As consideration for the right to search this website operated by ReeceNichols for properties for sale or lease, I/We (“User”) agree to the following terms and conditions:
1. All data displayed on this website about properties for sale or lease is the proprietary asset of ReeceNichols, except for those properties displayed at the courtesy of those other such real estate brokerages identified herein. Heartland Multiple Listing Service, Inc. (“HMLS”) and those other Multiple Listing Services aggregated on this website (together with HMLS, collectively, referred to herein as “MLS”) owns the database compilation of the listing data. Otherwise, ReeceNichols possesses all Intellectual Property Rights in and to such data, including all copyright, patent, trade secret, or trademark rights. User will not contest ReeceNichols’ or MLS’ Intellectual Property Right claims, nor assist others in doing so. User agrees that in the event User infringes upon ReeceNichols’ or MLS’ Intellectual Property Rights in the property data and/or database compilation displayed on this website, ReeceNichols’ and MLS’ remedies at law are inadequate, and that ReeceNichols and MLS are entitled to temporary and permanent injunctive relief to prohibit such an infringement.
2. User agrees that User is a bona fide potential purchaser or lessee of property in the market area served by MLS and ReeceNichols. User agrees that any search performed by User of properties available for sale or lease utilizing this website is solely for the purpose of identifying properties in which User has legitimate and bona fide interest in buying or leasing.
3. User agrees that User shall not use this website, or any of the property data accessible on this website, for any commercial or business purpose. User shall not sell, loan, exchange, or license, or otherwise retransmit the property data accessible on this website to any third party without the express written permission of MLS and ReeceNichols.
4. User waives any and all claims for damages of any kind against MLS or ReeceNichols by reason of Users’ use of this website, or the property data available at this website, including, but not limited to actual, punitive, special, or consequential damages, or lost profits or unrealized savings.
5. This Agreement shall be governed by the laws of Kansas. User agrees that any suit to enforce this Agreement shall be brought in the state or federal courts having jurisdiction over Johnson County, Kansas. User waives any objection to the personal jurisdiction of such courts.
6. In the event a judgment is entered against User in any action by or against User to enforce the parties’ obligations under this Agreement, User shall pay the prevailing parties’ attorneys fees and costs incurred in the prosecution or defense of such action.
7. User acknowledges and agrees that MLS is a third party beneficiary of this Agreement and both ReeceNichols and MLS shall each have the authority to enforce its terms against User.