As consideration for the right to search this website operated by Better Homes and Gardens Real Estate Kansas City Homes® 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 are the proprietary asset of the Heartland Multiple Listing Service, Inc.
(“HMLS”). HMLS owns all Intellectual Property Rights in and to such data, or the compilation of such data, including all copyright, patent,
trade secret, or trademark rights
User will not contest HMLS’ Intellectual Property Right claims, nor assist others in doing so. User agrees that in the event User infringes
upon HMLS’ Intellectual Property Rights in the property data displayed on this website, HMLS’ remedies at law are inadequate, and that
HMLS is 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 HMLS and Better Homes and Gardens Real Estate Kansas
City Homes®. 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 HMLS and Better Homes and Gardens Real Estate Kansas City Homes.
4. User waives any and all claims for damages of any kind against HMLS or Better Homes and Gardens Real Estate Kansas City Homes® 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 HMLS is a third party beneficiary of this Agreement and both Better Homes and Gardens Real Estate Kansas City Homes® and
HMLS shall each have the authority to enforce its terms against User.