current listings and post
new listings per rules agreed to by Primary Broker in item number four, Infractions. 

 5. Penalties.
In the event that MCLS finds, in its sole discretion, that Primary Broker has committed multiple 
infractions, the Primary Broker Agrees the Primary Broker agrees to pay $500 per infraction and 
waives the right to pursue any legal claim related to the infraction. Furthermore, If MCLS in its
sole discretion, find that these multiple infractions may in any way have reduced the usability of
MCLS site, or made it more difficult for others users to get complete and accurate data, 
the Primary Broker agrees to pay for all loss of revenue, estimate future loss of revenue and
loss of estimate potential revenue for a 10 year period, as best can be determined by
by an independent accounting firm. 

Any primary broker, agents or office staff who continue to login to the site after having: been
notified in writing that they have committed multi-infractions or been sent an invoice for
having committed multiple infractions do hereby agree and confirm that both the aforementioned
multiple-infractions were and are, valid and applicable to them, and that this terms of use and
any previous revision of this terms of use are and were valid and applicable to them and also  
also agree to waive any right to dispute the enforceability or applicability of any provision
found in this terms of use or any previous revisions of this terms of use, unless prohihited by law, 
without exception.

In the event that MCLS finds, in its sole discretion, that Primary Broker has committed multiple 
infractions, the Primary Broker Agrees to pay $500 per infraction and waives the right to pursue
any legal claim related to the infraction, unless prohihited by law, without exception.

Furthermore, in the event that MCLS finds, in its sole discretion, that Primary Broker has
committed multiple infractions or stops logging into the MCLS service effectively leaving the
service without paying any outstanding invoice or penalty previously accessed, or refuses to pay
any penalty invoice when due, the Primary Broker agrees to provide immediate and continuous access
to all listing data including all data  related to sold property and any data found on Primary
Brokers web site or any site where the Primary broker posts listing data, where the data provided
must be at least  as complete as a typical listing or closed listing found at the MCLS Site,
for a period equal to the length of time the Primary Broker has originally subscribed to the 
listing data at MCLS, without limitation, in a manner deemed by MCLS to be the most convenient, 
including direct database access or web site capture.
   
If in its sole discretion MCLS finds that the Primary Broker is not providing data access in 
the most convenient format or by the most convenient method the Primary Broker agrees to pay a
fine of $500/day and any legal costs, penalties or judgements incurred by MCLS while attempting
to retrieve the required listing data, including the cost of defending itself against and any 
penalty or judgement amount incurred by MCLS while defending itself against any affiliate
of primary broker who makes any claim against MCLS related to primary broker's listing data or
infringed copyrights.


    
6. Late Fees
If any invoice is not paid with in 30 days interest of 1.5% per month will be added to the invoice.
If any invoice is not paid with in 60 days and MCLS takes legal action to collect fines, 
damages or dues the primary broker agrees to pay all legal costs and double the amount 
owed as a penalty.

7. Entire Binding Agreement
These Terms Of Use constitute the entire agreement between MCLS and the Primary Broker with respect
to the subject matter. The Primary Broker agrees that these terms of use supersede all previous
written or oral agreements between parties relating to listing data, MCLS or this site, including 
but not limited to, contemporaneous communications, promises and proposals, whether oral, written or
electronic, with respect to this Site and any information associated with it, without limitation. 

8.  General
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, liability limitations, infractions
and the indemnification provisions set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid enforceable provision that most closely matches the intent of the
original provision, and the remainder of this Agreement shall continue in effect. This Agreement is
governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts sitting in Washington, County of Clark, in all disputes arising out
of or relating to the use of this site. This is a month to month service, if you do not login you
will not receive an invoice at the end of the month, however, you agree to continue to abide by and
be bound to the data and other applicable provisions found in this terms of use document. 
 

 

© 2005 Mid-Columbia Listing Service Copyright and Terms of Use. All rights reserved.