Before using any of YMLS's services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the customer services agreement and is not legally binding.
The services available for purchase at YourMLSsearch.com and all managed affiliate pages, are owned and operated by YMLS.
YMLS will provide The Client with a server hosted web site (“Site”) and real estate search engine (“IDX”) for the display of The Client’s information and/or MLS BR/IDX/VOW listings. In so doing, The Client agrees to pay YMLS an initial set-up fee and a monthly recurring hosting fee in the amounts that are referenced in the price sheet. The set-up fee and first monthly recurring fee is immediately payable upon execution of this online form.
The search platform is organized to allow a user to perform a search (“Search”) of the MLS BR/IDX/VOW listing database. Access to the MLS/IDX data is dependent on the Client securing a data access license through its MLS association. The Search generates a return of all listings that match The Search parameters selected by the user. The user may then click on any individual listing to obtain additional information regarding that specific listing.
YMLS provides customer support via telephone, email and instant message, Monday through Friday, between 9am and 5pm Central Standard Time. As part of the service agreement, YMLS provides technical support relating to errors in, or the improper function of, the services at no additional cost to Client.
YMLS reserves the right to cancel and disable an account if YMLS, in it’s sole judgment, determines that the Client or the Client’s primary contact has displayed a pattern of abusive, irrational or otherwise disruptive communication with YMLS.
Client agrees to pay for any additional design, development, and/or programming that is not included within the initial purchase on an hourly basis at $125/hr.
YMLS provides certain services from third-party Multiple Listing Services (MLS). You agree to use such services subject to the terms and conditions set forth by each individual MLS supplier, which usually includes that you have an active membership in the MLS. You understand and agree that you have sole responsibility for any fees charged by the MLS data supplier. YMLS or the MLS data supplier will provide you with documentation, contracts and fees required to participate in the MLS data services. YMLS reserves the right to retain any mutually signed contracts and is not obligated to provide access to final MLS documentation or contracts. YMLS expressly disclaims responsibility for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third-party MLS data suppliers. You provide access and use of MLS data services strictly at your own risk.
Client shall pay YMLS for the services provided pursuant to invoices rendered by YMLS in accordance with the fees and charges set out on this agreement. Services are to billed annually or in thirty (30) day increments. Any accounts over thirty (30) days past due will be considered delinquent. In the event that Client has opted to pay by automatic credit card, a digital receipt for payment will be issued via email in lieu of an invoice.
Any “Initial” or “Set-up” fee paid for services is in all cases non-refundable after seven (7) calendar days of receipt.
If any payment required hereunder is not received by YMLS on or before the thirtieth (30th) day following receipt of an invoice, YMLS may discontinue service without notice and Client agrees to pay Firm an additional sum equal to fifteen percent (15%) of the total amount overdue. Said charge is intended to defray Firm's interest and administrative expenses, and Client acknowledges that such charge represents a fair and reasonable estimate of such expenses, and shall be due and payable so long as the amount remains unpaid. Further, Firm shall be entitled to charge a fee of $35, to cover its administrative expense, each time a check from Client is returned by a bank for insufficient funds.
In addition to the late charges referred to above, which are intended to defray Firm's costs resulting from late payments, any late payment of an amount owed shall, at Firm's option, bear interest from the due date of any such payment to the date same is paid at eighteen percent (18%) per annum or the maximum lawful rate that Firm may charge to Client under applicable laws, whichever is less. Acceptance of any late charge and/or interest shall not constitute a waiver of Client's default with respect to the overdue sum or prevent Firm from exercising any of its other rights and remedies under this agreement.
In the event suit is brought for the recovery of any sum due hereunder, or because of any act which may arise out of the obligations set forth herein, the prevailing party shall be entitled to recovery of all costs incurred therein, including reasonable attorneys' fees.
The term of this Agreement shall be twelve (12) months from the Effective Date. This Agreement shall automatically be renewed for additional twelve (12) month periods unless Client provides written notice of its intent to terminate the Agreement, to YMLS, at least thirty (30) days prior to the expiration of the then current Term.
Either party, without cause, may terminate this agreement at any time upon thirty (30) days written notice to the other. In the event Client terminates the Agreement without cause, Client shall pay YMLS a termination fee equal to 50% of the total Hosting Fees due for the remainder of the then current twelve (12) month Term (the "Termination Fee"). Additionally, Client shall have the right to terminate this Agreement immediately, with no Termination Fee, in the event YMLS fails to perform any obligation required hereunder. If termination occurs prior to payment in full of the set-up fee, Client shall pay YMLS on a pro rata basis for that portion of the Site completed by YMLS at the time of termination. Such determination shall be made in the sole discretion of YMLS. After payment in full of the Set-up fee, upon notice of termination for any reason, Client shall immediately pay all undisputed invoices.
YMLS shall in all circumstances be the owner of all proprietary code, inclusive but not limited to IDX property search and the code supporting the IDX database, lead intelligence platform, and it’s web site template system.
Client will obtain necessary releases, licenses, permits, and all other necessary authorizations to use photographs, artwork, or any other property or rights' of third parties it selects for use in the Site. In addition, Client will be responsible for the accuracy, completeness, and legality of all information furnished by it to YMLS for use in the Site, including but in no way limited to the legality of all Images. It is the further responsibility of Client to confirm the accuracy and legality of all Images once included in the Sites.
All services by YMLS must be used by Client for lawful purposes only. Transmission, presentation, or storage of any form of information, data or material in violation or any U.S., state or city law is prohibited. Pornography and sexually explicit material is prohibited on all Sites. Any attempt by Client or any agent of Client to undermine any server belonging to YMLS is strictly prohibited and is grounds for immediate deactivation of Services.
Each party acknowledges that by reason of its relationship hereunder, it will have access to certain information and materials concerning the business, technology, and/or products of the other that is confidential and of substantial value. Said value would be impaired if such information were disclosed to third parties ("Confidential Information"). Each party agrees that it will not use in any way for its own account or the account of any third party, nor disclose to any third party, any such Confidential Information except as authorized under this Agreement. Each will take every reasonable precaution to protect the confidentiality of such information. The recipient of Confidential Information shall be relieved of this obligation of confidentiality to the extent that such information was in the public domain at the time it was disclosed or has come in to the public domain through no fault of such party, its employees, agents or representatives.
YMLS MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR ALL SITES. FURTHER, YMLS MAKES NO WARRANTY THAT ANY SITE WILL BE UNINTERRUPTED OR ERROR FREE.
YMLS ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USE OR MISUSE BY ANY CUSTOMER OR POTENTIAL CUSTOMER OF CLIENT, OR ANY OTHER THIRD PARTY, OF ANY OF THE INFORMATION INCLUDED IN ANY SITE, INCLUDING BUT IN NO WAY LIMITED TO, ANY ACTUAL OR ALLEGED VIOLATION OF THE PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY OR ANY TYPE OF ACTUAL OR ALLEGED CREDIT CARD ERROR OR FRAUD. FURTHER, YMLS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT BY REASON OF ANY OF THE INFORMATION INCLUDED IN ANY SITE.
YMLS'S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE DESIGN FEE RECEIVED BY YMLS FROM CLIENT UNDER THIS AGREEMENT. IN NO EVENT SHALL YMLS HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOSS OF DATA, WHETHER OR NOT YMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YMLS agrees to indemnify and hold Client harmless from any liability, loss, claims, damage or expense (including reasonable attorneys' fees) resulting from (1) YMLS's material breach of this Agreement and (2) YMLS's failure to use due care in all matters undertaken by YMLS on Client's behalf. Client agrees to indemnify and hold YMLS harmless from any liability, loss, claims, damage or expense (including reasonable attorneys' fees) resulting from (1) Client's material breach of this Agreement; (2) Client's negligence; (3) all information and Images which Client supplies to YMLS, and (4) Client's alleged or actual violation of any rights of any third parties. This provision shall survive any termination of this Agreement.
This Agreement shall be interpreted and governed by the laws of the United States and the State of Minnesota.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their successors, assigns and sublicensees, provided that Client may not assign or sublicense its rights to the Site without the prior written consent of YMLS, which shall not be unreasonably withheld. Any permitted transferee shall agree in writing to comply with all the terms and restrictions contained in this Agreement. Any attempt at assignment or sublicensing without such consent shall be null and void. Rights to the existing contract and duplication of this website shall not be allowed without the written consent of YMLS.
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
|Package||Edition||Setup Fee||Monthly Fee|
|Vision SEAT®||For use with Enterprise||-||$9|
|Voice SOCIAL®||Agent or Enterprise||$149||$49|
|Vision Social PREMIER®||Agent or Enterprise||$149||$109|
|Substance SEO® - 1 Page||Agent or Enterprise||-||$79|
|Substance SEO® - 5 Pages||Agent or Enterprise||-||$389|
|Substance SEO® - 10 Pages||Agent or Enterprise||-||$769|
|Substance SEO® - 15 Pages||Agent or Enterprise||-||$1,129|
|Substance SEO® - 20 Pages||Agent or Enterprise||-||$1,329|