Terms and Conditions
 
 

These are the terms and conditions of use ("User Agreement") of the MLSLion.com website. MLSLion.com is a wholly owned subsidiary of RealtyThrift, LLC, specializing in online marketing and advertising services for the real estate brokerage industry. The services offered through this website and through our network of real estate licensees and service providers are subject to the following terms, conditions and limitations. When you use this site or any of the products or services or accept any benefit offered (the "Services") you agree to be subject to these terms, conditions and all other express terms and conditions applicable to such Services. If you receive Services from RealtyThrift, LLC, MLSLion.com or any of our network affiliates you authorize us to share your account information with that entity and/or its authorized agents.

CHANGE OF TERMS AND CONDITIONS OF THE USER AGREEMENT
The terms and conditions of this User Agreement may change at any time, without notice. The MLSLion.com website will always contain a link to view the most current version of the User Agreement. By accessing and using this site, you agree to accept the terms and conditions of the most current User Agreement.

YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THIS WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.

USERS OF THE WEBSITE AND OTHER SERVICES
By registering on our site, using the Services, accepting any benefit from the Services, or paying for the Services you authorize MLS LION its agents or affiliates for whom you registered to contact you or your immediate family, using methods that include, but are not limited to, telephone, email, and US Mail. Such contact will be made using the information that your provide us during registration.

In addition to the specific terms of this Agreement, we encourage you to learn more about our general privacy practices by reading our Privacy Policy . If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use this information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have the choice as to whether or not we use your information in this different manner, however, if you have opted out of all communications with MLS Lion, or deleted/deactivated your account, then you will not be contacted, nor will your personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect your information already stored in our database, we will post a prominent notice on our Web site notifying you of the change. In some cases where we post a notice we may also send you an email if you have opted to receive communications from us.

You agree to defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants and agents harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of MLS Lion's Services, your violation of this Agreement or your infringement, or infringement by any other user of your Account, use of any intellectual property or other right of any person or entity.

This User Agreement constitutes the sole and entire agreement between the parties hereto, and no modification shall be binding unless signed by all parties. Any representation, promise, or inducement not included in this Agreement shall not be binding upon any party hereto. Neither party is relying on any oral representations made by the other party; any such oral representations are hereby merged into this Agreement. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors and assigns. No assignment of this Agreement shall be made without the prior written consent of the other party.

ADVERTISING SERVICES TO HOME SELLERS
When you purchase a MLS Listing Package from a member broker of MLS Lion for your property and conduct business with MLS LION and it's affiliates you represent and agree to the following:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. You are the owner(s) of the listed property, as recorded in the appropriate land records and/or property tax rolls, and have the legal right to offer the property for sale;
3. The listed property is located in the United States of America;
4. The property is not currently listed with any licensed real estate professional; and
5. The information you provide to MLS Lion is accurate, current and truthful.
6. You will comply with all federal, state and local laws governing the marketing and sale of your property, including, but not limited to, federal, state and local fair housing laws.
7. You agree to maintain all information submitted to MLS Lion up to date including any changes to price, conditions of material fact and status of property settlement.
8. You understand that MLS Lion services are limited to marketing and advertising. Nothing contained herein shall be construed as creating an agency relationship between the User and MLS Lion.
9. Email is the primary contact method utilized by MLS Lion. If you are unable to check your email on a daily basis, it is not recommended that you use this service.

By purchasing an MLS Listing Package at MLSLion.com you agree to utilize the services of MLS Lion's affiliate real estate partners for the area in which your property is located. You acknowledge that MLS Lion recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify real estate or other professional licensing status and background and that MLS Lion makes no such representations and/or warranties about any real estate service service or product provider. You are not bound to accept the MLS Lion referred service provider's services/products until a separate written agreement is signed and executed between you and the MLS Lion Affiliate MLS Service Provider. Use of this site or payment of fees to MLS Lion on behalf of MLS Service Providers is not intended to create a contractural or agency relationship between you and MLS Lion/RealtyThrift, LLC. In order for your property to be listed in the Multiple Listing Service (MLS) you will be required to enter into a Listing Agreement with the Affiliate MLS Listing Service Provider. You may additionally be required to complete and sign other forms in order for your property to be listed for sale as required by federal, state, local law and/or MLS/REALTOR Association rules and regulations. Certain MLSs may require additional fees for listing services, photos or cancellations. Upon receipt of such information or forms, you may cancel your MLS Listing order.

CANCELLATION
You may cancel your MLS listing at any time during the listing period by completing a Listing Release Form found in the Member's Only area of this website. However you may not cancel your obligation to pay a real estate commission if your property is under contract or if you are in negotiations to sell your property to a purchaser represented by a real estate agent member of the MLS (see Listing Agreement for details). There is no penalty for early cancellation of an MLS listing by MLS Lion, however, some MLSs charge early termination fees, which you will be responsible for paying - call 1-800-974-6657 for details (ie. For properties listed in Georgia, there is a $25.00 fee for listing withdrawal, release or cancellation.) REFUNDS: The following policies apply to refunds for purchases made from MLS Lion: 7 day Return Period : Purchasers making requests for refunds within seven (7) days of the original transaction date will be entitled to a refund of seventy-five percent (75%) of the total transaction which shall be refunded to the original purchasing account. 14 day Return Period: Purchasers making requests for refunds within fourteen (14) days of the original transaction date will be entitled to a refund of fifty percent (50%) of the total transaction which shall be refunded to the original purchasing account. 21 day Return Period: Purchasers making requests for refunds within twenty-one (21) days of the original transaction date will be entitled to a refund of 25% of the total transaction which shall be refunded to the original purchasing account. No refunds shall be made after 21 days of the original transaction date. All refunds must be requested in writing to MLS Lion by email, U.S Postal Service or other commercial carrier prior to a customer's use of any forms, features and/or selling tools or products obtained from MLS Lion or MLS Lion's website(s), including, but not limited to, creation of a webpage, uploading of photos, downloading of real estate contract forms or addenda, marketing materials, etc. There will be NO refunds for the purchase of MLS listing packages or products purchased 'a la carte' or as part of a package after MLS entry or after shipping, whichever occurs first. - after which time NO REFUNDS WILL BE MADE and you agree that the entire fee paid shall be NON-REFUNDABLE in all circumstances, even if you are unable to sell the property. As a seller of real property, you understand that purchase of an MLS Listing Package through MLS Lion does not guarantee the sale of the property. You agree that MLS Lion's liability related to MLS Lion's performance of services mentioned herein is strictly limited to the service fee paid to MLS Lion by you and no more.

AVAILABILITY
MLS Lion's Flat Fee MLS Listing Programs are available only where allowed by law and when your property is located in an area where MLS Lion has a Business Agreement with a licensed real estate broker for the entry of your property's information into the local Multiple Listing Service (MLS). Realtor.com listing is only available in certain MLS areas and may not be available for all property listings. Flat fee MLS Service offerings, inclusions and fees vary in accordance with local broker policy. MLS Lion does not fix, recommend or negotiate fees for MLS Listing Services. MLS Lion does not warrant or guarantee in any way the service or products of MLS Listing Service Providers. Users are encouraged to make their own independent investigations into the background and services of the Service Providers who may offer Flat Fee MLS or any other real estate services. Licensing information regarding real estate agents and brokers may be obtained from your state's real estate licensing authority. Sellers acknowledge that MLS Lion recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify real estate or other professional licensing status and background and that MLS Lion makes no such representations and/or warranties about any real estate service service or product provider.

REAL ESTATE AGENTS AND BROKERS
Upon registeration on MLSLion.com as an affilated real estate agent or broker member of MLS Lion (an "Affiliate" or "you"), these terms and conditions (these "Terms") govern the agreement between you and MLS Lion/RealtyThrift, LLC ("MLS Lion") for the hosting by MLS Lion of you and your company's information regarding the listing of properties for sale utilizing the REALTOR Multiple Listing Service (the "MLS") of your designated coverage area(s) ("Coverage Area") and the provision by MLS Lion of ecommerce functionality for your Flat Fee MLS Listing Services (the "MLS Listing Services"). These terms shall be referred to herein collectivelyas the "Agreement".

By registering, you hereby agree to the MLS Lion terms and conditions and relevant payment obligations as may be modified from time to time at the discretion of MLS Lion/RealtyThrift, LLC. You warrant that the information you provide to MLS Lion and/or it's owners, affiliates, partners, employees, agents, customers and staff is accurate and truthful. You warrant that you have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents and/or brokers in the Coverage Area for which you have requested MLS Lion services. You are an individual, not a company or association. You agree to be contacted via email or phone by MLS Lion, and affiliated third parties regarding your services. If you are unable to contact a customer who has purchased an MLS Listing Package through MLS Lion within 48 hours you agree to contact MLS Lion immediately. You will not attempt to contact a MLS Lion customer without permission from MLS Lion. MLS Lion customers have the right to cancel listing services and receive a refund at any time prior to submission of your property listing data to the applicable Multiple Listing Service (MLS) or the execution by all parties of a valid Property Listing Agreement . In such event, no monies shall be due or payable to you. If monies have already been paid to you, you agree to promptly refund the monies to MLS Lion. MLS Lion reserves the right to be the sole arbitor of any disputes between MLS Lion customers and Affiliate Brokers. MLS Lion does not guarantee or warrant the quality or quantity, if any, of it's MLS Listing customers or the continuation of this service. Nothing herein shall be construed as requiring MLS Lion / RealtyThrift, LLC to provide any minimum number of MLS listings to you. You agree to indemnify and hold MLS Lion/RealtyThrift, LLC and it's Members, partners, employees and agents harmless from any costs, indirect, incidental, consequential or exemplary damages, expenses, including reasonable attorney's fees resulting from any action arising out of or in connection with this User Agreement. In no event shall MLS Lion/RealtyThrift, LLC liability exceed the fee due the broker on any individual transaction. You may not assign this agreement without the written consent of RealtyThrift, LLC.

To consummate this Agreement, you must complete a registration form, and pay an administrative fee for each of your MLS Listings received through the MLS Lion network in accordance with the chart below (the "Administrative Fee").

Package Price Administrative Fee
Less than $300
$100.00
$301 - $399
$150.00
$400 - $499
$200.00
$500 - $599
$250.00
$600 and above
$300.00

Aside from the adminstrative fees paid for MLS Listing packages sold through MLS Lion, if you elect to sell additional items through MLS Lion, (i.e. lockboxes, for sale signs, contract assistance, etc.) on MLSLion.com you agree to compensate MLS Lion a fee equal to fifteen percent (15%) of the sales price of each product or service sold through this website. By registering on our site, using the Services, accepting any benefit from the Services, or paying for the Services you authorize MLS LION its agents or affiliates for whom you registered to contact you, your company owner(s), employees, agents and/or your broker, using methods that include, but are not limited to, telephone, email, and US Mail. Such contact will be made using the information that your provide us during registration. For the purposes of this Agreement , a single Coverage Area shall be defined as the geographical boundaries posted by the MLS Listing Service(s).

The initial term of this Agreement shall become effective as of the date of acceptance of your registration as defined by the email date carrying the offer of acceptance, and shall continue in effect for a period of one (1) year thereafter (the "Initial Term"), unless terminated earlier as provided below. The Agreement will automatically renew on the expiration of the Initial Term and will continue in effect for one (1) year thereafter (the "Renewal Term"); unless terminated earlier as provided below. The Agreement may be terminated at any time by either party, for any reason or no reason at all, by giving at least thirty (30) days written notice of termination to the other party. In addition, the Agreement may be terminated at any time by either party with written notice to the other party, if (i) the other party is in material breach of the Agreement and fails to cure such breach within fifteen (15) days after it receives written notice thereof, provided that you shall only have seven (7) days to cure any failure to pay any money due to MLS Lion/RealtyThrift, LLC hereunder; (ii) the other parties performance hereunder is delayed by more than thirty (30) days due to an event of force majeure; (iii) the other party voluntarily institutes any bankruptcy or insolvency proceedings and such proceedings are not dismissed wihtin sixty (60) days of the filing of such proceeding; or (iv) the MLS Lion/RealtyThrift, LLC assigns this Agreement, or undergoes a change in control, other than is permitted herein. Upon any termination or expiration of the Agreement, the parties will have the following rights and obligations: (i) Neither party shall be relieved of any obligation to pay any amounts due and payable to the other party hereunder prior to the date of termination or expiration; (ii) each party shall immediately stop all use of and shall return to the other party all of the other party's Confidential Information; and (iii) all licenses and rights granted to either party hereunder by the other party shall immediately terminate, as will access to and use of the Affiliate Members section of the website. All terms contained herein relating to Intellectual Property Ownership, User Data, Confidentiality, Warranties, Disclaimers, Indemnification, Limitation of Liability, Assignment, and Entirety of Agreement shall survive the expiration or earlier termination of this Agreement.

MLS Lion/RealtyThrift, LLC will maintain an e-commerce functionality as a part of its services to Affilates and customers through online merchant servicing company PayPal® in order to facilitate the secure transaction of business on this website and affiliate websites of Realty Thrift, LLC including, but not limited to IHSRealty.com, HomeBuyerConnect.com, and RealtyThrift.com. MLS Lion will collect, on your behalf, the fee(s) for MLS Listing Services in the amount designated by you in the Affiliate Admin area of this website. You agree that MLS Lion may retain its portion of any monies owed MLS Lion/RealtyThrift, LLC from any monies collected on your behalf. Monies collected on your behalf will be distributed on a bi-monthly basis prerequisited upon MLS Lion's receipt from you of a confirmed MLS listing report showing the actual MLS number of the property listed for sale in the appropriate MLS. Payments shall be made via PayPal® accounts. You are responsible for setting up and maintaining your own account with PayPal® in order to receive payments for MLS Listing Services from MLS Lion.

Because of the nature of MLSLion's website offering and the expense associated with maintaining and marketing, Affiliate agrees not to attempt to circumvent the website by posting Affiliate's contact number, email or website address on its co-branded webpages (unless required by state law) in an effort to direct MLS Lion users to another website or to bypass MLS Lion's payment system. Affiliate agrees to make an effort to determine where its customer leads have originated and to pay MLSLion's fee(s) for any customers who it determines have originated from MLSLion or its advertising efforts.

MLS Lion will provide a website for the dessemination of information and forms related to your company's MLS Listing Services and for the collection of fees from website users for these MLS Listing Services. Notwithstanding anything to the contrary, MLS Lion or its third party web hosting service may make routine, hosting related upgrades and enhancemnets to the website without obtaining your permission. You understand that the availability of your information and MLS Listing Services depends upon the full cooperation of you and your efforts to input and upload all applicable information, images and/or forms necessary for the completion of a MLS Listing Transaction. You hereby agree NOT to incorporate any personal or company contact information or text including, but not limited to, phone number, web or email address within the description or detail sections of your real estate services or MLS listing packages or to make any attempt to contact users of the website in an effort to bypass MLSLion.com or endeavor in any way to avoid payment of fees to MLS Lion by solicitation of MLSLion.com users. You further agree to immediately compensate MLS Lion for any/all customers who may come directly to you as a result of MLS Lion's marketing efforts but who do not use the MLS Lion website for the purchase of your products or services. You understand and agree to provide MLS Lion and its customers with any and all information and/or forms required by the laws and regulations of your jurisdiction for the Coverage Area(s) for which you are an Affiliate. You hereby agree to indemnify and hold MLS Lion harmless from all claims, suits or damages arising from your failure to provide any and/or all disclosures or disclaimers required in order to transact MLS Listing Services in accordance with the laws and regulations within your jurisdiction.

Each party hereby grant the other party a non-exclusive, non-transferable (except as permitted herein), non-sublicenseable, royalty-free, worldwide license during the term of the Agreement to use, reproduce, publish, display and distribute such party's (or, if an individual, party's company's) name, trademarks and trade names only as follows: (a) with respect to the license of your or your company's name, trademarks and trade names to MLS Lion/RealtyThrift, LLC on MLSLion.com and in connection with MLS Lion's publicity and marketing related to its business operations, provision of services, including without limitation on MLS Lion's customer lists; and (b) with respect to the license of MLS Lion's name, trademarks and trade names (the "MLS Lion Marks") to you, to use MLS Lion Marks: (i) on your website as needed to promote and advertise your presence on MLSLion.com; (ii) in connection with your promotion and marketing of MLSLion.com and (iii) in connection with your publicity and marketing related to your business operations, including without limitation,on your strategic partner lists. All use by a party of the other party's name, trademarks and trade names pursuant to the licenses granted herein shall inure to the benefit of the other party, and shall be in accordance with the standards, specifications and instructions of the other party to ensure such use is in accordance with such standards, specifications and instructions. Neither party shall acquire any right, title or interest in the other party's name, trademarks and trade names other than expressly provided herein. The licenese granted herein shall immediately terminate upon any expiration or cancellation of this Agreement.

You hereby grant to MLS Lion/RealtyThrift, LLC, for the term of the Agreement, a non-exclusive, non-transferable (except as permitted herein), non-sublicensable, royalty-free, worldwide license: (i) to use, reproduce, display, perform, distribute and modify (to the extent necessary in connection with the creation and design of the website) any content or information (including without limitation any forms, text, music, sound, photographs, video, graphics, software or data), in any medium, provided by you to MLS Lion hereunder (collectively, the "Affiliate Content") in connection with the website; and (ii) to include reasonable excerpts of the Affiliate Content in MLS Lion's advertising, marketing and promotional materials for the website.

As between the parties, MLS Lion/RealtyThrift, LLC shall own all rights (including, without limitation all present and future copyrights) in and to the MLS Lion Content, MLS Lion Marks, MLS Lion website, any Private Labeled Site and all materials, information and services made available or provided by MLS Lion hereunder. As between the parties, you will retain ownership, right, title and interest in and to any individually-identifiable information provided to you by users of this site and MLS Lion will retain ownership, right, title and interest in and to any individually-identifiable infromation provided by MLS Lion users of this or any Private Label website. In addition, the parties may agree to share their proprietary user information with each other as necessary to make services available to website users ("Shared User Information"). Each party agrees that it will use any and all user information owned by such party and all Shared User Information only in a manner that is at least as restrictive as MLS Lion's Privacy Policy.

A party agree that receiving Confidential Information (as defined herein) (the "Recieving Party") from the other party (the "Disclosing Party") shall not use such Confidential Information during the term of this Agreement and thereafter for any purpose other than as permitted or required for the performance by the Receiving Pary hereunder. Except with the Disclosing Party's consent, the Receiving Party shall not disclose or provide any such Confidential Information to a third party, and the Receiving Party shall take reasonable measures to prevent any such disclosure by its employees, agents, contractors or consultants during the term hereof or thereafter, including appropriate individual non-disclosure agreements. Neither party shall disclose any material financial term of the Agreement with the other party's written consent., except as required by law or by the rules of any national stock exchange with respect to a party's publicly traded securities. For the purposes of this Agreement, "Confidential Information" shall mean all information, other than information in published form or expressly designated by either party as non-confidential, which is directly or indirectly disclosed as a result of the services provided by MLS Lion hereunder, or which is disclosed by one party to the other party hereunder and which relates to either party's potential or actual products, markets, marketing plans, customers, patents, inventions, research, product development, software, algorithms, methods, desgins, strategies, plans, assets, liabilities, suppliers, costs, revenues, profits, organization, employees, agents or business in general; provided that the following types of information shall not be deemed Confidential Information hereunder: (a) information which the Receiving Party can demonstrate by written records was already known to that party prior to its receipt fro the Disclosing Party; (b) information which is now, or becomes in the future, public knowledge through no fault, act or omission of the Receiving Party; (c) information which was independently developed by the Receiving Party without any use of or reliance on the Disclosing Party's Confidential Information; (d) information which is lawfully obtained by the Receiving Party from a third party under no duty of confidentiality to the Disclosing Party; or (e) information which is required to be revealed by law, provided, however, the Receving Party shall give reasonable notice of such order requiring disclosure to the Disclosing Party and shall give reasonable cooperation to the Disclosing Party to limit the amount of Confidential Information which may be revealed publicly, including, without limitation, a motion for protective order.

You warrant that you have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your realtionship with MLS Lion, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight.

Each party (each, in such capacity, the "Indemnifying Party") hereby indemnifies and holds harmless the other party and it's respective owners, officers, directors, partners, employees and agents (each, in such capacity, an "Indemnified Party"), from and against any third party claims, actions, demands, costs and expenses (including without limitation reasonable attorneys' fees) ("Claim"), arising out of or resulting from any breach by the Indemnifying Party of the Agreement or of any representation, warranty, covenant or agreement contained herein. The Indemnified Party shall give the Indemnifying Party prompt written notice of any such Claim, and shall cooperate in the defense of any such Claim at the Indemnifying Party's expense. No Indemnified Party shall settle or compromise any such Claim without the Indemnifying Party's prior written consent, and the Indemnifying Party shall have sole control of the defense and settlement of any such Claim.

Notwithstanding anything to the contrary contained in this Agreement, except for: (a) obligations of an Indemnifying Party herein to the extent arising or resulting solely from a third party claim relating to intellectual property rights of such third party; or (b) claims arising from the unauthorized use or disclosure of Confidential Information by a party, no party will be liable to any other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind - including loss of revenues or profits, loss of business or loss of data - arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Moreover, except for (i) obligations of an Indemnifying Party herein to the extent arising or resulting solely from a third party claim relating to intellectual property rights of such third party; or (ii) claims arising from the unauthorized use or disclosure of Confidential Information by a party, each party's maximum liability arising out of or relating to this Agreement, the services provided hereunder or the website, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid (in the case of MLS Lion's liability) or payable (in the case of Affiliate's liability) by Affiliate during the term hereof.

MLS Lion reserves the right to refund to a customer any monies paid to MLS Lion on the behalf of Affiliate. Upon the request of a customer for a refund for Affiliates' MLS Listing Services for any reason, MLS Lion shall contact the Affiliate to inform Affiliate of the reason for the refund request. Thereupon the Affiliate shall have 10 days to settle the matter directly with the customer. At the end of the 10 day period, if the Affiliate and customer have not settled the matter among themselves, MLS Lion, in its sole discretion may elect to refund a portion or all of the amount collected by MLS Lion on behalf of Affiliate. In such event, the amount refunded shall be due and payable by Affiliate to MLS Lion and may be deducted from monies collected by MLS Lion on behalf of Affiliate.

REFERRALS

MLS Lion maintains an automated referral system for affiliate Brokers of MLS Lion to place and receive flat fee MLS listing referrals. By becoming an affiliate of MLS Lion you agree to accept referrals from other member Brokers within the MLS Lion affiliate network and to pay a referral fee of $100.00 to MLS Lion for each referral you receive through the MLS referral network. Of this fee, part will be paid to the referring Broker and part will be retained by MLS Lion the amount of which shall be stated on the Referral Form in the Affiliate Control Panel on this site used to send referrals. If MLS Lion is unable to collect a fee for the referral from the Broker to whom the customer is referred, Affiliate agrees that MLS Lion shall not be liable for the payment of the referral fee. If you send a referral through the MLS Lion referral system, you agree to hold MLS Lion harmless from any suits or causes of action relating to the payment of referral fees.

COPYRIGHT

Except as stated below, all content on this site, including text, logos, graphics and images, is the property of RealtyThrift, LLC or is used under license. The content of this website is protected by U.S. and international copyright laws. The compilation, collection, arrangement and assembly of all content on the site is the exclusive property of RealtyThrift, LLC and protected by U.S. and international copyright laws. None of the web site content or ideas may be copied, distributed, modified, displayed or transmitted, without the written permission of RealtyThrift, LLC.

Trademarks

MLS Lion and MLS Lion and its logos are service marks belonging to RealtyThrift, LLC. The service marks and trademarks of RealtyThrift, LLC may not be used in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits RealtyThrift, LLC or erroneously suggests an endorsement of or affiliation with RealtyThrift, LLC .

Service marks of other companies appear in this site. REALTOR.com and the associated logo is a service mark of the HomeStore, Inc. These and all other service marks or trademarks appearing in the site are the marks of their respective owners. Their appearance in this site is intended solely as an introduction to these companies' services and products. MLS Lion is not sponsored by or affiliated with the parent franchisor companies of any of the participating members of its network. These companies have not in any manner endorsed MLS Lion or its service, and the appearance of these service marks on this site is not indicative of any endorsement by these companies.

Links to other web sites

Our site may display hyperlinks to other web sites. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and MLS Lion assumes no liability, obligation, or responsibility for such content, representations, or warranties. If you choose to access non-MLS Lion websites through links on our pages, you accept responsibility for all related risks.

Legal Disclosure

MLS Lion is not licensed or permitted to practice law in any jurisdiction. As such, MLS Lion will recommend that a customer or client contact an attorney experienced in real estate law and licensed to practice in his or her community whenever it appears that legal counsel is needed. It is the customer's sole duty to identify the occasion for the need for legal advice. MLS Lion is not responsible for alerting the customer to such instance nor will MLS Lion be obligated to help find qualified counsel.

DISCLOSURES

RealtyThrift, LLC is not operating in the capacity as an agent for either the buyer or seller. NO AGENCY RELATIONSHIP IS ESTABLISHED OR IMPLIED BY THIS AGREEMENT. MLS Lion's advertising services are limited to providing access and introduction to marketing services and products of other professionals and companies related to real estate transactions and relocation or movings.

THERE ARE FREQUENTLY OTHER SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICE. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.

Compensation for real estate services is not fixed and varies among communities and among individual companies, REALTORs®, brokers and agents in a particular community. Variations in fees that can be negotiated with any real estate professional will be driven by the local housing market, brokerage company policy, individual agent policy and numerous other factors.

REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics.

Product and service pricing may vary by area or jurisdiction and is subject to change from time to time without notice. MLS Lion reserves the right to modify or discontinue any service or portion or attribute thereof, or the offering of any information, good, content, product, or service with or without notice to any User or Service Provider. MLS Lion shall not be liable to any User or any third party should MLS Lion exercise its right to modify or discontinue service.

Headings used herein are for reference only and are not meant to limit or modify these terms of use

Laws regarding real estate agency relationships vary from state to state. It is important that you have a familiarity with the potential real estate agency relationships.

RealtyThrift, LLC . is a proponent of federal fair housing laws. For information on Fair Housing Laws CLICK HERE.

Governing Law

This site is created and controlled by RealtyThrift, LLC registered in the State of Virginia, USA. As such, the laws of the State of Virginia will govern these terms, conditions and disclaimer, without giving effect to any principles of conflicts of laws. RealtyThrift, LLC reserves the right to make changes to the site and these disclaimers, terms, and conditions at any time.

Force Majeure

Except for the obligation to make payments for Services rendered, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (i) gives the other party prompt notice of such cause, and (ii) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.

DISCLAIMER OF WARRANTY AND LIABILITY

THE MLSLION.COM WEB SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR WEBSITE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND WEBSITE ARE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU INCUR RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW MLS LION, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. In that event, such warranties are limited to the minimum warranty period allowed by the applicable law. MLS LION, LLC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, IN NO EVENT WILL MLS LION, LLC T/A MLS LION, LLC, OUR SUPPLIERS OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUIARY LOSS) INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE MLS LION, LLC SERVICES OR WEBSITE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ANY CASE, THE SERVICE PROVIDER’S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO MLS LION, LLC IN THE PREVIOUS 3 MONTHS. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to Subscriber. Any legal action arising under this Agreement must be initiated within two years after the cause of action arises.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of MLS Lion's services, to the goods or services provided by MLS Lion, or to any acts or omissions for which you may contend MLS Lion is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration at a location selected by the Managing Member of MLS LION, LLC. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to MLS Lion. In any arbitration, the complainant will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in the state in which the arbitration takes place. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MLS LION WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

 
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