Brokers, Members and Appraisers
DMCA (Copyright) Policy
To file a copyright infringement notification with http://aspenglenwoodmls.com send a written communication that includes substantially the following information (please consult your legal counsel or see Section 512(c)(3) of the United States Copyright Act to confirm these requirements):
Specific identification of the copyrighted work claimed to have been infringed, or, if multiple alleged copyrighted works at the Website are covered by a single notification, list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, at and on the Website, as well as information reasonably sufficient to permit the Website service provider to locate the affected and protected material. (**Providing URLs in the body of an email is the best way to help us locate content quickly.**);
Information reasonably sufficient to permit the Website service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
Include the following statement: in your communication: “I have good faith belief that the use of the copyrighted materials described above and contained on the Website service is not authorized by the copyright owner, its agent, or by protection of law;”
Also include the following statement: in your communication: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner of the copyright that is allegedly infringed;” and
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Such written notice should be sent to the Website’s designated agent as follows:
Aspen Glenwood MLS
345 Colorado Avenue, Suite 107
Carbondale, CO 81623
You may also send the written notice by email to helpdesk@tribus.com.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity should be removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys’ fees.
COUNTER-NOTIFICATION
To file a counter-notification with respect to material, content or activity at or on the Website, you must provide a written communication to us that sets forth the following specific elements and information:
Identification of the specific material that has been removed or to which access has been disabled;
Your full name, address, telephone number, and email address;
The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which ___________ is located, and I will accept service of process from the claimant.;” and
The statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written communication should be sent to our designated agent via email at helpdesk@tribus.com.
We can only accept a counter-notification directly from the user who originally submitted the allegedly infringing maternal. For verification, we require that counter-notifications be submitted from the email address associated with the original submission.
After we receive a counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it will include your personal information. By submitting a counter notification, you consent to having your information communicated and revealed in this way. We will not forward the counter notification to any party other than the original claimant.
Please understand that filing a counter-notification may lead to legal proceedings between you and the claimant to determine ownership or rights. Also be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation.
After we send the counter-notification to the original claimant, the claimant will have 10 business days (under currently applicable U.S. law) to reply whether or not the complainant has filed an action seeking a court order to restrain engagement in infringing activity relating to the material on the Website. If we receive such a reply we will be unable to restore the material to the Website pending such court adjudication. If we do not receive such a reply, we may reinstate the material.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material, content or activity was removed or disabled by mistake or misidentification may be subject to liability, including costs and attorneys’ fees.
Consumer Terms of Use
Last Update: September 18, 2019
Before you use this web site or mobile application (“Application”), please read these Terms of Use to which you agree by using the Application (the “Terms of Use”).
1. Credentials. Certain Applications may provide additional functionality to credentialed users, such as data provided through Virtual Office Website (“VOW”) services. If you are a credentialed user, you represent and warrant that any user credentials or other information you present or use in the Application will be true, current and accurate, and you will not access MLS Content or Applications with false or inaccurate credentials or credentials not provided by a valid Member of an MLS whose content you seek to access. You shall not share or lend your credentials to any third party. You may need to enter into a separate agreement to obtain VOW or other user credentials. You shall remain in compliance with any separate agreement or terms under which you obtained credentials while this Agreement remains in effect.
2. Access to the MLS Content. MLS Members may provide you access to the Applications or MLS Content only for your bona fide interest in the purchase, sale, or lease of real estate of the type being offered by the Member and provided you remain in compliance with these Terms of Use, including without limitation credentialing requirements in Section 1 above and the restrictions set forth below:
a. You may not copy, redistribute, or retransmit any of the MLS Content, except in connection with your consideration of the purchase, sale or lease of an individual property;
b. You shall not share MLS Content with other third parties except as expressly provided under these Terms of Use;
c. You shall not engage in scraping, harvesting or other type of collection of MLS Content;
d. You shall abide by any additional rules or limitations regarding use of MLS Content displayed in the Application or contained in a Developer EULA;
e. You shall provide any assistance reasonably requested by TRIBUS or an MLS in remedying any unauthorized use of MLS Content or the Platform;
f. You may not reproduce, modify, reverse engineer, disassemble or decompile any binary code, API or other materials and components used in connection with the Platform or MLS Content;
g. You may not remove or tamper with any security or analytics-related components associated with the Platform, Applications, MLS Content or MLS systems;
h. You may not rent, lease, lend, upload to or host on any website or server, sell, redistribute or sublicense any Platform service or component, or enable others to do so;
i. You may not take any action related to the Platform that interferes with, damages, accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of AGS or of any end user or other third party;
j. You may not use the Platform or MLS Content in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality; and,
k. You must comply with any additional restrictions stated in an Application.
3. Reservation of Rights. Except for the rights explicitly granted to you in this Terms of Use, all right, title and interest in the Application and MLS Content are reserved and retained by TRIBUS, Developers, and MLSs, respectively, and you do not acquire any ownership rights as a result of using or accessing the Platform, Applications, or MLS Content.
4. Platform Management. You understand and agree that AGS and MLS have rights to manage the Applications and MLS Content, and your use thereof, and may at any time, without limitation:
a. Provide updates to the Applications from time to time for feature enhancement, security or other purposes;
b. Terminate your access to any Application; and
c. Rate limit your access to the Application or MLS Content at any time and in AGSMLS’s sole discretion.
5. Developer License Terms. Most Applications provided by third parties may be licensed under separate End User License Agreements (“Developer EULAs”). If there is a conflict between the Developer EULAs and these Terms of Use, the provisions of these Terms of Use shall control.
6. Mobile/Web Access. You are solely responsible for any mobile data fees and other third-party charges you may incur in connection with your access, download and use of the Platform or Applications.
7. Third Party Beneficiary (MLS). You acknowledge and agree that MLSs providing MLS Content through Applications under these Terms of Use shall be third party beneficiaries to these Terms of Use and shall be entitled to directly enforce, and rely upon, any provision of these Terms of Use that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms of Use.
8. Privacy Policy. The Platform and Applications may provide AGS with information regarding your usage of the Platform, Applications and MLS Content. Such information collected may include personally identifiable information. Any information AGS receives may be used or shared with third parties for purposes that include marketing, product improvement, and verification of license compliance, according to AGS’s privacy policy available at http://sparkplatform.com/docs/terms_of_use/privacy.
9. Warranty Disclaimer, Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND MLS Content ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND MLS Content ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND AGS AND MLS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AGS AND MLS FURTHER DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE PLATFORM OR MLS Content WILL MEET YOUR REQUIREMENTS, WILL BE FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERROR, OR THAT DEFECTS IN THE PLATFORM OR MLS Content WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGS, MLS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AGS OR MLS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM AND MLS Content, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AGS OR MLS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AGS’S AND MLS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE DOLLAR ($1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. General Terms.
a. Territory. The Platform and MLS Content are intended for and made available to customers in the United States.
b. Termination. These Terms of Use shall automatically terminate without notice if you breach any terms of these Terms of Use. In the event of such termination, you shall cease all use of the Platform and MLS Content, and we may immediately revoke your access to the Platform and MLS Content without notice to you and without obligation to refund any purchases. AGS shall further have the right to terminate these Terms of Use without notice at any time.
c. Governing Law. These Terms of Use shall be governed by the laws of the State of North Dakota, without reference to its rules governing choice of law or venue or the U.N. Convention on Contracts for the International Sale of Goods. You hereby irrevocably consent to and waive any objection to the exclusive jurisdiction and venue of the federal and state courts located at Cass County, North Dakota for any and all disputes, claims and actions. Notwithstanding the foregoing, you agree that (i) AGS may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, and (ii) MLSs providing MLS Content may enforce any rights to MLS Content or that are otherwise available to them under Section 13 in any jurisdiction and under any governing law.
d. Amendments. AGS may amend any of these Terms of Use at its sole discretion by posting the revised terms on the Platform or by notice to you. Your continued use of the Platform or MLS Content after the effective date of the revised Agreement terms shall constitute your acceptance of the terms.
e. No Waiver. A failure by AGS or MLS to insist upon or enforce your strict compliance with these Terms of Use shall not constitute a waiver of any of AGS’s or MLS’s rights.
f. Export Restrictions. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Platform or MLS Content.
g. Government Users. If you are a U.S. Government end user, the Applications and MLS Content are licensed to you as “Commercial Items” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights TRIBUS grants to you for the Platform are the same as the rights customarily granted to others under these Terms of Use.
Privacy Policy
Last Update: May 14, 2018
The following privacy notice applies to this website listed at http://aspenglenwoodmls.com (hereinafter “Website”).
We will not use the information that we collect while you are using the Website, nor will we authorize third parties to use such information, to mail or e-mail promotional offers directly to you unless you have specifically informed us that you would like to receive such promotional offers.
Please read this Privacy Policy carefully. By visiting and using the Website, you agree that your use of our Website, and any dispute over our online privacy practices, is governed by this Privacy Policy and of Terms of use. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the revised Privacy Policy on this website and update the Last Updated date to reflect the date of the changes. By continuing to use the Website after we post any such changes, you accept the Privacy Policy as modified.
PERSONAL INFORMATION
Activity. We may collect and store information, including personally-identifiable information (such as your name, postal address or e-mail address), or other information, that you voluntarily supply to us either while on the Website or in responding via e-mail in connection with a feature provided on the Website. If you decline to supply or provide us with certain information while using the Website, you may not be able to use or participate in some or all of the features offered through the Website.
Usage Information. We may record information about your usage, such as when you use the Website, as well as information you display or click on in the Websites (including UI elements, settings, and other information). We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients. We may use third party service providers to help us collect and analyze usage information. If you want to limit the non-personally identifiable information that is automatically collected while you use our Website, most Web browsers allow you to disable cookies.
Content Uploaded to Site. Any personal information or picture content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and you acknowledge that third parties may access, collect and use such content.
USES
Personalized Features. If you submit personally identifiable information to us through the Website, we may use your personal information to operate, maintain, and provide to you the features and functionality of the Website, as well as provide special personalized features to you.
Other Users. Certain information may be displayed to other users when you upload pictures or send messages through the Website and other users can contact you through messages and comments. Any pictures that you submit to the Website may be redistributed through the Internet and other media channels, and may be viewed by the general public.
Use of Email for Administrative Purposes. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non- marketing or administrative purposes (such as for customer service purposes).
Usage Trends; Optimization and Functionality. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.
COOKIES & IP LOGS
We use cookies (or similar tracking technologies), clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
OPTING-OUT
Submission of Personal Information. You may, of course, decline to submit personally identifiable information through the Website, in which case you can still view pictures and explore the Website, but we may not be able to provide certain services to you. You may also change certain personally identifiable information you submit to us by logging into your account.
Cookies. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings if you prefer. If you choose to decline cookies, you may not be able to sign in or use other Website features or services that depend on cookies. If you choose to accept cookies, your browser may allow you to delete cookies that you have accepted at a later date. To disable cookies using Internet Explorer, select “Internet Options” under the Tools menu and click on “Privacy.” Select “High” or “Block All Cookies.” To disable cookies using Mozilla Firefox, select “Options” under the “Tools” menu. If you choose to disable cookies, you may not be able to use or participate in some or all of the features offered through the Website.
Third Party Networks. We may allow third-party advertising companies and networks to serve cookies on the Website and to serve ads to you when you visit the Website. These companies and networks may use the log file information and/or information collected by cookies, Web beacons and similar technologies to provide advertisements about goods and services that they believe may be of interest to you. If you would like to prevent certain third parties from collecting and using such information (i.e., opt-out), or would like more information about these practices and to understand your choices regarding use of this information by these companies, please contact us at helpdesk@tribus.com.
OPTING OUT OF BEHAVIORAL ADVERTISING
Aspen Glenwood MLS adheres to the guidelines of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising, and has implemented opt-out procedures in accordance with those organizations’ programs. Some of our advertising service providers may also be members and offer an opt-out of behavioral advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the opt-out offered by NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides an opt-out by participating companies in the DAA Self-Regulatory Program. If you would like to opt-out of behavioral advertising controlled by Aspen Glenwood MLS you may visit the NAI and DAA links provided above. Please note that Aspen Glenwood MLS and other companies may still collect information when you are online and opting out through these mechanisms does not opt you out of being served advertising. You will continue to be served generic ads while online.
THIRD PARTY SERVICES
Certain services offered through the Websites are subject to third party privacy policies. Facebook’s “Like” button is an example of this (and is subject to Facebook’s privacy policies).
ADDITIONAL DISCLOSURE POLICIES
We may share the information we collect from you to third parties in the following circumstances:
Compliance with Laws. We may disclose information we collect (including personally identifiable Information) when we believe it is required to comply with the law, such as in response to a subpoena or court order. We may provide you with advance notice at our discretion; however, nothing in this policy entitles you to such notice.
Safety and Protecting Our Interests. We may disclose information we collect in order to prevent damage to our property (tangible and intangible), for safety reasons, or in the course of collecting amounts owed to us.
Business Transfers. We may use your information in the context of a merger, acquisition, business reorganization, debt financing or sale of company assets, or in the event of an insolvency, bankruptcy or receivership. In these transactions, the information which we collect may be freely transferred to third parties as one of our business assets (i.e., we do not have any obligation to notify you of any such transfer).
Business Transactions. We may share your information to our partners, contractors, and service providers as necessary to provide services to you or to otherwise improve our services.
CHILDREN’S PRIVACY STATEMENT
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of 13.
This Website is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of 13 as part of the Website. We screen users who wish to provide personal information in order to prevent users under the age of 13 from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13 as part of the Website, we will delete such information from our records.
Because we do not collect any personally identifiable information from children under the age of 13 via the Website, we also do NOT knowingly distribute such information to third parties. We do NOT knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable contact information through the Website. Because we do not collect any personally identifiable information from children under the age of 13 via the Website, we do NOT condition the participation of a child under 13 in the Website’s online activities on providing personally identifiable information.
HOW TO MAKE CHANGES TO YOUR INFORMATION
If you are a registered member of our Website, you can make changes to your account information by logging in to the Website and using the account tools available via the Website.
STORAGE OF INFORMATION
All information we gather on our Website is stored within a database to which only we and our hosting services provider are provided access. However, as effective as the reasonable security measures implemented by us may be, no physical or electronic security system is impenetrable. We cannot guarantee the security of our Website’s servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
QUESTIONS REGARDING PRIVACY
If you have questions or concerns about this Privacy Policy, our privacy practices, or your dealings with us, please contact us by writing to: support@thinairweb.com.