Terms of Use

The following terms and conditions of use (the "Terms") govern your access to this website and any other websites, portals, or mobile applications (the "Sites") operated by Garden State Multiple Listing Service, L.L.C. ("GSMLS," "we," "us," and "our"). GSMLS, together with other content providers, provides access to real estate-related informational content and resources. The Sites may be updated, modified or amended at any time. The Terms do not alter any terms or conditions of any other agreement you may have with GSMLS.

Your access to and use of the Sites are subject to these Terms, GSMLS" Privacy Statement which is incorporated in these Terms (and which can be reached by clicking on the "Privacy Statement" link located in the footer section of the Sites), and all applicable laws and regulations. Please review the Terms carefully before accessing or using the Sites. By accessing or using the Sites you agree to be legally bound by the Terms. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITES. If you have questions about the Sites or the Terms, you may contact GSMLS by sending an email to Helpdesk@gsmls.com.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against GSMLS on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

Updates to the Terms

GSMLS reserves the right to modify the Terms at any time. When we make modifications, we will post them here. Any modifications will become effective immediately upon posting to the Sites. It is your responsibility to review the Terms periodically to be aware of such modifications. You waive any right to receive specific notice of modifications. Your continued access or use of the Sites following the posting of modifications will be deemed your conclusive acceptance of the modified Terms. For these reasons, we encourage you to review the Terms whenever you use the Sites. If you do not agree to these Terms, do not use the Sites. Ownership The Sites, including but not limited to informational content (e.g., listing information, HTML or other code, pages, graphics, software and all other materials associated or within the Sites), trademarks, logos, service marks, text, logos, button icons, images, audio clips, and organization thereof (collectively, the "Content"), the compilation of the Content, and the "look and feel" of the Sites, and all databases, and other intellectual property of GSMLS and/or its Content providers, and all parts and derivatives thereof, are and shall remain the sole property of GSMLS and its Content providers, including all associated copyrights and other intellectual property rights. Your access to and use of the Sites does not grant or transfer to you any ownership rights. Your use of any Content or other portions of the Sites are subject to the Terms. The Sites are provided for your personal non-commercial use only. No portion of the Content may be used or otherwise exploited for any purpose in any form without the express written permission of GSMLS or, as applicable, its Content providers. You may not access, modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Sites without express written permission from GSMLS. You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions on the Sites, or any Content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved. Your Use of the Sites Your authorization to access and use the Sites (and Content available via the Sites) is subject to the Terms. You are responsible for your activities, transmissions and transactions while using the Sites and for any accounts that may be established by or for you (including for any informational content and other materials you may access, submit, receive or transmit while using the Sites). You must be eighteen (18) years of age or older to access and use the Sites. Prohibited Uses You agree not to use the Sites or any Content in any unauthorized or inappropriate manner or for any unlawful purpose. This includes any conduct that is unlawful, untruthful, tortious or that is harmful or is potentially harmful to GSMLS or any other party or property; that violates another party"s privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. GSMLS specifically prohibits any misuse of the Sites and requires all users to agree not to use the Sites for any of the following: Posting any information which is incomplete, false, inaccurate or not your own, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another"s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by GSMLS in our sole discretion; Changing or deleting any ownership notices from materials downloaded or printed from the Sites; Engaging in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; Impersonating a third party or otherwise misrepresenting your affiliation with a third party or age; Soliciting personal information from anyone under 18 or soliciting passwords or personally identifying information for commercial or unlawful purposes; Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it; Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; Communicating, transmitting, or transferring (by any means) information or software derived from the Sites to foreign countries or certain foreign nations in violation of US export control laws; Using the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site; Using the Sites in any manner that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs); Infringes any trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person); Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof; Attempting to interfere in any way with the Sites or GSMLS"s networks or network security, or attempting to use the Sites" service to gain unauthorized access to any other computer system; Attempting to circumvent GSMLS or any content filtering techniques we may employ; Attempting to access any service or area of the Sites that you are not authorized to access; Harvesting or collecting email addresses or other contact information of other users from the Sites by electronic or other means for the purpose of sending unsolicited emails, texts, calls, or other unsolicited communications; Using any robot, spider, crawler, scraper, interface, scripts, or other automated means to collect information or otherwise interact with the Site; Framing, mirroring, embedding, or otherwise incorporating any portion of the Sites in any other site, service, or product; Engaging in any harassing, intimidating, predatory or stalking conduct; Harming GSMLS"s relationship with any other party; and Accessing or using the Sites in any way not expressly authorized by the Terms. GSMLS reserves the right to investigate, involve, and as GSMLS may deem appropriate, cooperate with appropriate authorities regarding any activities involving the Sites, and to disclose any information necessary for such purpose. Email and Similar Communications GSMLS prohibits the use of the Sites or the Content in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("SPAM"), phone calls, or text messages. Right to Monitor and Terminate Use GSMLS shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Sites for any reason, including to determine compliance with these Terms." GSMLS reserves the right, without notice and in its sole discretion, to terminate your use of the Sites, and to block or prevent your future access to and use of the Sites. Security and Use of Accounts You are solely responsible for your own security in using the Sites, and for selecting and implementing any precautions you deem to be appropriate and best suited for your use of the Sites. If any portion of the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are responsible for maintaining the security and confidentiality of your login credentials and you accept responsibility for all activities that occur under your accounts. You agree to notify GSMLS immediately of any unauthorized use of your accounts or any other breach of security. GSMLS will not be liable for any loss that you may incur as a result of someone else using your password or accounts, either with or without your knowledge." However, you may be held liable for losses incurred by GSMLS, its Content providers, or another party due to someone else using your accounts or passwords. You may not use anyone else"s account at any time, without the permission of the account holder. Violations of system or network security may result in civil or criminal liability. GSMLS will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following: Accessing data not intended for you or logging into a GSMLS server or account, which you are not authorized to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); Attempting to interfere or interfering with the operation of the Sites, our network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding," "mail bombing" or "crashing" the Sites; Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting on the Sites; or Compromising the Sites" security, in any way. Disclaimer of Warranty THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR ANY WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, GSMLS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING THROUGH COURSE OF DEALING OR PERFORMANCE, ANY WARRANTIES THAT ACCESS WILL BE UNINTERRUPTED, ERROR FREE, FREE OF MALFUNCTIONS, COMPLETELY SECURE, OR NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS. GSMLS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE SITES, ALTHOUGH GSMLS MAY MODIFY THE SITES AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITES ARE AT YOUR SOLE RISK. Limitations of Liability IN NO EVENT SHALL GSMLS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF GSMLS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW. GSMLS"S TOTAL LIABILITY TO YOU SHALL BE LIMITED, IN THE AGGREGATE, TO THE SUM OF FIVE HUNDRED ($500.00) DOLLARS." GSMLS IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITE (WHETHER ONLINE OR OFFLINE), NOR IS GSMLS RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ASSOCIATED THEREWITH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE EXCLUSIONS OR LIMITATIONS IN THIS AND THE "DISCLAIMER OF WARRANTY" SECTION ABOVE MAY NOT APPLY TO YOU. IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF GSMLS, ITS CONTENT PROVIDERS, OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, GSMLS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES. Indemnification You agree to defend, indemnify and hold GSMLS, its owners, managers, officers, employees, agents and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys" fees, in any way arising from, related to or in connection with your use of the Sites, your violation of the Terms or the posting or transmission of any materials on or through the Sites by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary rights. Links to Other Sites The Sites may contain links to third-party sites, resources and informational content ("links" or "linked sites") that are not under GSMLS"s control. These links are provided solely as a convenience to you and are not meant to constitute an endorsement by GSMLS of the contents or such third-party materials. The linked sites are not under the control of GSMLS and GSMLS is not responsible for any of the materials available from any linked sites. GSMLS disclaims all responsibility and liability with regard to your access to or use of such linked sites. When you leave the Sites, the Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites. User Submissions Any and all information, including but not limited to feedback, data, questions, comments, suggestions, or ideas that you submit on the Sites shall not be deemed confidential, and GSMLS will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation or liability. All such submissions shall be deemed the property of GSMLS, and your submission of information shall constitute an irrevocable assignment to GSMLS of all worldwide rights, titles and interests in and to such information. You agree that your submissions: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights; (c) shall not be fraudulent or involve counterfeit or stolen information or items; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus or malware that could in any way affect the operation of the Site; and (f) shall not create any liability for GSMLS. Notices and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to GSMLS, following the procedure set forth in the document which can be reached by clicking on the "Copyright/DMCA Notice" link located in the footer section of the Sites. Agreement to Arbitrate Disputes By visiting the Sites, you and GSMLS agree that, if there is any controversy, claim, action or dispute arising out of or related to your access to or your use of the Sites, or the breach, enforcement, interpretation, or validity of the Terms or any part of them, (collectively, a "Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and GSMLS agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be determined by arbitration pursuant to the American Arbitration Association under its Commercial Arbitration Rules, before three arbitrators on an individual basis and not aggregated with the claims of any third party; class action arbitration is prohibited. The arbitrators will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrators determine upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the arbitrators. The arbitrators, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of the Terms, including any claim that all or any part of the Terms is void or voidable. Notwithstanding the above Agreement to Arbitrate Disputes, to the extent you have in any manner violated or threatened to violate GSMLS" or its Content providers" intellectual property rights, GSMLS may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sites, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. Miscellaneous In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Morris County, New Jersey or the District Court of New Jersey. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of GSMLS's right to require strict observance of each of the Terms herein. Except as expressly stated otherwise, the Terms constitute the entire agreement between you and GSMLS and govern your use of the Sites. All provisions of the Terms that by their nature or understanding reasonably should survive the termination of the Terms shall survive. Contact Information If you have any questions, comments, or concerns about the Sites, please send an email to Helpdesk@gsmls.com or write to us at the following address: