Terms of Use

1. The MLS EnhancerTM license is only available to licensed real estate professionals, who are in good standing and in full compliance with their Realtor association(s), and are authorized to use the local MLS service(s) within the geographical area they have chosen to build websites.
2. The domain names(s) may be owned and registered by the Licensee or by DPS. It is understood and agreed that ownership of the domain names(s) may not constitute a claim of ownership to the website(s), the technology utilized within or to support the website(s) or any of the content provided to or by DPS. The Licensee agrees that the domain name or any of the lead traffic will not be redirected to another server, URL or competitor without prior written consent and consultation with DPS.
3. Licensee may chose from multiple various faceplates, sometimes referred to as templates, or may have one developed that is unique for his or her designated market area(s). All uniquely developed faceplates will be for exclusive use of the Licensee in their designated market area(s). Licensees not located in the same market area(s) and are not competitive with the original designing Licensee, may use the same or similar design or same pre-designed faceplates and similar content.
4. Licensee is allowed to personalize a faceplate to create identification or branding, or display a logo. The Licensee and their employing Broker, if one exists, agrees to monitor and screen the faceplate, content, graphics, all additions or alterations presented on the website(s) operating under this license.
5. Licensee accepts responsibility for the core content and the quality thereof, supported within the website(s) and pertaining to the Licensee or the Licensees agents. All content associated with the website(s) must be approved by DPS.
6. DPS may add to, delete, modify the structure or the content of the website(s), for increased optimization and elevated exposure at no cost to the Licensee. Additional optimization tools and advanced technology or processes may be suggested by DPS to the Licensee at the Licensees expense. The Licensee warrants that all content, products and services reflected in the website(s), that are provide by the Licensee, are legal and in full compliance with all regulatory or statutory entities and the use of such substance is within the Licensees rights to use throughout the website(s).
7. Licensee understands that the website(s) are subject to the rules and regulations of the MLS provider and that DPS will continuously monitor the website(s) for compliance. The MLS provider may make regulatory changes or changes to the method used in delivering the data. Licensee agrees to hold DPS harmless and free of any liability should this interfere with the presentation of the website(s).
8. Licensee agrees not to reverse engineer or attempt to copy in any way, the software program, design, implementation of marketing, marketing methods or tools, or proprietary materials, in part or in full, covered within this license. License further agrees to not make claim of ownership to the websites where applicable, the software or any intellectual property owned and used by DPS.
9. Licensee agrees to use the website(s) only to promote their own real estate business. The MLS EnhancerTM technology is designed to amplify the website(s) specifically with the real estate industry.
10. Licensee understands that they are not purchasing The MLS EnhancerTM for the website(s) but is acquiring the right to use the service under the terms of this license and agreement. All web content, design elements, information and images utilized within this optimization system and the website(s), that has been provided by DPS, may be used in the production of other website(s), or similar components, in the same or other geographical areas or markets and is exclusively owned by DPS. Licensee agree to not sell, transfer, publish, disclose or otherwise make the technology or website(s) available to third parties without DPSs prior written consent.
11. It is important to DPS that the website(s) produced are successfully gaining high placement in the search engines and perform at the highest potential level possible. To make that goal a reality, DPS will provide the Licensee with proprietary technical information, expertise advice and advice on an ongoing basis. The Licensee agrees not to disclose, sell, or use this information in any manner other than to promote the website(s) or increase search engine placement.
12. Licensee understands and acknowledges that if the MLS feed for the website(s) is provided directly to the employing Broker, who in turn provides it to DPS for utilization within The MLS EnhancerTM and the Licensee leaves employment of that Broker, the feed will remain with that Broker. The Licensee will need to apply for a replacement feed from their new employing Broker.
13. This license will be automatically terminated without notice in the event that the Licensees license is revoked, suspended or expired, or in the event that MLS services are no longer available to the Licensee or DPS.
14. The license shall also be terminated immediately should the Licensee be convicted of any crime involving moral turpitude, misrepresentation, is found libel in any civil action alleging fraud, makes improper payment, violates any provisions of this license, is associated with any other website(s) involving obscene or scandalous material, misuse of MLS material, or has his real estate license suspended or revoked or is subject to public censor for any act of omission which reflects negatively on DPS.
15. Licensee and/or Licensees Broker irrevocably agree to indemnify and hold harmless DPS, its agents, employees, representatives, assigns and related parties from and against all suits, claims, damages, expenses and liabilities, including attorney fees and court costs, arising out of the use of the website(s), including all allegations of infringement, violations of federal copyright or trademark law, slander, libel, fraud, misrepresentation, breach of contract, or any damages that result from any real estate transaction, presentation of MLS information, or mortgage information and any claim of illegality arising from the use of any information contained in the website(s), the faceplate of the website(s), or the presentation of content, representation or information contained on the website(s). The Licensee assumes all liability and responsibility for the website(s) content, represents and warrants that all information is:
    1. in full compliance with all real estate laws and regulations
    2. the Fair Housing Guidelines
    3. the MLS rules, regulations
    4. the Realtors Code of Ethics
16. In the event that there are any issues that effect the functionality of said website(s), data or hosting server(s) or DPSs ability to provide service and it can not be resolved, the Licensee and/or the Licensees Broker agree that DPS shall not be liable for any consequential damages and the sole and exclusive remedy shall be to discontinue this agreement and cease providing information to the website(s). There are no express or implied warranties regarding this product, the website(s) or the service by DPS, its merchantability or conformity for a particular use. This license is not intended to be governed by the Uniform Commercial Code and is not to be deemed as an agreement between merchants.
17. At no time shall the website(s) contain any of the following material:
    1. Adult content of link form or to any adult material.
    2. Racial, ethnic, political, hate-mongering or otherwise objectionable content.
    3. Material that defames or threatens physical harm to another party.
    4. Promotion of illegal substances or activities.
    5. Any spam.
    6. Any redirecting to or from any adult related, gambling or offensive website(s).
18. This agreement will be governed by and constructed in accordance with the laws of the State of Arizona without giving effect to its principles of conflicts of law. Any litigation arising under this Agreement will be brought in the Federal or State courts of Arizona.
19. If any provision of this agreement is held to be made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement will not be affected thereby.