IDX CONSUMER “CLICK THROUGH” AGREEMENT Terms Of Use
Agreement As consideration for the right to search this website operated by Platinum
Realty 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 (name of broker). 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 (name of broker). 4. User
waives any and all claims for damages of any kind against HMLS or (name of
broker) 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 Platinum Realty and HMLS shall each have the authority to
enforce its terms against User.