1.2. Application of the Contract.
This Agreement applies to the “www.pointsouthmls.com” website, and Point South MLS brand applications. Users subscribed to our Services are "Members" and unregistered users are "Visitors". This Agreement applies to both Members and Visitors.
1.3. Members and Visitors.
By registering and joining the Point South MLS Service you will be considered a Member. If you have decided not to register for our Services, you can access certain functions as "Visitor".
1.4. Modifications to the Contract.
2.1. Requirements to use the Services.
These are some of the things you commit to in this Agreement: you meet the requirements to sign this Agreement and you have at least the "Minimum Age" requirement. Children under the age of 16 cannot use the Services. To use the Services, you agree that: you must be "Minimum Age".
2.2. Your account.
You will keep your password secret. You will not share your account with any other person and you will respect our rules and applicable legislation.
Members are the account holders. You agree: (i) to try to choose a difficult and secure password; (ii) protect and maintain the confidentiality of the password; (iii) comply with applicable legislation, our list of what should and should not be, and our policies. You are responsible for everything that happens in your account unless you close it or notify us that it is being misused.
2.3. Notices and messages.
You agree that we send you notices and messages through our websites and applications, as well as through the contact information you have provided to us. If your contact information is out of date, you may not receive these important notices.
You agree to send us notices and messages in the following ways: (1) on the Service, or (2) via the contact information you provided to us (for example, email, mobile phone). You agree to keep your Contact Information updated. Check your settings to manage the messages we send you.
When you share information on our Services, other people will be able to see, copy, and use that information.
Our Services allow information to be shared in many ways. The information and content you share or post may be visible to Members, Visitors or other people (even outside the Service). When the possibility of setting a configuration exists, we will respect the options you choose about who can see the content or information. For property publishing activities, the configuration can be public or private.
We are not obliged to publish information or content on our Service and we may withdraw them at our sole discretion, with or without notice.
3. Rights and limitations.
3.1. Your license regarding Point South MLS.
You are the owner of all the content, comments and personal data that you provide us, but you also grant us a non-exclusive license with respect to said information.
We will respect the adjustments you make regarding who can see your information and content, as well as how they can be used for ads.
Between you and Point South MLS you are the owner of the content and information that you provide or post on the Services, and you only grant Point South MLS and our affiliates the following non-exclusive license: a transferable and sub-license right to use, copy, modify, distribute, publish and process the information and content that we proportion through our Services and the services of third parties, without any additional consent, notification or compensation for you or third parties. These rights are limited in the following ways:
1. You can end this license for a specific content by deleting said content from the Services, or in general by closing your account, except (a) insofar as you have shared it with other people as part of the Service and they have in turn copied, re-shared or stored and (b) for the reasonable time it takes to remove it from backups and other systems.
3. We will need your consent if we want to give other people the right to publish your content outside the Services. However, if you decide to share a publication with the "Public" option, we will activate a functionality that allows Members to integrate said public publication into third-party services, and we will allow search engines to display said content in their services.
4. Although we can edit and make changes to the format of your content (such as translate it, modify the size, design or file type, or delete it), we will not modify the meaning.
By submitting suggestions or other comments about our Services to Point South MLS, you agree that Point South MLS will use and share (but does not have to) such comments for any purpose without compensation.
You agree to supply us only with the information and content that you are entitled to and that the information in your Point South MLS profile is true.
You agree to only provide content and information that does not violate the law or the rights of any person (including intellectual property rights). You also agree to provide true information on your profile.
3.2. Availability of the Services.
We may change, suspend or withdraw any Service, or change and modify future rates at our sole discretion. To the extent permitted by law, these changes will become effective when communicated to you.
We can change or withdraw any of our Services. We cannot guarantee that we will store or continue displaying the information or content that you have published.
3.3. Other content, websites and applications.
Your use of other people's content and information published on our Services is at your own risk and expense.
Other third parties may offer their own products and services through our Services, but we are not responsible for the activities of those third parties.
By using the Services, you may encounter inaccurate, incomplete or delayed information or content.
Members can limit or configure this feature.
You are responsible for deciding whether you want to access or use third party applications or websites that have a link from our Services. If you allow a third-party application or website to authenticate you or connect to your Point South MLS account, that application or website will be able to access your information and that of your contacts in Point South MLS. Third party applications and websites have their own legal terms and privacy policies, and you may be granting permission to third parties to use your information in ways that we would not use. Except in limited cases where required by applicable law, Point South MLS is not responsible for these other websites and applications; use them at your own risk and expense.
We have the right to limit how you connect to and interact with our Services.
Point South MLS reserves the right to limit your use of the Services, including your number of contacts and your ability to contact other Members. Point South MLS reserves the right to restrict, suspend or close your account if it believes that you may have breached this Agreement, the law or that you are incorrectly using the Services (for example, you have violated the "What should and should not do », and our Community Policies.
3.5. Intellectual Property Rights.
Below, we provide you with information about our intellectual property rights.
Point South MLS reserves all of its intellectual property rights in the Services. The use of the Services does not confer ownership on the user or the content or information displayed through them. The brands and logos used in connection with the Services are the trademarks of their respective owners. Point South MLS and the logos and other trademarks of Point South MLS Services, graphics and logos used for our Services are registered trademarks of Point South MLS.
3.6. Automated processing.
We use data and information about you to make relevant suggestions to you, and to offer it to others.
We use the information and data you provide us and the data we have about Members to make recommendations regarding contacts, content and features that may be useful. For example, we use data and information about you to recommend business opportunities.
4. Exclusions and limitation of liability.
4.1. Exclusion of guarantee.
We disclaim any legal liability arising from the quality, safety or reliability of our Services. To the extent permitted by law, Point South MLS and its affiliates (and those who work with Point South MLS to provide the services) (a) are not responsible for any implied warranties or representations (such as mercantile warranties, fitness for a particular purpose, accuracy of the data and non-infringement); (b) do not guarantee that the services can be used without interruptions or without operational errors; and (c) will provide the service (including content and information) as available.
4.2. Liability exclusion.
These are the limitations of legal responsibility that we may have in relation to you. To the extent permitted by law (and unless Point South MLS has entered into a separate written contract to supersede this contract), Point South MLS and its affiliates (and those who work with Point South MLS to provide the services) will not responsible for any indirect, inherent, special, consequential or punitive damages, or for the loss of data, opportunities, reputation or benefits or income related to the services (such as offensive or defamatory statements, lost time, use or changes in your information or content).
This limitation of liability is part of the agreement between you and Point South MLS and will apply to all liability claims (such as warranty, damage, negligence, contract, law), even if Point South MLS and its affiliates have been notified of this damage and even though these solutions do not undermine their essential purpose.
We may terminate this Agreement at any time.
Both you and Point South MLS may terminate this Agreement at any time by communicating it to the other party. Once terminated, you will lose the right to access and use the Services. The following will continue to apply after termination:
• The right of Members and Visitors to re-share content and information you shared through the Service as long as they were copied or re-shared prior to termination.
• Sections 4, 6, 7 and 8.2 of this Contract.
• Any amount due by either party before termination will continue to be due after termination.
You can visit our Customer Service Center to close your account.
6. Applicable legislation and conflict resolution.
In the unlikely event of a legal dispute, you agree with Point South MLS to submit to the courts of Guadalajara, Jalisco, Mexico.
7. General provisions.
Here are some important details about the Contract.
If a court with authority over this Agreement determines that any part of it cannot be applied, you and we agree that the court will modify the terms so that that part can be applied and continues to serve its purpose. If the court cannot apply the part, you and we agree to ask the court to remove that part that cannot be applied and to keep the rest of the Contract.
This Agreement (including any additional terms we establish when you interact with any function of the Services) is the only agreement between us on the Services and supersedes all prior agreements on the Services.
If we do not act in the event of breach of this Agreement, this does not mean that Point South MLS has waived its right to assert the Agreement.
You may not assign or transfer this Agreement (or your account or use of the Services) to anyone without our consent. However, you agree that Point South MLS will assign this Agreement to its affiliates or to a third party who purchases it without your consent. There are no other third-party beneficiaries of the Contract.
You agree that the only way to send us a legal notice will be at the address provided in clause 10.
8. What you should and should not do at Point South MLS.
8.1. What is to be done.
Point South MLS is a real estate business platform. This list of "what should and should not be done" and our policies limit what can and cannot be done in our Services.
You agree that you will:
a. Comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, tax and tax laws, and other regulatory requirements.
b. Provide us with accurate information and keep it updated.
c. Use your real name in the profile.
d. Use the Services in a professional manner.
8.2. What should not be done.
You agree that you will NOT:
a. Create a fake identity at Point South MLS, falsify your identity, create a Member profile for someone other than yourself (a natural person), or use or attempt to use someone else's account.
b. Develop, support or use programs, devices, scripts, robots or any other means or process (including crawlers, navigation plugins and plugins, or any other technology) to plagiarize (scrape) the Services or otherwise copy profiles or other data from the Services.
c. Bypass any security functionality or circumvent any access control or usage limits of the Service (such as limits on keyword searches or profile views).
d. Copy, use, disclose or distribute any information obtained from the Services, either directly or through third parties (such as search engines), without the consent of Point South MLS.
e. Reveal information that you do not have the right to share (such as confidential information from third parties, including your company).
f. Infringe the intellectual property rights of third parties such as copyrights, patents, trademarks, trade secrets or other property rights. For example, do not copy or distribute (except through the available sharing functionality) other people's publications or other content without their permission, which can be granted by publishing through a license.
g. Infringing the intellectual property or other rights of Point South MLS including, without limitation, (i) copying or distributing our learning videos or other materials; or (ii) copy or distribute our technology, unless it is put into circulation with open source licenses; (iii) use the term "Point South MLS" or our logos in any business name, email or URL except in the cases described in the Brand Guidelines.
h. Publish anything that contains program viruses, worms, or any other harmful code.
i. Using reverse engineering techniques, de-compiling, disassembling, decrypting or otherwise trying to obtain the source code of the Services or any related technology that is not open source.
j. Hint or declare that you are associated or endorsed by Point South MLS without our express consent (for example, introducing yourself as an accredited Point South MLS trainer).
k. Rent, lend, market, sell / resell or obtain any other type of benefit from the Services or related data, or access them without the consent of Point South MLS.
l. Establish links to our Services for any other purpose than to promote your profile or a group in our Services, without the consent of Point South MLS.
m. Use bots or other automated methods to access the Services, to add or download contacts, or to send or redirect messages.
n. Control the availability, performance or operation of the Services for competitive purposes.
o. Carry out "framing" or "mirroring" practices, or otherwise simulate the appearance or function of the Services.
p. Superimpose or modify in any other way the Services or their appearance (such as, for example, inserting elements in the Services or eliminating, covering or concealing advertisements included in the Services).
q. Interfere with the operation or load the Services in an unreasonable way (for example, spam, denial of service attacks, viruses or gaming algorithms).
r. Violate our policies or any other additional terms related to a specific Service when you log in or start using said Service.
9. Complaints regarding content.
Contact information for complaints about content provided by our Members.
We respect the intellectual property rights of other people. We require that the information provided to us for publication by our members is accurate and does not infringe the intellectual property rights or other rights of third parties. We have a Policy and Procedure for making complaints about content posted by our Members.
10. How to contact us:
Our contact information: Carretera Oriente 17, Interior 3, Ajijic, Jalisco, 45920.
Our Customer Service Center also provides information about our Services. If you want to send us notices about a specific procedure, contact us at the following address: