Terms and Conditions
By accessing or using this Website, User agrees to bound and governed by the following to the extent that the following applies to you:
“Broker” means a person duly licensed under the law of the state in which such person is conducing business to represent an owner of real estate in connection with the sale, purchase or lease of real estate.
“Listing” means a listing posted by you – not us – on the Website, and all information attendant thereto.
“Listing Agreement” means a written listing agreement between a Broker and the owner of a real property which authorizes the broker to act as the representative of such owner in connection with the sale or lease of such real property.
“Member” means you in your capacity as a Member who has paid the necessary membership fees in order to have and maintain access to the information available on the Website.
“Member Content” means, separately and collectively, property descriptions, text, photographs, images, videos, graphics and financials, reviews, contact or other information which you as a Member submit to The PLS.
“Non-Member User” means a person – other than a Member – who is using the Website.
“Our” is a reference to something which belongs or refers to us.
“The PLS” means The PLS.com, LLC, a California Limited Liability Company, the owner of the Site.
“The PLS Content” means, separately and collectively, any articles, blog information, reports, financial calculator, property financial information, property comparables, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof and related content which we place on the Website.
“Us” means The PLS.com, LLC, a California Limited Liability Company, the owner of the Site.
“We” means The PLS.com, LLC, a California Limited Liability Company, the owner of the Site.
“You” means the user of the Website.
“Your” is a reference to something which belongs or refers to You and includes both a Member and a Non-Member User.
2. General Provisions – Services
ThePLS.com is a real estate platform provided specifically for Brokers and the agents who perform services for a Broker. In addition, Non-Member Users can access the Site in order to see the listings which have been posted by such Brokers and agents – in this regard see Section 4 below.
NOTE: FOR CONVENIENCE, THE TERM “AGENT” MAY BE USED HEREIN WITHOUT REFERENCE TO THE FACT THAT AN AGENT MUST BE PERFORMING SERVICES FOR A LICENSED REAL ESTATE BROKER IN ORDER TO BE ELIGIBLE TO USE THE SERVICES.
ThePLS.com is an independently owned and operated service and is not affiliated with any Real Estate Agent owned and controlled, or independent MLS Multiple Listing Services. ThePLS.com is a service for Brokers and agents located within the fifty (50) states of the United States of America. The PLS is not involved in any real estate listing or sales activities. The PLS is not a licensed real estate brokerage company.
3. Exclusions Regarding Use Of The Website
A. Sellers. The PLS does not work directly with any potential seller of real estate. If you are an owner of real estate and are interested in selling such real estate, you cannot advertise or “list” your real estate directly on The PLS.com. To add real estate to the properties able to be viewed through the Website, you must be a Broker.
B. Purchasers. The PLS does not work directly with any potential purchaser of real estate. The PLS.com cannot set up any real estate showings or appointments. Please contact the Broker or Agent directly.
The PLS will not discuss, by email or otherwise, any real estate listings that are seen on the Website.
4. Use Of The Site By Non-Member Users
A. Introduction. A Non-Member User can use the Site – at no cost, without becoming a Member – in either of the manners described immediately below. In either case described immediately below, such use of the Site will result in us having your name, address and e-mail.
(1) The Non-Member User can use the Site to search for a listing of real estate (as posted by a Member) without establishing an account. In this regard, the Non- Member User will be able to contract the Member directly with regard to such Member’s posting.
(2) The Non-Member User can use the Site to search for a listing of real estate or agents/brokers representing potential buyers (as posted by a Member) and also establish an account as a Non-Member User and not as a Member. In this regard, the Non-Member User will be able to contact the Member directly with regard to such Member’s posting. In addition, such Non-Member User will be able to rate and comment upon such Non-Member User’s experience with each such Member with whom such Non-Member User contacts .
To the extent that a Non-Member User posts a comment regarding a Member, we reserve the unlimited right to review such comment, and in Our sole discretion to delete such comment if such comment is offensive, out of line or defamatory.
The PLS makes no warranties whatsoever as to the accuracy of members postings.
B. No Endorsement Of Any Broker.
WE DO NOT RECOMMEND OR PROMOTE ANY BROKER.
C. The Real Estate Market/No Promise Of Sale/Dual Agency.If you, as a Non-Member User, contact a Broker, there are several matters which you should consider. The discussion set forth below is not meant to be exhaustive.
(1) WE RECOMMEND THAT A NON-MEMBER USER WHO DESIRES TO SELL REAL ESTATE WHICH IS OWNED BY SUCH NON-MEMBER USER EMPLOY THE FULLEST METHOD FOR EXPOSING SUCH REAL ESTATE TO THE “MARKET”. THIS GENERALLY MEANS ENTERING INTO A WRITTEN “LISTING AGREEMENT” (OR EQUIVALENT) WITH A BROKER. AN INDEPENDENT BROKER WHO IS ADVOCATING FOR YOUR BEST INTERESTS IS THE PREFERRED METHOD OF TRYING TO OBTAIN THE HIGHEST PRICE FOR YOUR REAL PROPERTY.
(2) WHILE IT IS COMPLETELY FREE FOR YOU TO SEARCH THE PLS AND CONTACT AGENTS ON THE PLS, SHOULD YOU ENGAGE AN AGENT FACILITATED THROUGH CONTACT ON THE PLS THAT AGENT MAY INSIST ON CHARGING YOU A COMMISSION FOR SELLING YOUR HOME. ALL MATTERS RELATING TO THE COMPENSATION WHICH YOU AS THE SELLER OF A REAL PROPERTY WILL BE OBLIGATED TO PAY YOUR BROKER IS A MATTER OF AGREEMENT BETWEEN SUCH BROKER AND YOU. WE ARE NOT INVOLVED IN ANY MANNER WITH SUCH AGREEMENT. WE DO NOT RECEIVE ANY COMPENSATION OR COMMISSIONS FROM SUCH BROKER IF AS A RESULT OF SUCH BROKER’S ASSISTANCE THE SALE OF YOUR REAL PROPERTY OCCURS.
(3) IF YOU PROCEED WITH A FORMAL ENGAGEMENT OF A BROKER, SUCH ENGAGEMENT DOES NOT CONSTITUTE A PROMISE BY THE PLS OR CHOOSEN BROKER THAT YOUR REAL PROPERTY WILL BE SOLD AT ALL, OR WILL BE SOLD AT A PRICE WHICH YOU CONSIDER TO BE THE CORRECT OR DESIRED PRICE.
(4) IF YOU PROCEED WITH A FORMAL ENGAGEMENT OF A BROKER AND YOUR REAL PROPERTY BECOMES THE SUBJECT OF WRITTEN OFFER TO PURCHASE, THERE IS NO ASSURANCE THAT YOUR REAL PROPERTY WILL ULTIMATELY BE SOLD OR SOLD AT A PRICE WHICH YOU CONSIDER TO BE THE CORRECT OR DESIRABLE PRICE. DURING THE COURSE OF THE PURCHASE AND SALE PROCEDURE, WHICH IN MANY STATES IS CONDUCTED THROUGH THE USE OF AN ESCROW HOLDER (SOMETIMES REFERRED TO AS AN ESCROW AGENT), THE TERMS AND CONDITIONS OF THE PENDING PURCHASE AND SALE MAY BE MODIFIED IN SUCH MANNER AS THE SELLER AND BUYER MAY AGREE. IN ADDITION, THERE ARE VARIOUS TIMES DURING THE COURSE OF THE PURCHASE AND SALE PROCEDURE WHERE THE SELLER OR THE BUYER IS AFFORDED THE RIGHT TO TERMINATE THE PENDING PURCHASE AND SALE.
(5) IF YOU DO ENGAGE THE SERVICES OF A BROKER, THERE MAY BE INSTANCES WHERE SUCH BROKER ALSO REPRESENTS THE THIRD PERSON WHO IS OFFERING TO PURCHASE A REAL PROPERTY FROM YOU, OR IF YOU ARE A BUYER, TO SELL A REAL PROPERTY TO YOU, AS THE CASE MAY BE. THIS SITUATION IS GENERALLY REFERRED TO AS A “DUAL AGENCY”. IN CERTAIN STATES, A DUAL AGENCY IS NOT PERMITTED. WE DO NOT ENDORSE ANY SITUATION OR RELATIONSHIP WHICH CONSTITUTES A DUAL AGENCY OR SIMILAR SITUATION. THE DECISION TO ENGAGE THE SERVICES OF A BROKER WHO ALSO REPRESENTS SUCH THIRD PERSON IS ENTIRELY A DECISION TO BE MADE BY YOU. ALL MATTERS RELATING TO THE COMPENSATION WHICH YOU AS THE SELLER OF A REAL PROPERTY WILL BE OBLIGATED TO PAY YOUR BROKER IN THE CASE WHERE A DUAL REPRESENTATION EXISTS IS A MATTER OF AGREEMENT BETWEEN SUCH BROKER AND YOU. WE DO NOT RECEIVE ANY COMPENSATION OR COMMISSION OF ANY KIND FROM SUCH BROKER IF SUCH BROKER ASSISTS YOU WITH THE SALE OF YOUR REAL PROPERTY.
5. No Commissions To The PLS
The PLS does not receive any real estate commissions before, during or after any transactions which may be derived, whether directly or indirectly, from the purchase, sale or lease of a real property which was the subject of a posting on the Website.
A. Introduction. Membership privileges are granted by The PLS to individuals exclusively and are granted specifically to the subscribing registered Member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the Website without express written permission from The PLS, and by registering to become a Member.
B. Membership Fees. In order to become a Member, the fee (charged to your credit card) is at your selection (i) $40 per month or (ii) 199 for a 12-month period .
7. Our Communications With Members
The PLS utilizes email as a vital and primary communication channel with one or more Members. As a Member, you hereby acknowledge and grant The PLS the permission to communicate with you via email (as well as other communication channel such as phone) for any purposes The PLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages.
Under no circumstances will The PLS have any liability for sending any email to you. By becoming a Member, you acknowledge and agree that The PLS and any of its affiliates may record telephone and other electronic communications it has with you for The PLS’s internal business purposes, including but not limited to training and quality assurance purposes.
8. Statement 8 – Clear Cooperation Policy
The National Association Of Realtors has issued “Statement 8″ which is effective January 1, 2020. Statement 8 provides as follows:
“Within one (1) day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.”
As a result of Statement 8, your posting with us must occur on a given day so that you can comply with Statement 8 on the immediately following business day Statement 8 does not apply to commercial listings.
YOU ARE SOLELY RESPONSIBLE FOR COMPLYING IN FULL WITH STATEMENT 8.
9. Members Who Represent An Owner And Have Signed Listing Agreement
A. Introduction. This Site is available to a Member who is a Broker and who has a signed Listing Agreement or who is an agent employed by or otherwise engaged by a Broker which has a signed Listing Agreement.
B. Posting Of Information Regarding Real Property. By posting information regarding the real property which is the subject of the Listing Agreement, you are agreeing to the following without further action or consent on your part (except as specified below):
“I hereby agree that I (or the Broker with respect to whom I am employed or otherwise engaged as an agent) have a signed Listing Agreement with the owner of the real property which is the subject of such Listing Agreement and I have separately informed The PLS by adding the name of such owner to the “Add Property” form.
I represent and warrant to The PLS that within one (1) business day after my posting regarding such real property I will add such real property to the applicable multiple listing service which is relevant to the potential sale of lease of such real property.
I acknowledge and agree that the indemnity made by me in favor of The PLS (as set forth in Section 34 of these Terms And Conditions) applies.”
10. Members Who Represent A Potential Purchaser Of Real Property
A. Introduction. This Site is available to a Member who is a Broker, or who is an agent employed by or otherwise engaged by a Broker, and who represents a person or entity who is a potential purchaser of a real property.
B. Posting Of Information Regarding The Potential Purchaser. By posting information regarding parameters which are desired by a potential purchaser of a real property, you are agreeing to the following without further action or consent on your part (except as specified below):
“I hereby agree that I (or the Broker with respect to whom I am employed or otherwise engaged as an agent) represent a potential purchaser of real property and I have separately informed The PLS by adding the name of such potential purchaser to the ‘Add Want” form on The PLS.
I represent and warrant to The PLS that such potential purchaser has been fully vetted by me and that such potential purchaser is fully qualified to purchase real property which corresponds to the parameters set forth in the posting. If requested by The PLS, I will provide adequate written evidence of my representation of such potential purchaser. IF I AM UNABLE TO SO PROVIDE SUCH WRITTEN EVIDENCE, THEN I WILL BE LIABLE FOR THE PAYMENT OF A $5,000.00 FINE TO THE PLS (FOR THE MISUSE OF THE SITE).
I acknowledge and agree that the indemnity made by me in favor of The PLS (as set forth in Section 34 of these Terms And Conditions) applies.”
11. Submission and Administration of Listings
A Member will have the opportunity to submit Member Content to us. In this regard, you represent and warrant that (a) you own or have the full right, power and authority to grant to The PLS use of and rights in and to all Member Content that you upload, post, e-mail or otherwise transmit to The PLS; (b) your license of such Member Content to The PLS hereunder does not, and the use or license of such Member Content by The PLS to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such Member Content; (d) the practice and promotion of ‘pocket listings’ does not infringe on any state laws or MLS rules you as a Member may be subject to, including without limitation Statement 8 as described herein. With respect to all Member Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, The PLS acknowledges that you retain any applicable ownership rights that you may have with respect to the Member Content. You nonetheless grant The PLS and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Member Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that The PLS may preserve any such Member Content, whether submitted in the past or in the future, and may also disclose such Member Content in its sole discretion (including without limitation within other products offered by The PLS and its affiliates). You agree not to submit any Member Content to The PLS unless you has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on your website or on the Website. Specifically, you will not submit a photograph if you received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the Website.
THE PLS STRONGLY RECOMMENDS THAT ALL BROKERS HAVE A FULLY EXECUTED EXCLUSIVE LISTING AGREEMENT SIGNED PRIOR TO UPLOADING ANY LISTING INFORMATION FOR SAID LISTING TO THE PLS.
EACH BROKER AND AGENT ACKNOWLEDGES THAT EVEN IF A BROKER OR AGENT HAS REPRESENTED TO US THAT SUCH BROKER OR AGENT HAS A SIGNED LISTING AGREEMENT, A GIVEN BROKER OR AGENT MAY NOT IN FACT HAVE A SIGNED LISTING AGREEMENTS AND IT IS THE MEMBER’S SOLE DISCRETION TO VERIFY ALL INFORMATION THAT IS SUBMITTED AS CORRECT. BROKERS AND AGENTS ALSO ACKNOWLEDGE THAT SOME LISTINGS MAY BE DUPLICATED BY ONE OR MORE BROKERS AND HAVE MULTIPLE LISTING BROKERS REPRESENTING THEM AT ANY ONE TIME. BROKERS AND AGENT ALSO ACKNOWLEDGE THAT THE PLS ACCEPTS NO LIABILITY WHATSOEVER FOR THE ACCURACY OF ANY MEMBER CONTENT. EACH USER ACKNOWLEDGES THAT SOME OR ALL OF THE INFORMATION CONTAINED IN ANY LISTING COULD BE COMPLETELY FALSE AND INCORRECT.
FURTHERMORE IT IS THE SOLE RESPONSIBILITY OF THE BROKER AND/OR THE AGENT TO VERIFY, CONFIRM AND EXECUTE ALL COMMISSION AGREEMENTS WITH THE LISTING BROKER FOR ANY AND ALL LISTINGS ON THE PLS. THE PLS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT THE VALIDITY OR TRUTHFULNESS OF ANY ADVERTISED COMMISSION AGREEMENT, AMOUNT OR STRUCTURE.
12. None of Our Services Is an Offer or Promise to Sell
The Services do not constitute an offer or promise to sell a specific real property or product for a specific price or an offer or promise that any advertiser or Broker or agent or the person or entity represented by such Broker or agent will sell any product or service for any purpose or price or on any specific terms.
13. Being Honest With Us
14. Use of Certain Information
When you register with us as a Member, you are granting us permission to use your name on the Website and our related social media.
15. Deal with Us in Good Faith
By using the Website to become a Member, you agree that you are signing up for the Services in good faith, and that you mean to use the Services for their intended purposes as real estate information tools and for no other reason. You also agree that you are a Broker or Agent in the jurisdiction in which you conduct real estate activities.
17. Our Rules About Your Data Privacy
18. Our Rules About Your Member Content
You agree to provide accurate, complete, current, and truthful information when you add or edit facts which pertain to the Member Content. You agree not to post, submit, or link to any Member Content or material that infringes, misappropriates, or violates the rights of any third Party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any Member Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
When you provide Member Content to the Website or otherwise, you grant The PLS a royalty-free, perpetual, irrevocable, and fully sub licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your Member Content in connection with our Services. We will not pay you or otherwise compensate you for the Member Content
You acknowledge and agree that any Member Content that you post or submit to The PLS may be redistributed through the Internet and other media channels, and may be viewed by the general public.
19. Information Provided by Real Estate Professionals
If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you and/or to your client.
20. The PLS User Information Provided to Real Estate Professionals
Each Members agrees that such Member will not use any information about other The PLS Members that is available to you or received by you as a result of your use of the Website or the Services (such as without limitation contact information sent to you when another Member contacts you through your listing page) for any reason except to provide such other Member with real estate services. You further agree never to use such information for any illegal or harmful purpose.
21. Intellectual Property and Licenses
A. Introduction. The Website including without limitation the components thereof, constitute our “Intellectual Property”. This means, without limitation that we have valuable and exclusive proprietary/ownership rights with respect to the Website which are protected by applicable trademark, copyright and patent laws of both the United States and any relevant foreign country. As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
B. Your Use Of The Website. Your use of the Website does not entitle you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Website or is used in connection with the Website.
C. Limited License. The PLS.com grants you a non-sublicensable limited license to access and use the Website and Services. This limited license does not allow you to copy or sell our Services, the PLS Content and/or materials derived from the Services and/or the PLS Content; scrape or mine our Website, Services, the PLS Content or materials derived from the Website; or frame any part of the Website, the Services, the PLS Content or materials derived from the Website. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or Services, and to block or prevent future access to and use of the Website or Services.
22. Our Materials Are Protected
The PLS Content, the Services and the Website, including our branding, trade dress, trademarks, trade names and logos (collectively “Materials”), are proprietary property of The PLS.com. To the extent applicable, the Materials are protected by U.S. and international intellectual property laws, including copyright and trademark laws. The Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “The PLS” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of The PLS without our prior express written permission, which may denied in our sole and unqualified discretion.
23. Our Use of Third Parties’ Marks Does Not Imply Endorsement
All trademarks, registered trademarks, product names, and logos appearing on the Website which are not owned by The PLS are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
24. Real Estate Source Images And Related Matters
The PLS does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner unless The PLS owns such source website or information them or licenses the same and shows by some writing or mark on them that The PLS owns or licenses the same. The PLS uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. The PLS does assert copyright and ownership in and reserves all right to all search results, and all data compilations on, through or resulting from searches on or through the Website.
25. Access to Member Content
Each User acknowledges and agrees that while The PLS makes reasonable and diligent efforts to protect the Member Content as it appears on the Website, The PLS has no control over Member Content that can be accessed by third parties such as mortgage companies, title companies, governmental taxing authorities, hackers, data miners, data thieves, without limitation, who may harvest this information from Website in spite of PLS efforts to protect the Member Content. Accordingly, the Member Content may be used by those third parties possibly even to the financial detriment of the Member.
26. Use of Information
You agree to treat The PLS Content as proprietary to The PLS. You agree that The PLS Content will be maintained as confidential and shall be protected as a trade secret of The PLS. The PLS does not ensure the accuracy of, endorse or recommend any of The PLS Content. Your use of The PLS Content is at your own risk.
THE PLS CONTENT IS PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY THE PLS, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
You shall limit access to and use of The PLS Content to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any of The PLS Content that is obtained from the Service, or that is otherwise made available to you in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with The PLS, including without limitation using the Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential User, nor shall you remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in or on the Website or The PLS Content. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy The PLS Content or the Services; or decompiler, decode or reverse engineer The PLS software; or use The PLS products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes.
28. Dual Agency Disclosure
Real estate dual agency is not legal in every state. As a Broker, it is the Broker’s responsibility to verify if this is a legal business practice in such Broker’s respective state. The PLS shall in no way be responsible or liable for any damages or litigation from any you not behaving in accordance to the local real estate agency laws. Also, it is the Broker’s responsibility to assure that by using the PLS, they are not in violation with any MLS rules they may be subject to, including without limitation Statement 8 as described herein.
29. Unsolicited Commercial Email (Spam)
The PLS prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). The PLS has the right to revoke the privileges of any person or entity that breaches these terms.
32. Ownership and License Grant
The PLS retains all rights and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Services. You will not and will not allow others to: reverse engineer, decompiler, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of The PLS technology or delete or alter author attributes or copyright notices. You shall use the Website and the Services solely for your own individual use and shall not share passwords with others or allow others to use Website under or through that your login ID/email and password; nor shall you use the Website to list properties or conduct searches on behalf of other brokerage, research, analyst, sales or other similar personnel.
33. Limitation of Liability
IN NO EVENT SHALL THE PLS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ATTENDANT TO OR ARISING FROM THE USE OF THE SERVICES AND/OR THE WEBSITE OR ANY MATTER PERTAINING TO THE SERVICES OR THE WEBSITE. THIS LIMITATION REGARDING DAMAGES INCLUDES WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE PLS SERVICES, PRIVATE LISTING FUNCTIONALITY OR YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE AND CONFIDENT.
34. Indemnification Of The PLS by You
A. Introduction. Set forth below are the terms and conditions by which you indemnify us in the event that a third party – whether a client of yours, a potential client of yours or otherwise – names us in a lawsuit or otherwise proceeds against us while asserting that your alleged failure or omission, including the failure to fully or properly perform an obligation which such third party believes (however correctly or incorrectly) is owed to such third party, has caused harm to such third party.
“Claim” means a claim, or cause of action, or suit for damages, losses, obligations and/or liabilities (including without limitation, damage to persons, property, or the environment) made against us by a person or entity other than you which:
(i) claims, threatens or asserts that The PLS.com, LLC Group is responsible or liable for damages, losses, obligations and/or liabilities suffered or supposedly suffered by such third party, regardless of the legitimacy of such claim, threat or assertion, and
(ii) either (a) mentions you as being involved or responsible for the supposed harm suffered by the person or entity making the Claim or (b) is believed by us in good faith to be derived in any degree (1) from the actions or omissions of you and/or (2) from the inaccurate representations or misrepresentations which you have made to such other person or entity.
“Legal Proceeding” means any lawsuit, action, legal proceeding or administrative proceeding pertaining to or involving the Claim.
“Negotiations” means all negotiations and the exchange of one or more documents (including e-mails) pertaining to the Claim, including written responses and counter responses, during the course of the Legal Proceeding even if such activities do not lead to a settlement or dismissal of the Claim.
“The PLS.com, LLC Group” means The PLS.com, LLC, a California Limited Liability Company, its subsidiary and affiliated companies, its officers, directors, employees and members, and its successors and assigns, and each of them.
C. Indemnification Of Us By You. If a Claim is made against The PLS.com, LLC Group, then you shall:
(1) Defend the Claim at your sole expense.
(2) Indemnify and hold harmless The PLS.com, LLC Group from and against the Claim (except to the extent that such Claim pertains to or is derived from the actions or omissions of The PLS.com, LLC Group).
(3) Pay The PLS.com, LLC Group on a current basis, all reasonable costs and expenses (including, without limitation, reasonable attorneys’, accountants’ and other professional fees and expenses) incurred by The PLS.com, LLC Group in connection with the Claim, including without limitation such reasonable costs and expenses attendant to the Negotiations.
D. Certain Matters Relating to Your Indemnification.
The PLS.com, LLC Group shall give written notice to you of the Claim. Such notice shall include a copy of the Claim and shall constitute the assertion by The PLS.com, LLC Group that both the defense of the Claim by you and the indemnity of The PLS.com, LLC Group are being sought.
The defense of the Proceeding shall be conducted by legal counsel selected by the reasonable agreement of you and us.
We shall be kept fully informed by you at all stages of the Proceeding.
You shall not make any settlement in or with respect to the Proceeding without our prior written consent of The PLS.com, LLC Group.
Nothing contained herein shall mean or be construed to mean that we shall not have the right to participate in the Proceeding represented by legal counsel unilaterally selected by us.
If you do not assume the defense of the Claim, then we may defend against the Claim, after giving notice of the same to you, on such terms as we may deem appropriate. In such case, (i) you shall be entitled to participate in (but not control) the defense of the Claim and (ii) you shall pay The PLS.com, LLC Group all reasonable costs and expenses (including, without limitation, reasonable attorneys’, accountants’ and other professional fees and expenses) incurred by The PLS.com, LLC Group in connection with the Claim.
If you thereafter seek to question the manner in which The PLS.com, LLC Group defended the Claim or the amount or nature of any such settlement pertaining to the Claim, then you shall have the burden to prove by a preponderance of the evidence that The PLS.com, LLC Group did not defend or settle the Claim in a reasonably prudent manner.
The duty to defend as set forth herein applies even if the final result of the Proceeding is a determination that you were not responsible or liable for the harm or damages suffered by the person or entity who or which made the Claim.
35. Your Exclusive Remedy
A. Members. If you are a member, your exclusive remedy, and The PLS’s entire liability under this Agreement shall be a refund to you of the membership fees paid to The PLS. IN NO EVENT WILL THE PLS’s LIABILITY EXCEED SUCH FEE.
B. Non-Member Users. If you are a Non-Member User, your relationship, if any, is with a given Broker or Agent and not with The PLS. Accordingly, there is no remedy which you might have with regard to The PLS.
36. Sharing Of Information
The PLS may share nonspecific statistical data from the Website with third parties such as Boards of Realtors, Real Estate associations and commissions local, state and national, economists and economic oriented institutions and governmental bodies, and media outlets, without limitation.
You acknowledge and agree that if The PLS is subject to a valid state or federal court subpoenas, or a subpoenas issued by a proper law enforcement entity of department, or a subpoenas of state and federal regulatory agencies, The PLS will be compelled by law and must share specific and nonspecific data with third parties in the manner required by such subpoena.
The PLS does not sell any Member Content to third parties.
37. Warranty Disclaimers
THE SERVICES, AND THE PLS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE PLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND/OR THE PLS CONTENT INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLS MAKES NO PROMISE, REPRESENTATION OR WARRANTY REGARDING THE STATUS AS A PROPERLY AND CURRENTLY LICENSED BROKER OR AGENT OF ANY BROKER, AGENT OR OTHER PERSON WHO USES THE SITE, PLACES MEMBER CONTENT OR OTHER INFORMATION ON THE SITE OR COMMUNICATES WITH YOU. THE PLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. THE PLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE PLS’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE WEBSITE, INCLUDING THE SERVICES AND THE PLS CONTENT, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PLS OR ITS SERVICES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
38. Maps and Directions Disclaimer
39. Links to Third Party Sites
40. Other Rights of The PLS.com, LLC
If you are a member, you agree that The PLS shall have the right to use your Listing information for any purpose, including without limitation for publication on the Internet and for marketing purposes. The PLS shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. The PLS shall have no obligation to (i) resolve disputes among users of the Service or (ii) monitor or verify the accuracy or proper use of the Listings.
41. Copyright Issues
If you believe that the any information on the Website has been copied onto to Website or used on the Website in a way that constitutes copyright infringement, please provide The PLS the written information specified below. Please note that this procedure is exclusively for notifying The PLS that copyrighted material may have been infringed and is not an approval of your assertion. If the following is complied with, The PLS will review the situation accordingly.
! An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
! A description of the copyrighted work that you claim has been infringed upon;
! A description of where the material that you claim is infringing is located on the Website, with identifying information for the listing, if applicable;
! Your address, telephone number, and e-mail address;
! 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; ! 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.
48. Representations Of Brokers and Agents By Registering On The Website
Anyone who identifies himself or herself as a Broker or Agent on the Website member registration form hereby represents and warrants that such person is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which you are required to be licensed. The PLS may, in its sole discretion, but without any obligation to verify the licensure of such individual as a Broker or agent, remove from the list of brokers any person or entity whom The PLS believes is not a licensed broker or agent in any applicable jurisdiction. The PLS may, in its sole discretion, terminate the accounts of, and refuse services to, any person or entity who repeatedly or knowingly misrepresents such person’s or entity’s licensed broker or agent status or upon notification by any state agency or similar governmental authority that such person or entity is not a licensed broker. The PLS does not and shall not have any obligation to independently verify the licensing status of individuals identified as a Broker or agent on the Website. It is the User’s responsibility to confirm the licensed status of any Broker or agent listed on the Website.
49. Governing Law
50. Arbitration of Disputes
B. Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
C. Arbitration Procedure. If you believe that a Dispute has arisen and you desire to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you.
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
You are specifically advised that the arbitrator will have wide the discretion in conducting the arbitration.
D. Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
If you prevail in the arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under California. If we prevail in the arbitration, we may be entitled to an award of attorneys’ fees and expenses.
E. Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA.
The Arbitration described above shall be brought exclusively in Los Angeles County, California. This means that you are waiving any claim or defense that such forum is not convenient or proper. In addition, you are agreeing that a final judgment in any such arbitration shall be conclusive and may be enforced in Los Angeles County and in such other jurisdictions in the manner specified by law.
53. Effect of Waiver
54. No Assignment
55. No Third Party Beneficiary
All notices to The PLS.com, LLC must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at The PLS.
58. Privacy Policies
59. Entire Agreement
Contact Email: firstname.lastname@example.org Last Updated: October 10th , 2020 © ThePLS.com, LLC 2020