Terms of Use

(End User License Agreement – EULA)

Last Updated August 16 2021

These Terms of Use apply to the Buying Buddy® “Home Search Service” (the “Service”) provided in this website (the “Website”).

Use and access of the Service in this Websiteis subject to the terms and conditions as set out in these Terms and Conditions (the “Agreement”) set forth below, as well as our Privacy Policy.

Also, see Privacy Policy, and Anti-Spam Policy

A reference to the “Service” is a reference to Buying Buddy Home Search Service. A reference to “we”, “us” or “our” is a reference to both Buying Buddy Home Search Service and and the owner of this site, (“Broker”);

Please read the terms and conditions of use carefully before using this site.

This site is free to use by our visitors. By using this site, you the user are agreeing to comply with and be bound by the following terms of use.

After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.

The Service

The Buying Buddy Home Search Service consists of any functions provided through, or in conjunction with the Site, including but not limited to real estate search services, presentation of real estate listings, Broker communication services, email, telephone messages, and text messages.

Unless stated otherwise, the Service is for your personal and non-commercial use only.

The Service are not for use by users under the age of 13. By registering for the Service, you warrant to us that you are over the age of 13, and that you shall not allow persons under the age of 13 to use or access the Service.

Registration Terms

If you choose to register on the Service, you understand that real estate professionals and / or lenders may call / text you regarding your inquiry, and may involve automated means and pre-recorded/artificial voices. You expressly agree that we may contact you even if you have previously registered your phone with a federal or state “do not call” registry. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Site. In addition, you may opt-out of e-mails by clicking the “unsubscribe” link in any e-mail we send to you, and opt-out of text messages by replying to text messages you receive from us with a request to STOP. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to the Service. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the Site and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Service, and you should review this Agreement prior to using the Service.

Privacy Policy

Our Privacy Policy is incorporated herein by reference.

Acceptable Use

You acknowledge that all content, whether posted publicly or transmitted privately over, by, or in connection with the Service are the sole responsibility of the person from whom such content originated. We do not control or endorse the content and cannot guarantee the accuracy, integrity or quality of such content and you acknowledge that by using the Service you may be exposed to content that is inaccurate, offensive or indecent. We will not be liable in any way for any content or for any loss or damage of any kind resulting from the use of or reliance on any content transmitted via the Service and you agree to bear all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content.

In using the Service you agree not to:

• post, publish, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the operation of the Service or with any computer or property of another;
• advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
• or post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).

We shall be entitled, at our sole discretion, to remove any material that breaches this Agreement or is otherwise objectionable.

You may not use the Service to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing.

Examples of system or network security violations include but are not limited to:

• Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;
• Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting;
• Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
• Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
• Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property.

Copyright

The content, organization, graphics, design, and other matters related to the Service are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Service is strictly prohibited, without our express prior written permission.

Deleting and Modification

We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing as part of the Service, including this Agreement.

Termination

We reserve the right to immediately and without notice suspend or terminate your account or any of the Service if we reasonably believe that you have violated this Agreement. We have no obligation to provide you with notice of an alleged violation. We may at any time, at our sole discretion, discontinue the Service or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Service.

Indemnification

You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Service.

Disclaimer

The content, and services listed through the Service are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to this site and any website with which it is linked. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, incidental or consequential damages (including damages for loss of business, loss of profits, loss of money, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you the user. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. The information and all other materials on the site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on this site or any website with which it is linked.

Limits

All responsibility or liability for any damages caused by viruses contained within the Site or other distributed electronic file containing the form or document is disclaimed.
We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Service.

Third-Party Website

All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites.
We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website from the Service does not imply approval or endorsement of the linked website by us.

Buying Buddy Home Search Service, this Site, the owner of this Site and the third-party linked websites, are independent entities and neither party has authority to make any representations or commitments on behalf of the other.

If you decide to leave the Service and this Site, and access these third-party linked sites, you do so at your own risk.

Suggestions

All suggestions, ideas, notes, concepts, blog posts, and other information you may send to us (collectively, “Suggestions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Suggestions and shall be entitled to unrestricted use of the Suggestions for any purpose, without compensation to the provider of the Suggestions.

Applicable Laws

These Terms are governed by and construed in accordance with the laws of Colorado, USA, without regard to any conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Service resides in the courts located in Denver, Colorado, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

GDPR Compliance

This Site is intended solely for individuals residing outside of the territory of the European Union. By accessing and using this Site, you hereby agree and represent either (i) you are not a resident of the European Union, or (ii) if you are a resident of the European Union, that you hereby provide express consent to any personal information which may be collected from you by this Site, including, but not limited to, first name, last name, email address, phone number, physical address, IP address, and social media accounts and information. In no event shall any user cause this Site to collect personal information of any individual residing in the European Union without first obtaining the express consent of such individual.

Special Terms for Use in Minnesota

The following additional terms and conditions govern all access to and use of this site. You accept, without limitation or alteration, all the terms and conditions contained herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITY TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO NOT UNDERSTAND ANY OF THE TERMS HERE.

End-User License Agreement

This End-User License Agreement (“EULA”) is a legally binding contract between you; and the owner of this site, (“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”). (Collectively, Broker and RMLS are the “Licensors.”).

You seek access to real estate listings that are made up of factual information and creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of this information is limited by the terms of this license.

In consideration of the mutual covenants contained herein, you and Licensors hereby agree as follows:

1. Access permitted. Licensors agree to provide you online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you will be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.

2. Acknowledgement of Title.You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the Licensed Site and the Licensed Content reside at all times in Licensors and their licensors.

The trademarks, logos, and service marks (collectively the “Marks” or “Mark”) appearing on the Licensed Site are registered and unregistered marks of Licensors and others. Neither this EULA nor the Licensed Site grants you any right to use any Mark displayed on the Licensed Site or any other Marks of Licensors.

3. License.Licensors hereby grant you a revocable, limited, nonexclusive license during the term of this EULA to duplicate, distribute and display the Licensed Content and the Licensed Site, solely for your personal, non-commercial use, and subject to the limitations set forth in this EULA. Licensors grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA are reserved.
4. Limited Use.You will not:

(a) Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial one;

(b) Disclose any of the Licensed Content, including factual content, to any third party except in furtherance of your personal real estate transaction, and then only to the extent necessary;

(c) Gather, or attempt to gather, by any automated means, including “screen scraping” or “database scraping,” factual content or any other portion of the Licensed Content from the Licensed Site; or

(d) Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose.

5. License revoked.Your license to use the Licensed Content and the Licensed Site is immediately revoked, without notice from Licensors, in the event that you breach any provision of this EULA.
6. General terms.

(a) Term and termination. Any party may terminate this EULA upon notice to another. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access the Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its termination.

(b) Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE AND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS. LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSED CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE LICENSED CONTENT, THOUGH DEEMED RELIABLE, MAY CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES. YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON WHICH YOU INTEND TO RELY IN ANY TRANSACTION. THE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in the Licensed Content include, but are not limited to, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect status with regard to availability for sale, incorrect photograph, and incorrect information about improvements.

(c) Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE LICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THE EVENT THE LICENSORS OR ANY ONE OF THEM BREACH THIS EULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND IN EXCESS OF $500.

(d) Indemnification. You will defend, indemnify and hold the Licensors harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party against the Licensors arising from any of your acts, including without limitation violating this or any other agreement or any law.

(e) Assignment. You may not assign or delegate this EULA or any obligations, rights, or duties hereunder. Any attempted or purported assignment or delegation in contravention of this section is null and void.

(f) Integration and severability. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.

(g) Governing law. This EULA shall be governed by, and construed in accordance with, the laws of the State of Minnesota applicable to contacts made and performed in Minnesota, but without regard to the choice of law and conflicts of law provisions thereof. The parties hereby agree that any dispute under this EULA shall have its forum in the state or federal courts located in Ramsey County, Minnesota, in the United States of America, or in another County in Minnesota of jurisdiction and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.