to access the MLS® Data of the Chatham-Kent Association of REALTORS®
In making an application to become a Subscriber Member (defined below) to access the Multiple Listing Service® (“MLS®”) System (defined below) and to the MLS® Database (defined below) of the Chatham-Kent Association of REALTORS® (“CKAR”), you hereby agree to the terms of this Subscriber Agreement, which are as follows:
1. In addition to all the information you have provided in the application, you represent and warrant that,
(a) All information you have provided to CKAR on the application is current and true in substance and in fact.
(b) You are and will continue to be a member in good standing with(i) a real estate board in Ontario (your “Home Board”) and the Real Estate Council of Ontario; or (ii) the Appraisal Institute of Canada or the Canadian National Association of Real Estate Appraisers.
You will notify CKAR as soon as possible if(i) your membership with your Home Board, any other real estate board, the Real Estate Council of Ontario, Appraisal Institute of Canada, or the Canadian National Association of Real Estate Appraisers is terminated, suspended, or revoked for any reason whatsoever; (ii) if you transfer any membership or designation to another board or association; or (iii) if there is any change related to your status with any board or association or your designation with any board or association.
(c) You do not owe any money to or there are no unpaid penalties assessed against you by CKAR, your Home Board, or any other board or association.
If the application is approved by CKAR, and subject to your full payment of the application fee, you will become a“Subscriber Member” hereunder and will be granted, for the specified Term (defined below) and any renewal Terms thereafter, the sole non-transferable and revocable right to access, in the form of read-only access, the MLS® Database and the non-transferable and revocable right use the MLS® Data contained within the MLS® Database. The following terms are defined as follows:
(d) “MLS System” refers to the co-operative system of CKAR Realtors® containing the MLS® Database created and maintained by CKAR;
(e) “MLS® Database” refers to the database of MLS® listings and trades that forms part of the MLS® System (define below), which includes any content gathered, compiled, stored, or published by CKAR, in whatever format it is gathered, compiled, stored, or published by CKAR; and
(f) “MLS® Data”, which is any information that is part of the MLS® Database.
2. The MLS® System, MLS® Database, and MLS® Data are protected by copyright laws and are licensed products for the exclusive access to or use of Subscriber Members. Access to MLS® Data is provided only to assist Subscriber Members in preparing presentations for and representing a specifically identified customer in a trade. Any unauthorized access to or use of the MLS® System, MLS® Database, or anyMLS® Data is prohibited. As a Subscriber Member, you will not (a) access or use the MLS® System, the MLS® Database, or any MLS® Data for any unauthorized purposes; (b) exceed any authorized access or use; and (c) extend access to the MLS® System or MLS® Database to anyone not specifically authorized by CKAR.
3. The term of this Subscriber Agreement will be equivalent to the number of full calendar quarters that have been prepaid as described on the application (the “Term”). The Term commences on the first day of the applicable, prepaid quarter. The minimum Term of this Subscriber Agreement will be one full calendar quarter. Fees will not be pro-rated for any period less than the minimum Term. Any fee paid pursuant to this Subscriber Agreement to become a Subscriber Member is non-refundable. At the end of the applicable Term, this Subscriber Agreement will expire unless additional, renewal Terms are prepaid.
4. The MLS® System, MLS® Database, and the MLS® Data are confidential, and MLS® Data may be subject to privacy law. You will abide by all privacy laws, including, but not limited to, keeping all personal information confidential.
5. CKAR will provide you, provided you are a Subscriber Member, an access code to access the MLS® System and the MLS® Database. You must keep such access codes confidential and the sale, distribution, or disclosure of such access codes to any third party is prohibited.
6. You must abide by the following:
(a) all applicableCKAR MLS® rules and regulations, including, but not limited to, any policies as they may exist from time-to-time relating to the MLS® Service; a copy of CKAR’s MLS® rules and regulations will be made available to you when this application is approved, and you will review such MLS® rules, regulations, and policies prior to accessing or using the MLS® System, the MLS® Database, and any MLS® Data;
(c) all restrictions, copyright notices, or other limitations of access to or use of the MLS® System or MLS® Database.
7. CKAR may terminate this Subscriber Agreement or suspend your access to or use of the MLS® System, the MLS® Database, or any MLS® Data without notice or explanation if, in the sole opinion of CKAR, your access to or use of theMLS® System, the MLS® Database, or any MLS® Data is unauthorized or has exceeded your authorized access or if you have breached any representation or term of this Subscriber Agreement. The termination of this Subscriber Agreement does not release you from any obligation incurred by you that has arisen in connection with this Subscriber Agreement; and this termination is in addition to CKAR’s right to pursue other remedies against you through your Home Board, in the courts, or elsewhere.
8. You acknowledge and agree that access to and use of the MLS® System, the MLS® Database, or any MLS® Data is solely at your risk, and that CKAR will not be liable for any indirect, special, and consequential damages (including, but not limited to, loss of profits, use, or revenue; business interruption; or loss or corruption of data) or liability arising out of, or in any way connected with, this Subscriber Agreement, regardless of the cause of action and even if CKAR was advised of the possibility of such damages or liability, or even if such damages or liability would be reasonably foreseeable.In no event will CKAR’s aggregate liability to you for any and all claims arising in connection with these terms exceed the amounts paid by you to CKAR in the three-month period preceding the date of the claim.
9. This Subscriber Agreement constitutes the entire understanding between the parties regarding the subject matter of this Subscriber Agreement. CKAR may amend this Subscriber Agreement at any time. Upon any material amendment, CKAR will notify you of said amendment by emailing you with the email you provided on the application. Continued access to or use of the MLS® System, the MLS® Database, and any MLS® Data will be deemed acceptance of any such amendment. This Subscriber Agreement may be signed electronically and in counterparts.
10. You will not assign this Subscriber Agreement to any person and any purported assignment is void.
11. Ontario law governs the construction and enforcement of this Subscriber Agreement, and you will bring any adverse proceeding related to this Subscriber Agreement against CKAR in the applicable courts located in London, Ontario.
12. If any provision of this Subscriber Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree that any invalid provision will be deemed to be restated so as to be enforceable to the maximum extent permissible under law consistent with the original intent and economic terms of the invalid provision.
13. You hereby consent to CKAR collecting, using, disclosing, and retaining your personal information for the purpose of this Subscriber Agreement.
By clicking the checkbox, “I agree”, you are hereby (a) acknowledging that you have read and agreed to this agreement, and (b) agreeing to the terms of this Subscriber Agreement.
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