Terms of Service

Effective Date: December 21, 2024

Last Updated: December 21, 2024

1. Acceptance of Terms

By downloading, installing, or using the Mobile MLS Command Center application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Mobile MLS Command Center provides a mobile platform for:

• Searching and viewing real estate property listings
• Connecting with real estate professionals
• Saving and managing property favorites
• Accessing MLS (Multiple Listing Service) data
• Messaging between users and real estate agents

3. User Accounts

Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms
• Provide false or misleading information
• Engage in fraudulent or illegal activities
• Abuse or harass other users or agents

4. User Conduct

You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Harass, abuse, or harm other users or real estate professionals
• Submit false or misleading information
• Impersonate any person or entity
• Interfere with or disrupt the App or servers
• Attempt to gain unauthorized access to any portion of the App
• Use automated systems or software to extract data (scraping)
• Upload viruses or malicious code
• Collect or harvest user information without permission
• Use the App for commercial solicitation without authorization

5. Property Listings and MLS Data

Data Accuracy

Property listing data is provided by MLS services and third-party sources. While we strive for accuracy, we do not guarantee that all information is accurate, complete, or current. Users should independently verify all property information.

MLS Rules and Regulations

Users agree to comply with all applicable MLS rules and regulations. The MLS data is proprietary and protected by copyright. Users may not:

• Reproduce, distribute, or publicly display MLS data without authorization
• Use MLS data for any purpose other than personal property searches
• Create derivative works from MLS data
• Use MLS data for commercial purposes without proper licensing

6. Intellectual Property Rights

App Content

The App and its original content (excluding user content and MLS data) are owned by Mobile MLS Command Center and are protected by copyright, trademark, and other intellectual property laws.

User Content

By submitting content to the App, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content in connection with operating the App.

Feedback

Any feedback, suggestions, or ideas you provide about the App become our property and may be used without compensation to you.

7. Real Estate Professional Services

The App facilitates connections between users and real estate professionals but:

• We do not provide real estate brokerage services
• We are not responsible for the actions of real estate professionals
• We do not endorse or recommend specific agents or brokers
• All real estate transactions are between you and the licensed professional
• We are not party to any real estate transaction

8. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers

No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF INFORMATION

No Professional Advice

The App does not provide legal, financial, tax, or real estate advice. All property-related decisions should be made in consultation with qualified professionals.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILE MLS COMMAND CENTER SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the App
• Any unauthorized access to or alteration of your data
• Statements or conduct of any third party on the App
• Errors or inaccuracies in property listings
• Personal injury or property damage resulting from your use of the App

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 USD.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mobile MLS Command Center, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your content submitted to the App

12. Modifications to Service

We reserve the right to:

• Modify or discontinue the App at any time
• Change features or functionality
• Impose limits on certain features
• Restrict access to parts or all of the App

We will provide reasonable notice of any material changes when possible.

13. Governing Law and Disputes

Governing Law

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wisconsin.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class arbitrations.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mobile MLS Command Center regarding the App.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in effect.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the new Terms in the App
• Updating the "Last Updated" date
• Sending you a notification (if you have an account)

Your continued use of the App after changes constitutes acceptance of the new Terms.

16. Contact Information