Kapaa Houses for Sale

The following terms and conditions govern all access to and use of this site. You accept, without limitation or alteration, all the terms and conditions contained herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS' LIABILITY TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO NOT UNDERSTAND ANY OF THE TERMS HERE.

End-User License Agreement
This End-User License Agreement ("EULA") is a legally binding contract between you; and the owner of this site, U.S. Condo Exchange, LLC ("Broker"); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”). (Collectively, Broker, RMLS, and Developer are the "Licensors.")

You seek access to real estate listings that are made up of factual information and creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of this information is limited by the terms of this license.

In consideration of the mutual covenants contained herein, you and Licensors hereby agree as follows:

1. Access permitted. Licensors agree to provide you online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you will be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.

2. Acknowledgement of Title. You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the Licensed Site and the Licensed Content reside at all times in Licensors and their licensors.

The trademarks, logos, and service marks (collectively the "Marks" or "Mark") appearing on the Licensed Site are registered and unregistered marks of Licensors and others. Neither this EULA nor the Licensed Site grants you any right to use any Mark displayed on the Licensed Site or any other Marks of Licensors.

As consideration for the right to search this website operated by U.S. Condo Exchange, LLC 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 Michael Hall. 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 Michael Hall.

4. User waives any and all claims for damages of any kind against HMLS or Michael Hall 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 Michael Hall and HMLS shall each have the authority to enforce its terms against User.