2. Acceptance of These Terms of Service
3. Disclaimer Regarding Links.
We are not responsible for the availability of any Other Site to which this Site links. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Other Site nor do we endorse Other Sites. Please direct your concerns to that Other Site’s webmaster or appropriate contact.
4. Intellectual Property Rights Ownership and Notification.
5. Use Restrictions.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including, but not limited to software, products or services obtained from this Site. However, you may reprint Newsletter articles in any form as long as the author is recognized.
6. Forums, Chat Areas, Blogs and/or Other Message or Communication Services.
Southern MLS may provide Forums, Chat Areas, Blogs, and/or Message or Communication Services, collectively known as “Communication Services,” which are designed to enable you to communicate with others.
You acknowledge that the Communication Services are for public and not private communications, and that you have no expectation of privacy with regard to any submission to a public forum. We cannot guarantee the security of any information you disclose through any of these Communication Services; you make such disclosures at your own risk.
To post comments to our blog posts you are required to provide your name, email address, and website URL. You must provide Southern MLS with current, complete and accurate information as prompted by the comment form.
You agree to use the Communication Services only to post, send and receive messages, and material that are proper and, when applicable, related to the particular Communication Service. You agree that when using the Communication Services, you will not:
Southern MLS does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting your materials you are granting Southern MLS permission to use your materials in connection with the operation our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; and to publish your name and country of residence in connection with your materials.
No compensation will be paid with respect to the use of your materials, as provided herein. Southern MLS is under no obligation to post or use any materials you may provide, and it may remove any materials at any time in its sole discretion.
Southern MLS is not responsible for, and does not endorse the opinions, advice or recommendations posted or sent by users in any Communication Service and we specifically disclaim any and all liability in connection therewith.
You are and shall remain solely responsible for the Content that you distribute on or through any Communication Service under your name or otherwise by you and for the consequences of submitting and posting the same.
Southern MLS has no obligation to monitor the Communication Services. However, Southern MLS reserves the right to review materials posted to the Communication Services and to remove, edit, move or close any topic or any materials in its sole discretion. Southern MLS reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Southern MLS shall not be held responsible for any attempt that may lead to the Communication Service data being compromised.
7. Liability Disclaimer.
You use this Site at your own risk. Your use of the Content provided here is also used at your own risk.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
8. Warranty Disclaimer.
You expressly understand and agree that this Site and the information and Content available through this Site are provided on an “as is” “as available” basis. Southern MLS does not warrant that this Site will be uninterrupted or error-free, and Southern MLS makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site. Southern MLS expressly disclaims any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the information available through this Site are always subject to change.
Nothing on this Site is intended to be, or is to be construed, as legal advice. If you have legal questions, please contact your legal counsel.
9. Changes to the Site.
Southern MLS may make changes or improvements to the Content, information, services, products or other materials on this Site at any time without notice.
11. Jurisdictional Issues
We operate and control our Site from our offices in the United States of America. We do not represent that materials on this Site are appropriate for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The parties agree to use the alternative dispute resolution procedure set forth herein as the sole means of resolving any disputes arising out of this Agreement and the rights and obligations of the parties hereunder. The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly and initially between the parties by negotiation. If a dispute is not resolved by negotiation, the parties agree to participate in at least four (4) hours of mediation in accordance with the mediation procedures established by the mediation services provider chosen by the parties in ORLEANS PARISH, LOUISIANA. The parties agree that their participation in mediation is a condition precedent to any party pursuing any other available remedy in relation to the dispute. Any party to the dispute may give written Notice to the other parties of their desire to commence mediation and a mediation session must take place within thirty (30) days after the date such Notice is given. The parties agree to equally share the cost of the mediation which costs shall not include costs incurred by a party for representation by counsel at the mediation. In the event the dispute is not resolved by mediation, the parties agree to arbitrate the dispute in accordance with the rules, processes and procedures of the American Arbitration Association office located in ORLEANS PARISH, LOUISIANA and if there is none, such other mutually agreeable arbitration service located in ORLEANS PARISH, LOUISIANA. All parties shall share the costs of the arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award or fails to comply with the arbitrator’s award the other parties are entitled to costs of suit, including reasonable attorney’s fees for having to compel arbitration or defend or enforce the award.
This Agreement shall be governed by and construed in accordance with the laws of the state Louisiana, without regard to conflict of law principles, thereof, and be limited to the exclusive jurisdiction and venue of the state or federal courts located in the parish of Orleans, Louisiana and shall benefit and be binding upon the parties hereto and their respective successors and assigns.
This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site.
Any failure by Southern MLS to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.