Acceptance of the Terms of Use

These terms of use are entered into by and between You and Northwest Multiple Listing Service (“NWMLS,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use“), govern your access to and use of, including any content, functionality, and services offered on or through https://www.nwmls.com (the “Website“)

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and meet all of the eligibility requirements stated in these Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.

Certain features, functionality, communications tools, support tools, customer service tools, or other services made available through or in connection with the Website may be provided, hosted, supported, or processed by Third-Party Service Providers. By accessing or using the Website, submitting information or content through the Website, communicating with NWMLS through any support, help, contact, ticketing, messaging, chatbot, or similar feature, or otherwise interacting with any Website functionality, you agree to comply with all rules, restrictions, and policies applicable to such Third-Party Service Providers’ services, including any user content, conduct, acceptable use, privacy, security, and data processing requirements.

“Third-Party Service Provider(s)” means third-party products, platforms, integrations, applications, hosting services, customer support tools, communication tools, ticketing systems, artificial intelligence or automation features, analytics tools, or other services used by NWMLS to operate, support, maintain, secure, improve, or provide the Website or related services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth below in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website, Account Security, Suspension and Termination

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We may suspend, restrict or terminate your access to the Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You may not share, transfer, assign, sublicense, or permit any other person to use your username, password, account, login credentials, authentication tokens, or other security credentials. You are responsible for all activity that occurs through your account or credentials.

You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to suspend, terminate, restrict or disable your access to any username, password, or other identifier, whether chosen by you or provided by us, to all or any part of the Website, any account, Your Content, any related services, with   or without notice, if NWMLS determines, in its sole discretion, that:

• you have violated these Terms of Use, the Privacy Policy, or any applicable Third-Party Service Provider terms, policies, or restrictions;
• your use of the Website or related services creates or may create a security, legal, operational, contractual, reputational, or regulatory risk;
• your use of the Website or related services may disrupt, impair, or interfere with the Website, NWMLS systems, other users, or any Third-Party Service Provider services;
• suspension or restriction is required or requested by law, regulation, court order, governmental authority, or a Third-Party Service Provider; or
• suspension or restriction is reasonably necessary to protect NWMLS, its members, users, vendors, licensors, service providers, or the public.

Privacy, Notices, and Consents

By submitting, posting, transmitting, uploading, communicating, or otherwise providing or making available information, data, text, messages, communications, files, materials, content, audio or video through the Website or related services (“Your Content”), you represent and warrant that you have all rights, permissions, notices, authorizations, and consents necessary for NWMLS and its Third-Party Service Providers to collect, receive, access, use, host, store, transmit, process, disclose, and otherwise handle Your Content as described in these Terms of Use, the Privacy Policy, and any applicable Third-Party Service Provider terms or policies.

If you submit or provide information relating to any other person, including any client, customer, consumer, member, agent, end use, employee, contractor, representative, or other individual, you are responsible for providing all legally required notices to, and obtaining all legally required consents from, that person before submitting the information to NWMLS or through the Website.

You acknowledge that information submitted through the Website or related communication, support, ticketing, help, messaging, chatbot, or similar features may be processed by NWMLS and its Third-Party Service Providers for purposes of operating, providing, maintaining, securing, supporting, analyzing, and improving the Website, Third-Party Service Provider products or services or other related services.

You grant NWMLS express permission to provide, disclose, transfer, transmit, make available, and otherwise share Your Content and related information with Third-Party Service Providers as reasonably necessary or appropriate to operate, provide, host, maintain, secure, monitor, support, troubleshoot, analyze, improve, or otherwise administer the Website, Third-Party Service Provider services or related services, and to permit such Third-Party Service Providers to process Your Content and related information for those purposes, subject to applicable law and the Privacy Policy.

You may request deletion of your account at any time by contacting us at communications@nwmls.com or using any account deletion feature available through the Site. We will process verified deletion requests in accordance with applicable law, our data retention obligations and our privacy policy.

Third-Party Service Provider Services

The Website may include, interoperate with, or rely on Third-Party Service Provider products or services. Your use of any Third-Party Service Provider products or services may be subject to additional terms, conditions, policies, notices, or restrictions imposed by the applicable Third-Party Service Provider.

You agree not to use any Third-Party Service Provider products or services in any manner that would violate the rights of NWMLS or any Third-Party Service Provider, interfere with the operation, security, integrity, or performance of the Website or such services, or cause NWMLS to violate any agreement or obligation owed to a Third-Party Service Provider.

You acknowledge that NWMLS may disclose account information, usage information, communications, support requests, Your Content, and other information to Third-Party Service Providers as reasonably necessary to operate, provide, secure, maintain, support, analyze, or improve the Website and related services.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the NWMLS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

You must not:

• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Remove, delete, obscure, alter, or tamper with any proprietary rights notices, attribution notices, copyright notices, trademark notices, or other legal notices contained in or displayed through the Website or any Third-Party Service Provider services.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except for the limited right to access and use the Website as expressly permitted by these Terms of Use, no right, title, or interest in or to the Website, any Website functionality, any Third-Party Service Provider services, or any related software, technology, documentation, content, data, trademarks, service marks, logos, trade names, or other intellectual property is transferred to you.

NWMLS, its licensors, and its Third-Party Service Providers reserve and retain all rights, title, and interests not expressly granted in these Terms of Use.

Trademarks

The NWMLS name and trademarks, the NWMLS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the NWMLS or its affiliates or licensors. You must not use such marks without the prior written permission of the NWMLS. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the NWMLS, a NWMLS employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the NWMLS  or users of the Website, or expose them to liability.

Unless NWMLS expressly authorizes otherwise in a separate written agreement, you must not submit, upload, transmit, store, or otherwise provide through the Website any medical, patient, health, treatment, insurance, or other individually identifiable health information that is regulated under the Health Insurance Portability and Accountability Act of 1996, as amended, or any similar federal, state, or foreign health privacy or health data law.

Additionally, you agree not to, and you will not permit, authorize, assist, encourage, or enable any other person to do any of the following:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with the proper functioning of the Website or any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, scraping, data mining, data extraction, data harvesting, or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website or Third-Party Service Provider services.
• Rent, lease, sell, resell, distribute, transfer, sublicense, make available, or otherwise provide unauthorized access to the Website, any account, any Website functionality, or any Third-Party Service Provider services.
•  Access or use the Website or any Third-Party Service Provider products or services to develop, train, improve, or commercialize a competing product, service, platform, model, database, or derivative work.
• Reverse engineer, decompile, disassemble, copy, scrape, crawl, extract, harvest, reconstruct, or otherwise attempt to derive or access source code, object code, underlying ideas, algorithms, models, systems, non-public APIs, data structures, or technical information relating to the Website or any Third-Party Service Provider services, except to the limited extent such restriction is prohibited by applicable law.
• Circumvent, disable, interfere with, or attempt to bypass any authentication, authorization, usage limit, rate limit, security, monitoring, filtering, access control, pricing, or technical restriction.
• Remove, obscure, alter, or tamper with any copyright, trademark, attribution, proprietary rights, or other legal notice appearing in or through the Website or any Third-Party Service Provider services.
• Modify, adapt, hack, disrupt, impair, overload, damage, disable, or interfere with the integrity, security, availability, operation, or performance of the Website or any Third-Party Service Provider services.
• Introduce or transmit any virus, worm, malware, ransomware, Trojan horse, time bomb, logic bomb, spyware, corrupted file, malicious code, or other harmful or disruptive technology.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Access or use the Website or any Third-Party Service Provider products or services in violation of applicable law, regulation, legal requirement, third-party rights, or any applicable user content, conduct, acceptable use, or Third-Party Service Provider policy.

Your Content and Conduct

 You are solely responsible for all Your Content or other information that you submit, upload, post, transmit, provide, or otherwise make available through the Website, Third-Party Service Provider services or related services.

You must not submit, upload, transmit, or otherwise provide Your Content that:

• violates any applicable law, regulation, contractual obligation, privacy right, publicity right, intellectual property right, or other third-party right;
• is false, misleading, fraudulent, defamatory, abusive, harassing, threatening, hateful, obscene, or otherwise objectionable;
• contains malicious code or is intended to interfere with or compromise the security, integrity, or performance of the Website or any Third-Party Service Provider services;
• you do not have the right to submit or authorize NWMLS and its Third-Party Service Providers to process; or
• would cause NWMLS to violate any obligation to a Third-Party Service Provider.

NWMLS may remove, restrict, disable, or refuse to process any of Your Content if NWMLS determines, in its sole discretion, that Your Content violates these Terms of Use or may create legal, security, operational, reputational, or contractual risk for NWMLS or any Third-Party Service Provider.

Copyright Infringement

If you believe that your copyright has been violated because of certain content posted to this Website, please see our DMCA Notice for instructions on sending us a notice of copyright infringement.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You, Your Content and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. You acknowledge that NWMLS may use Third-Party Service Providers, including customer support, communication, ticketing, analytics, hosting, security, and technology providers, to collect, receive, process, store, transmit, analyze, secure, and otherwise handle Your Content or other information submitted through or in connection with the Website, as further described in our Privacy Policy.

By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

For some properties, the Website contains links to the websites of the real estate firm or broker presenting those properties.  The Website may contain links to other sites and resources provided by other third parties. These links are provided for your convenience only. This includes any links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Export Compliance/Geographic Restrictions

The owner of the Website is based in the State of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.

You represent and warrant that you are not, and will not access or use the Website or any related services on behalf of, any person or entity that is: (a) located, organized, or ordinarily resident in any country or territory subject to comprehensive U.S. trade sanctions or embargoes; (b) identified on any U.S. government restricted party list, denied persons list, specially designated nationals list, or similar sanctions or export control list; or (c) otherwise prohibited from accessing or using the Website or any related services under applicable export control, sanctions, or trade compliance laws

You must not export, re-export, transfer, disclose, or otherwise provide access to the Website, any Website functionality, any data obtained through the Website, or any Third-Party Service Provider services in violation of applicable export control, sanctions, or trade compliance laws.

Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the NWMLS nor any person associated with the NWMLS makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the NWMLS nor anyone associated with the NWMLS represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the fullest extent provided by law, the NWMLS hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

Without limiting the foregoing, NWMLS does not warrant that the Website, any Website functionality, any Third-Party Service Provider services, or any content, communications, support, ticketing, messaging, chatbot, automation, artificial intelligence, analytics, or other tools made available through or in connection with the Website will be uninterrupted, timely, secure, error-free, virus-free, accurate, complete, or suitable for your business, legal, regulatory, professional, or other requirements.

Any Third-Party Service Provider Services are provided subject to the applicable third party’s terms and policies, and NWMLS disclaims all responsibility and liability for Third-Party Service Provider Services to the fullest extent permitted by law.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will the NWMLS, its affiliates, licensors, service providers, vendors, Third-Party Service Providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to access or use, the Website, Your Content, any Third-Party Service Provider services, any websites linked to it to the Website or Third-Party Service Provider services, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, exemplary, enhanced or punitive damages, including but not limited to,  loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of data, business interruption, loss of business opportunity, cost of cover or replacement services and whether caused by tort (including negligence), breach of contract, or otherwise, even if advised of the possibility of such damages. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the NWMLS, its affiliates, licensors, Third-Party Service Providers, vendors and service providers, and its and their respective officers, directors, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• your access to or use of the Website, any related services or any information you obtain from the Website;
• Your Content;
• your violation of these Terms of Use, the Privacy Policy, or any applicable Third-Party Service Provider terms, policies, or restrictions;
• your violation of applicable law, regulation, or third-party rights;
• any notices, consents, permissions, authorizations, or rights you failed to obtain before submitting Your Content or other information through the Website; or
• any act or omission by any person who accesses the Website or related services through your account, credentials, systems, or authorization.

Governing Law and Jurisdiction

All matters relating to these Terms of Use and any dispute or claim arising therefrom

or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in King County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such Courts.

Waiver and Severability

No waiver by the NWMLS of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the NWMLS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and our DMCA Notice constitute the sole and entire agreement between you and Northwest Multiple Listing Service regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  

Your Comments and Concerns

This website is operated by Northwest Multiple Listing Service 11430 NE 120^th Street, Kirkland, WA 98034.  

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: communications@nwmls.com.