PCMLS Terms of Use (effective 5-23-2025)                                          CLICK HERE TO PRINT

 

BY CLICKING THE “I AGREE” BUTTON ASSOCIATED WITH THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”), YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO ACCESS THE MLS DATABASE OR ANY OF THE OTHER SERVICES DESCRIBED IN THIS AGREEMENT, OR IF YOU ARE AN EXISTING SUBSCRIBER TO THE PARK CITY BOARD OF REALTORS® MULTIPLE LISTING SERVICE, YOUR ACCESS WILL BE TERMINATED.

This Agreement is made and entered into by and between you, a Subscriber, as defined in Section 29, and the Park City Board of REALTORS Multiple Listing Service®, a Utah corporation (“PCMLS”).  In exchange for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, PCMLS and Subscriber agree as follows:

  1. Definitions. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Section 29 of this Agreement.
  2. Grant of Subscriber Rights in Multiple Listing Service.
  3. Subject to the terms and conditions of this Agreement and PCMLS’s Rules and Regulations, PCMLS grants Subscriber the following rights and licenses in the MLS Database, as applicable.  Subscriber agrees to take all reasonable steps to protect the MLS Database and Listing Content from unauthorized access, copying, or use.  Access to the MLS Database shall be through a means determined by PCMLS.
  4. Participant.  PCMLS grants to each Subscriber who is a Participant a license to access and use the MLS Database and the Listings included in the MLS Database, and a sublicense to use the MLS System, solely for the purposes set forth in the PCMLS Rules and Regulations and this Agreement, and Participant shall have all rights and obligations of a participant in PCMLS’s multiple listing service as set forth under PCMLS’s Rules and Regulations.  Subscriber may permit duly authorized employees or office assistants associated with his/her office to access the MLS Database on his/her behalf and pursuant to the terms of this Agreement only if he/she (a) accepts full responsibility, and shall be liable to PCMLS for use of the MLS Database by such employee or office assistant, and (b) promptly terminates access to the MLS Database by such employee and office assistant upon such employee or office assistant ceasing to be authorized as set forth in this Section.
  5. Agent.  PCMLS grants to each Subscriber who is an Agent a license to access and use the MLS Database and the Listings included in the MLS Database, and a sublicense to use the MLS System, solely for the purposes set forth in the PCMLS Rules and Regulations and this Agreement, and Agent shall have all rights and obligations of a subscriber in PCMLS’s multiple listing service as set forth under PCMLS’s Rules and Regulations.  Agent may permit duly authorized employees or office assistants associated with his/her office to access the MLS Database on his/her behalf and pursuant to the terms of this Agreement, only if he/she (a) accepts full responsibility, and shall be liable to PCMLS for use of the MLS Database by such employee or office assistant; and (b) promptly terminates access to the MLS Database by such employee and office assistant upon such employee or office assistant ceasing to be authorized as set forth in this Section.

iii. Administrative Member.  PCMLS grants to each Subscriber who is an Administrative Assistant a license to access and use the MLS Database and the Listings included in the MLS Database, and a sublicense to use the MLS System, solely for the purpose of providing administrative services and assistance to any of the persons identified in the definition of Administrative Assistant in Section 29.

  1. Appraiser and Appraiser Trainee.  PCMLS grants to each Subscriber who is an Appraiser or Appraiser Trainee a license to access the MLS Database and use the Listings included in MLS Database, and a sublicense to use the MLS System, only for purposes expressly allowed under the respective Appraiser and Appraiser Trainee applicable certification or licensure, the Rules and Regulations, and any applicable License Agreement, solely for the use by the Appraiser or Appraiser Trainee to prepare an appraisal, an appraisal report, a certified appraisal report, or to perform a consultation service relating to real estate or real property for third party clients for which a fee is charged in the ordinary course of the Appraiser’s business or Appraiser Trainee’s employer’s business.  No Appraiser or Appraiser Trainee may access the MLS Database or use the information contained in Listings included in the MLS Database to prepare an appraisal, an appraisal report, a certified appraisal report, or to perform a consultation service relating to real estate or real property outside the scope of the his/her authority granted him/her under the licensing and certification provisions of Utah Code Annotated, Section 61-2b-1 and following, or other applicable law.  Any appraisal, certified appraisal, or appraisal report issued or consultation performed by an Appraiser Subscriber or Appraiser Trainee Subscriber based on or related to his/her use of information contained in Listings included in the MLS Database must be properly within the scope of his/her authority granted under, and comply with requirements and restrictions of, the licensing and certification provisions of Utah Code Annotated, Section 61-2b-1 and following, or other applicable law.  Each Appraiser agrees to directly supervise Appraiser Trainee’s access to the MLS Database and use of the information contained in the Listings included in the MLS Database.
  2. Assessor.  PCMLS grants to each Subscriber who is an Assessor a license to access and use only the portion of the MLS Database consisting of sold Listings, and a sublicense to use the MLS System, to the extent that it is used to obtain the sold Listings only for Assessor’s internal business purposes, namely, valuing and assessing real property.
  3. Affiliate.  PCMLS grants to each Subscriber who is an Affiliate and who PCMLS agrees in its sole discretion may have a license, a license to access and use the MLS Database and the Listings included in the MLS Database, and a sublicense to use the MLS System, solely for the purposes determined by PCMLS, in its sole discretion.  Not all Affiliates will have a license or sublicense, and some Affiliates may be limited to a license in order to obtain any statistical information related to the Listings in the MLS Database that PCMLS provides in its sole discretion to such Affiliate.
  4. Grant of Sublicense. Subject to the terms and conditions of this Agreement and PCMLS’s Rules and Regulations, PCMLS grants to Subscriber a sublicense to access and use the features of the Membership System intended for use by Subscriber and which allow Subscribers to edit their profile, make a payment, or register for a class, including reviewing a calendar of classes offered and classes for which Subscriber has registered.
  5. MLS System. Each Subscriber shall gain access to the MLS Database through the MLS System licensed to PBCR and shall be subject to the following requirements and restrictions:
  6. Subscriber shall not copy, modify, re-engineer, decompile, disclose, misappropriate, or otherwise use the MLS System, except as set forth in the documentation associated with the MLS System and the agreement entered into by Subscriber whereby Subscriber was granted a license to use the MLS System.
  7. Subscriber shall not create any interface between the MLS System and any other software program without the written consent of PCMLS.
  8. Subscriber shall not sell, license, publish, display, make available for access, distribute or otherwise transfer to any other party the MLS System or any copy thereof, or allow any other party to use the MLS System, directly or indirectly, in whole or in part, without PCMLS’s prior written consent.
  9. Subscriber shall, at its sole cost and expense, install all of the software on Subscriber’s computer that PCMLS shall require in its sole discretion, and Subscriber shall take all other action required by PCMLS from time to time.
  10. Subscriber’s use of the MLS System through a RETS Interface shall not be excessive such that, during any ninety (90) day period, the average kilobytes transferred per user session via a RETS Interface exceeds the average kilobytes transferred per user session via an Internet browser by twenty-five percent (25%) over ten (10) consecutive days.
  11. Subscriber shall not access the MLS System in any manner that adversely impacts the performance of the MLS System (“Adverse Use”).  Subscriber acknowledges that Subscriber’s access to the MLS System is subject to termination if Subscriber has failed to cure any Adverse Use within thirty (30) days written notice.
  12. Subscriber shall indemnify and hold harmless PCMLS, its officers, directors, managers, employees, agents, and representatives for any claims, losses, liabilities, damages, lawsuits, settlements, or other obligations arising from any acts, misuse, or Adverse Use of the MLS System by Subscriber, or by any officer, director, member, employee, or agent of Subscriber.
  13. License to IDX Listings to Agents. Upon the receipt of a written request from Participant, in a form acceptable to PCMLS, and so long as Participant, the applicable Agent, and/or an applicable Vendor are not in default under this Agreement, PCMLS’s Rules and Regulations or any agreement with PCMLS, PCMLS will grant to Participant, the applicable Agent of Participant, or the applicable Vendor, a license to the IDX Listings.  The license will only be granted pursuant to a License Agreement.  PCMLS has no obligation to grant a license to Participant, any Agent or any Vendor which does not enter into a License Agreement.  In addition to any applicable license fee payable by Participant, the Agent and/or the Vendor, Participant and Agent shall pay to PCMLS all costs and expenses incurred by PCMLS in connection with any licenses and any services provided by PCMLS in connection with such licenses.
  14. Limitations on Licenses. Except as expressly authorized in this Agreement or the Rules and Regulations, Subscriber agrees not to rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, store, time-share, or otherwise use the MLS Database or the information maintained in the MLS Database.  Subscriber further agrees to take all reasonable steps to protect the MLS Database from unauthorized access, copying or use.
  15. Intellectual Property Ownership; Enforcement.
  16. Subscriber acknowledges and agrees that the MLS Database, and all copies, modifications, enhancements, and derivative works of the MLS Database, are the property of PCMLS, and all right, title, and interest in and to the MLS Database, together with all copies, modifications, enhancements, and derivative works, including all copyright and other intellectual property rights are and shall remain with PCMLS.  Subscriber hereby irrevocably assigns to PCMLS any and all rights which it may have or acquire in and to the MLS Database.
  17. Participant hereby grants to PCMLS a non-exclusive, irrevocable, worldwide, royalty free license to use, copy, sublicense through multiple tiers, publish, display, and reproduce the Listing Content, to prepare derivative works of the Listing Content, and to distribute the Listing Content or any derivative works thereof.  Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party.  Participant represents and warrants to PCMLS with respect to the Listing Content for each of Participant’s Listings that  the Listing Content, and the license of rights in and to the Listing Content to PCMLS, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party.  Subscriber acknowledges and agrees that the Listing Content, and all copies, modifications, enhancements, and derivative works of the Listing Content, are proprietary, confidential, original works of authorship of PCMLS, or have been assigned or licensed to PCMLS, and are protected under United States copyright, trademark, and trade secret laws of general applicability.  Subscriber acknowledges and agrees that all right, title, and interest in and to the Listing Content, together with all copies, modifications, enhancements, and derivative works, including all copyright and other intellectual property rights are and shall remain with PCMLS or its licensors.  Subscriber hereby irrevocably assigns to PCMLS any and all rights not assigned to Broker which it may have or acquire in and to the Listing Content.  Nothing in this Agreement or the Rules and Regulations shall be deemed to convey to Subscriber an interest in or to the MLS Database or Listing Content, but only a limited right of access and use, revocable in accordance with the terms of this Agreement.
  18. Subscriber agrees not to challenge PCMLS’s rights in and to the Listing Content or the MLS Database or to take any action inconsistent with the provisions of this Section 6 of this Agreement or the license granted to the Listing Content under this Agreement.  Subscriber agrees to take all action and execute and deliver to PCMLS all documents requested by PCMLS in connection with the license granted to PCMLS in and to the Listing Content.  Subscriber further agrees to take all action and execute and deliver to PCMLS all documents requested by PCMLS in connection with the copyright application and registration of the Listing Content and the MLS Database.
  19. Participant shall indemnify PCMLS against all damages, costs, and liabilities, including reasonable attorney fees, arising from any claim that the Listing Content or any portion of the Listing Content infringes the rights of any third party.  PARTICIPANT ACKNOWLEDGES THAT THE FOREGOING SENTENCE MEANS THAT PARTICIPANT MUST OBTAIN ASSIGNMENTS OR LICENSES FROM THE AUTHORS OF ANY PORTIONS OF THE LISTING CONTENT, INCLUDING ASSOCIATES, PHOTOGRAPHERS SELLERS AND OTHER THIRD PARTY CONTRIBUTORS, AS NECESSARY FOR PARTICIPANT TO LICENSE THE LISTING CONTENT TO PCMLS AND TO OTHERWISE MAKE FULL USE OF THE LISTING CONTENT UNDER THIS AGREEMENT.  IF PARTICIPANT FAILS TO DO SO, PARTICIPANT WILL ASSUME AND REIMBURSE PCMLS FOR THE COST OF DEFENDING PCMLS AGAINST INFRINGEMENT CLAIMS AND PAYING DAMAGES ON ANY SUCH CLAIMS.
  20. Without limiting the generality of this Section 7.e, but subject to the rights of participants in PCMLS’s multiple listing service to opt out of inclusion with respect to Listings submitted by such participant as set forth in PCMLS’s Rules and Regulations, Subscriber acknowledges and agrees that PCMLS may use and license, or otherwise grant rights in or to the MLS Database or any or all of the Listings included in the MLS Database, including any and all Listing Content, to any third party for any lawful purpose reasonably deemed appropriate by PCMLS, unless otherwise limited by a separate agreement between PCMLS and the applicable broker or by the Rules and Regulations.
  21. Participant hereby grants to PCMLS all rights necessary for PCMLS to protect and enforce all intellectual property rights associated with the Listing Content, including all copyrights.  In accordance with the grant of such rights, Participant hereby irrevocably authorizes, empowers and vests in PCMLS the right, and appoints PCMLS as Participant’s attorney in fact, to do the following:
  22. Add watermarks or other means of identification to any and all Listings, regardless of whether such means of identification is visible, and take any and all other action deemed appropriate by PCMLS to identify the source of any misuse, infringement, or misappropriation of any Listing Content.
  23. Send demand letters, exercise rights under any applicable license agreements, and take any and all other action deemed appropriate by PCMLS to prevent the misuse, infringement, or misappropriation of any Listing Content.

iii. Enforce and compromise any and all intellectual property rights in the Listing Content, including all copyrights, whether such rights are held in the name of Participant or others, and take all action deemed necessary and appropriate by PCMLS in connection with the enforcement of all such rights, including, without limitation, the filing and prosecution of litigation or binding arbitration with respect to any potential claim of infringement, misappropriation, or other similar claim, the naming of any parties deemed appropriate by PCMLS, and the collection of any damages.

  1. Execute all documents, whether in the name of Participant and/or PCMLS, deemed appropriate by PCMLS to effect any of the foregoing.

Notwithstanding the foregoing, nothing in this Section 7 requires PCMLS to take any action against any person, firm, partnership or other entity that Participant claims may be infringing any Listing Content.

  1. Fees. In consideration for the rights granted in this Agreement, Subscriber agrees to pay to PCMLS the fees (the “Fees”) in the amount, and in accordance with the terms, established by PCMLS for subscribers to PCMLS’s multiple listing service, which amount and terms may be changed by PCMLS at any time effective upon thirty (30) days prior written notice to Subscriber.  Further, each Appraiser agrees to pay to PCMLS all unpaid Fees and other fees and amounts, plus interest, owing to PCMLS by any Appraiser Trainees working under the direction of or employed by such Appraiser.  In addition, each Appraiser agrees to pay to PCMLS an amount equal to the fees that would be owing by all Appraiser Trainees who are employed by or working under the direction of such Appraiser, and who are not Subscribers.
  2. Agreement With Agents. Participant agrees to cause all of Participant’s Agents who will receive access to the MLS Database through Participant to enter into these Terms of Use.
  3. Responsibility for Associates. Participant shall be responsible and liable to PCMLS for the acts and omissions of its Associates and shall be responsible for each Associate’s compliance with the Rules and Regulations.  Any failure to comply with the Rules and Regulations by an Associate shall be deemed a failure to comply by Participant, and Participant shall be responsible and liable to PCMLS for any damages incurred by PCMLS arising from or as a result of an Associate’s noncompliance with the Rules and Regulations.
  4. No Assignment by Subscriber. Subscriber agrees that this Agreement is personal to Subscriber, and Subscriber may not assign or transfer this Agreement, including any license granted under this Agreement, or transfer any rights or delegate any duties under this Agreement, to any third party.  Any attempt to assign, transfer, or delegate any of Subscriber’s rights, duties, or obligations under this Agreement shall be null and void.
  5. Interruptions in Service. Subscriber acknowledges that access to the MLS Database may from time-to-time be unavailable to Subscriber, whether because of technical failures or interruptions, intentional downtime for service or changes to PCMLS’s website, or otherwise.  Subscriber agrees that any modification of PCMLS’s website, and any interruption or unavailability of access to the MLS Database shall not constitute a default of any obligations of PCMLS under this Agreement, and PCMLS shall have no liability of any nature to Subscriber for any such modifications, interruptions, unavailability, or failure of access.
  6. Copies and Derivative Works. Except as otherwise expressly provided in this Agreement, PCMLS’s Rules and Regulations or a separate license agreement, Subscriber may not do any of the following, either directly or indirectly, including assist any other person to do, or otherwise contribute in any way to any of the following:
  7. Make any copies of the MLS Database, or any portion of the MLS Database, including any specific Listing Content included in the MLS Database;
  8. Create any derivative works, enhancements, or other modifications of the MLS Database, or any portion of the MLS Database, including any Listing Content included in the MLS Database;
  9. Download, distribute, export, or transmit the MLS Database, or any portion of the MLS Database, including any Listing Content included in the MLS Database, to any computer or other electronic device, or otherwise transmit electronically, or otherwise, the MLS Database, or any portion of the MLS Database, including any Listing Content included in the MLS Database; or
  10. Publicly display the MLS Database, or any portion of the MLS Database, including any Listing Content included in the MLS Database.
  11. Representations and Warranties Regarding Listings. 
  12. If Subscriber is a Participant or an Agent, then such Participant and Agent represent and warrant with respect to each Participant’s Listing or change to a Participant’s Listing submitted to PCMLS under this Agreement and PCMLS’s Rules and Regulations by Agent to Participant, the following:
  13. Agent and the respective Seller have assigned or licensed in writing all of Seller’s and Agent’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant..
  14. The Participant’s Listing complies in all respects with PCMLS’s Rules and Regulations.

iii. To the best of Participant’s and any applicable Agent’s knowledge and after reasonable due diligence to verify the accuracy of all information in the Participant’s Listing, all information included in the Participant’s Listing is accurate and not misleading.

  1. The Listing Content for each Participant’s Listing is an original work of authorship of Participant, or Participant is the assignee or licensee of such Listing Content pursuant to an enforceable assignment or license.  Except for Participant and any person or entity, which has assigned his, her or its rights in accordance with Section 4 of this Agreement, no other person or entity, including Agent or any Seller, has any rights of any nature in or to any of the Listing Content for any Participant’s Listing.
  2. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any Participant’s Listing.
  3. The Listing Content, and the assignment or license of rights in and to Listing Content to PCMLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.
  4. If Subscriber is an Appraiser, then such Appraiser represents and warrants the following:
  5. Subscriber is a State-Certified General Appraiser, State-Certified Residential Appraiser, State-Licensed Appraiser, or a State-Licensed Residential Appraiser in the state of Utah; and
  6. all of his/her Appraiser Trainees have entered into or accepted the terms of a Terms of Use.
  7. If Subscriber is an Appraiser Trainee, then such Appraiser Trainee represents and warrants that he/she is employed by or working under the direction of an Appraiser who has entered into or accepted the terms of a Terms of Use.
  8. Subscriber, unless Subscriber is an Administrative Member or Assessor, is licensed in the state of Utah to provide the professional services being offered by Subscriber, and is in good standing and not subject to any disciplinary action.
  9. When Subscriber clicks the “I Accept” icon associated with this Agreement, this Agreement will be valid, binding and enforceable with respect to Subscriber in accordance with its terms.  The execution of this Agreement and/or the performance of Subscriber’s obligations under this Agreement will not constitute a default, or an event which with the passage of time, the giving of notice, or both, would constitute a default, under any other agreement by which Subscriber is bound.
  10. If Subscriber is a Participant, then such Participant is a Broker.
  11. Subscriber shall comply with the Rules and Regulations and the requirements of the Utah Administrative Code and all other applicable laws and regulations.
  12. Signatory Representation and Warranty. The individual who clicks the “I Accept” icon associated with this Agreement (the “Signatory”) represents and warrants that he/she is the Subscriber or is authorized by the Subscriber to accept this Agreement and to bind Subscriber to the terms and conditions hereof.
  13. Submission of Listings by Agent. As a material condition to accessing the MLS Database, Participant, or Agent on behalf of Participant, agree to submit to PCMLS all Listings for properties listed for sale by Agent, in accordance with, and except as otherwise provided in, PCMLS’s Rules and Regulations.  PCMLS may refuse to accept or include in, and may remove from, the MLS Database, any Listing, or any Listing Content, or may require Participant or Agent on behalf of Participant, to direct PCMLS to modify any Listing Content, as provided under PCMLS’s Rules and Regulations, or if PCMLS determines, in its sole discretion, that any such Listing or Listing Content may violate or infringe upon the rights of a third party.  Notwithstanding the foregoing sentence, except as provided in PCMLS’s Rules and Regulations, Participant and Agent acknowledge that PCMLS has no obligation to remove, modify or refuse any Listing or Listing Content.  PCMLS grants to Participant and Agent a limited, non-exclusive, personal license to input Listing Content in the MLS Database, and modify such Listing Content, only on behalf of Participant and strictly in accordance with the terms and conditions of this Agreement and PCMLS’s Rules and Regulations.  Participant and Agent acknowledge and agree that any Listing or Listing Content, or any prospective Listing or Listing Content, submitted by Participant or its Associates to PCMLS may be accessible by other participants in or users of PCMLS’s multiple listing service, and PCMLS shall have no liability to Participant or Agent for providing such other participants or users access to any Listing or Listing Content, or any prospective Listing or Listing Content.
  14. Confidential Information. Any information provided by PCMLS to any Subscriber, including without limitation, any password to the MLS Database, any printouts of the MLS Database as provided under this Agreement, and all Listing Content, including personal information of a Seller (collectively “Confidential Information”) shall be maintained by Subscriber as confidential and available exclusively for use by the Subscriber as provided in this Agreement.  Subscriber shall not disclose any Confidential Information to anyone, except as ordered by a court of competent jurisdiction or as otherwise required by law.  Subscriber shall not disclose any Confidential Information pursuant to a court order or as required by law until Subscriber has given PCMLS ten (10) days prior written notice and an opportunity to oppose such disclosure.  Notwithstanding the foregoing, Subscriber may disclose Listing Content for individual Listings strictly in accordance with this Agreement and the Rules and Regulations.
  15. Additional Representations and Warranties of Participant and Agent.
  16. Participant and Agent represent and warrant the following to PCMLS: (i) Participant is a REALTOR®and principal real estate broker licensed and in good standing in the state of Utah; (ii) Agent is a real estate Agent licensed and in good standing in the state of Utah; (iii) Participant is a member of an Association that is organized in the state of Utah and is in good standing with such Association; and (iv) Participant is capable of offering and accepting cooperation and compensation to and from other participants in PCMLS’s multiple listing service in accordance with PCMLS’s Rules and Regulations.
  17. Participant and Agent further represent and warrant to PCMLS that (i) Agent is engaged at all times during the term of this Agreement as an agent of Participant, either as an employee or an independent contractor of a Participant; (ii) a Participant has consented to Agent entering into this Agreement; (iii) this Agreement, when executed by Agent and Participant, will be valid, binding and enforceable with respect to both Agent and Participant in accordance with its terms; (iv) the provisions of the services provided under this Agreement and the fulfillment of Participants or Agent’s obligations as contemplated under this Agreement are proper and lawful; and (v) Participant and Agent are not and shall not be under any disability, restriction or prohibition related to the execution of this Agreement and the performance of its obligations under this Agreement.
  18. Compliance with Governing Rules and Agreements.
  19. By entering into this Agreement, Subscriber represents and warrants to PCMLS that Participant has read and understands and shall be bound by and at all times fully comply with and perform all of Subscriber’s obligations under this Agreement, PCMLS’s Rules and Regulations, and the Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS®.  In addition to all other rights and remedies available to PCMLS under this Agreement and PCMLS’s Rules and Regulations, Subscriber acknowledges that PCMLS may levy fines against Subscriber for noncompliance with PCMLS’s Rules and Regulations as provided in PCMLS’s Rules and Regulations. A copy of PCMLS’s then-current version of PCMLS’s Rules and Regulations is available upon request.
  20. To the extent there is any conflict between this Agreement, an applicable Terms of Use, and PCMLS’s Rules and Regulations, PCMLS’s Rules and Regulations shall govern.
  21. No Warranty. THE SERVICES PROVIDED AND LICENSE GRANTED TO SUBSCRIBER UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY NATURE.  PCMLS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SPECIFICALLY, BUT WITHOUT LIMITATION, PCMLS DISCLAIMS ANY WARRANTY WITH RESPECT TO ANY LISTINGS, ANY LISTING CONTENT, AND THEIR ACCURACY.
  22. Limitation of Liability. 
  23. PCMLS’S ENTIRE AND CUMULATIVE LIABILITY TO SUBSCRIBER, OR ANY OTHER PARTY, FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE MLS DATABASE OR LISTING CONTENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY SUBSCRIBER TO PCMLS DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISES.
  24. WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PCMLS BE LIABLE TO ANY SUBSCRIBER OR ANY ASSOCIATE OR OTHER THIRD PARTY FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF PCMLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.  PCMLS SHALL HAVE NO LIABILITY OF ANY NATURE TO ASSOCIATES OR VENDORS.
  25. WITHOUT LIMITING THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT PCMLS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM PCMLS’S WEBSITE AND OTHER PORTIONS OF THE INTERNET.  SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.  AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT SUBSCRIBER’S OR OTHER THIRD PARTIES’ CONNECTIONS TO THE INTERNET, OR PORTIONS OF THE INTERNET.  ALTHOUGH PCMLS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, PCMLS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR.  ACCORDINGLY, PCMLS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
  26. Injunction. PCMLS and Subscriber agree that a breach or violation of this Agreement by Subscriber will result in immediate and irreparable injury and harm to PCMLS.  In such event, PCMLS shall have, in addition to any and all remedies of law and other consequences under this Agreement, the right to an injunction, specific performance or other equitable relief to prevent the violation of the obligation under this Agreement; provided, however, that, this shall in no way limit any other remedies which PCMLS may have, including, without limitation, the right to seek monetary damages.
  27. Temporary Suspension of Services. Without terminating this Agreement, if Participant’s principal broker license becomes inactive, Participant or any of his/her Agents may request temporary suspension of Participant’s participation in PCMLS’s multiple listing service for a period of up to twelve (12) consecutive months (a “Temporary Suspension Period”).  The request will be granted upon (a) prior written consent of PCMLS; (b) The payment of a suspension fee in an amount established by PCMLS, which amount may be increased from time-to-time in PCMLS’s sole discretion (the “Temporary Suspension Fee”), and; (c) payment in full of all amounts otherwise owing by Participant or Agent.  The Temporary Suspension Fee may be waived by PCMLS if Participant or Agent requests suspension for any of the following reasons: military service, full time church assignment, serious illness, or other similar reasons acceptable to PCMLS in its sole discretion.  At any time prior to the expiration of the Temporary Suspension Period, Participant or Agent may request, and upon the prior written approval of PCMLS shall be granted, a one-time extension of the Temporary Suspension Period for up to an additional twelve (12) months, subject to payment of an additional Temporary Suspension Fee.
  28. Term and Termination.
  29. The initial term of this Agreement shall commence on the Effective Date and, unless earlier terminated as provided in this Agreement, shall continue for a period of one (1) year.  This Agreement shall automatically renew for additional one (1) year terms unless either party gives written notice to the other party of non-renewal at least thirty (30) days prior to the expiration of the then-current term or this Agreement is otherwise terminated as provided in this Agreement.
  30. Either party may terminate this Agreement at any time for any reason upon thirty (30) days prior written notice to the other party.
  31. PCMLS may terminate this Agreement upon the occurrence of any of the following events: (1) Participant requests in writing that PCMLS terminate this Agreement as to an Agent; (2) Any Subscriber requests in writing that PCMLS terminate this Agreement as to such Subscriber; (3) Subscriber fails to pay any Fees when due; (4) Subscriber discloses any Confidential Information, including, without limitation, any password of Subscriber, except as expressly provided in this Agreement; (5) Subscriber otherwise fails to comply in all respects with the Rules and Regulations, or the Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS®; (6) Subscriber defaults under any material term or condition of any License Agreement; or (7) Subscriber defaults under any other material term or condition of this Agreement.  Except as otherwise provided in this Agreement, termination pursuant to this Section 24.c of this Agreement shall be effective at any time after PCMLS has given ten (10) business days notice to Subscriber of any such event, and such event has not been cured within such ten (10) day period.  Notwithstanding the foregoing sentence, if, in the reasonable discretion of PCMLS, the occurrence of any such event could result in irreparable harm to PCMLS, termination shall be effective immediately, without prior written notice to Subscriber, provided that notice shall be delivered to Subscriber within ten (10) business days following such termination.
  32. If Subscriber is an Agent, this Agreement shall automatically terminate upon the following:
  33. upon termination of the Terms of Use entered into by and between Participant and PCMLS; except that if Participant entered into the terminated Terms of Use, this Agreement shall continue in effect provided that another Participant enters into a Terms of Use within ten (10) days after termination of the terminated Terms of Use.  If another Terms of Use is not entered into within such ten (10) day period, this Agreement shall automatically terminate upon expiration of such ten (10) day period.
  34. upon Agent’s disengagement from Participant, unless Agent is engaged as an agent of another Participant, either as an employee or an independent contractor of such Participant within ten (10) days, and submits a transfer form and pays a transfer fee to PCMLS as provided in the Rules and Regulations.
  35. PCMLS may automatically terminate this Agreement upon the following:
  36. if Subscriber is an Administrative Member, Appraiser, Appraiser Trainee, or Assessor and he/she places a Listing in the MLS Database in his or her name.
  37. if Subscriber is an Administrative Member, if PCMLS receives written instruction from the applicable Agent or Participant, or if Administrative Member has violated these Rules and Regulations or is no longer employed by or affiliated with the Agent or employing REALTOR®.
  38. This Agreement may also terminate as provided under Section 28.d of this Agreement.
  39. In addition to all other rights and remedies available to PCMLS under this Agreement, if Subscriber fails to pay any Fees when due, or otherwise defaults under this Agreement, PCMLS may, in its sole discretion, temporarily suspend the license granted to Subscriber to access the MLS Database until all outstanding Fees have been paid in full or the default has been cured.
  40. Notwithstanding anything to the contrary in this Agreement, if Participant violates or is alleged to have violated the Rules and Regulations, Participant shall not be terminated in accordance with Section 24.c of this Agreement until any hearing or appeal rights of Participant have expired as provided in PCMLS’s Rules and Regulations.
  41. Upon termination of this Agreement, Subscriber agrees to immediately destroy any printouts of the MLS Database or Listing Content, and any copies of the MLS Database and Listing Content in Subscriber’s possession or under Subscriber’s control, including in possession of any Associates.  Upon termination of this Agreement, all licenses granted and all services provided to Subscriber under this Agreement shall terminate.  No pre-paid Fees will be refunded to Subscriber for any termination of this Agreement.
  42. Upon termination of this Agreement, all licenses granted and all services provided to Participant under this Agreement shall terminate.  In addition, any and all rights granted to Associates to access or use the MLS Database pursuant to PCMLS’s Rules and Regulations or separate agreement with PCMLS shall automatically terminate, unless otherwise expressly provided with respect to Agents under an applicable Terms of Use.
  43. If, for any reason, any Terms of Use is terminated, Participant agrees to either assign all Participant’s Listings originated by the terminated Agent to another Agent, or request that PCMLS terminate or change the status of Participant’s Listings originated by the terminated Agent.
  44. Indemnification by Participant and Agent.  Participant and Agent agrees to indemnify and hold harmless PCMLS, and its officers, directors, employees, shareholders and agents from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney’s fees and costs, arising out of or connected with any Listing Agreement, this Agreement, submission to PCMLS of any Listing or Listing Content and the inclusion of any Listing or Listing Content by Participant or Agent in the MLS Database, including, without limitation, any claim that the access to, display of, and/or use of any Listing Content infringes on or constitutes a misappropriation of any patent, copyright, or trade secret, or any other intellectual property right of any person or entity anywhere in the world, including any claims by Sellers.  PCMLS shall have the right to control its own defense and engage legal counsel acceptable to PCMLS.
  45. Proprietary and Other Notices. Subscriber agrees that it will not alter or remove any trademarks or copyright notices or other notices and disclaimers located or used on, or in connection with, the MLS Database or any printouts of the MLS Database allowed under this Agreement.
  46. IDX Advertising Consent. Unless Participant has made an express, written non-participation election for PCMLS’s Internet Data Exchange (“IDX”) program as described in PCMLS’s Rules and Regulations, Participant expressly consents to other participants in PCMLS’s IDX program to advertise all Participant’s Listings in accordance with the IDX policy set forth in PCMLS’s Rules and Regulations.
  47. General.
  48. Notices.  All notices, demands, or consents required or permitted under this Agreement shall be in writing and shall be delivered personally or sent by registered mail, certified mail, return receipt requested, by a reputable overnight courier service, or by e-mail, if the sender receives and maintains a copy of a certified mail receipt and a copy is mailed within (1) business day after notice is delivered by e-mail, to the appropriate party at the following addresses:

If to Subscriber:

At the street address or e-mail maintained by PCMLS for Subscriber.

If to PCMLS:

Park City Board of Realtors

1889 Prospector Avenue

Park City, Utah 84060

Attention: Jamie Johnson

Email:  jamie@parkcityrealtors.com

With a copy to:

Callister Nebeker & McCullough

Zions Bank Building

10 East South Temple, Suite 900

Salt Lake City, Utah 84133

Attention: John H. Rees

Email:  jhrees@cnmlaw.com

The foregoing addresses may be changed from time-to-time by delivering notice of such change, referencing this Agreement, to the parties to this Agreement.

  1. Governing Law; Submission to Jurisdiction.  This Agreement shall be governed by and construed in accordance with the laws of the state of Utah. Subscriber acknowledges that by using the services provided under this Agreement, Subscriber has transacted business in the state of Utah.  By transacting business in the state of Utah by agreement, Subscriber voluntarily submits and consents to, and waives any defense to the jurisdiction of courts located in Summit County, state of Utah, as to all matters relating to or arising from this Agreement.
  2. Costs of Litigation.  If any action is brought by either party to this Agreement against the other party regarding the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, costs, and expenses of litigation.
  3. Severability.  Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate or make unenforceable any other provision of this Agreement; except that if any provision of Sections 12, 20, or 21 of this Agreement, or any other limitation of liability or exclusion of warranty set forth in this Agreement, is determined to be invalid or unenforceable, then this Agreement shall immediately terminate without notice.
  4. No Waiver.  The waiver by either party of, or the failure of either party to take action with respect to, any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of such term, covenant or condition, or subsequent breach of the same, or any other term, covenant or condition contained in this Agreement.  The subsequent acceptance of any payment due under this Agreement by any party shall not be deemed to be a waiver of any preceding breach of the party making payment with respect to any term, covenant or condition contained in this Agreement.
  5. Entire Agreement; Modifications Only in Writing.  This Agreement, together with PCMLS’s Rules and Regulations and any applicable License Agreement, (i) constitutes the entire agreement between PCMLS and Subscriber concerning the MLS Database, Listing Content, and all other subject matter of this Agreement, (ii) supersedes any contemporaneous or prior proposal, representation, agreement, or understanding between the parties, and (iii) may not be amended except in writing signed by PCMLS and Subscriber.  In the event that there is any conflict between this Agreement and the terms of use of any PCMLS website, the terms of this Agreement shall govern.
  6. No Third Party Beneficiaries.  This Agreement is for the sole and exclusive benefit of PCMLS and Subscriber and is not intended to benefit any third party, including any Seller.  No third party may claim any right or benefit under or seek to enforce any of the terms and conditions of this Agreement.
  7. Effective Date.  This Agreement shall be dated effective as of the date Subscriber clicks the “I AGREE” button associated with this Agreement.
  8. Electronic Transaction.  The parties to this agreement expressly agree to conduct this transaction electronically pursuant to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 and the Uniform Electronic Transactions Act, Utah Code Ann. §§ 46-4-101 to 46-4-502.
  9. Survival.  The provisions of Sections 6, 8, 12, 17, 20, 20, 22, 24.i, and 25 of this Agreement shall survive the termination of this Agreement, including termination pursuant to Section 24.d of this Agreement.
  10. Definitions. The following terms shall have the following meanings in this Agreement:
  11. Affiliatemeans mortgage companies, property managers, title companies, and other real estate service providers, or others, who are affiliate members of PCMLS.
  12. Administrative Membermeans one of the following:
  13. A personal assistant, employed by a REALTOR®who is an Agent in good standing with PCMLS, and who does not list or sell real estate; or
  14. An office administrator or secretary employed by an Agent or Participant in good standing with PCMLS.
  15. Agentmeans a real estate agent or associate broker, as such terms are defined in the Title 61, Chapter 2, Utah Code Ann., who is engaged as an agent of Participant, either as an employee or an independent contractor of Participant.
  16. Appraisermeans a State-Certified General Appraiser, State-Certified Residential Appraiser, State-Licensed Appraiser, or State-Registered Appraiser.
  17. Appraiser Traineemeans a person training to become a real estate appraiser, who is employed by and working under the direction and supervision of an Appraiser.
  18. Assessormeans a staff member of a county assessor office in the state of Utah.
  19. Associatemeans Agents, non-principal brokers, appraisers, and any other agents or employees of Participant who may have access to the MLS Database subject to PCMLS’s Rules and Regulations and any applicable agreements with PCMLS
  20. Associationmeans an association of REALTORS® established and operated in accordance with the applicable rules and regulations of the NATIONAL ASSOCIATION OF REALTORS® .
  21. Effective Date has the meaning set forth in Section 28.h of this Agreement.
  22. Exempted Listingmeans a Listing which the respective Seller has withheld permission to have included in the MLS Database by PCMLS, or a Listing which is not required to be filed with PCMLS in accordance with PCMLS’s Rules and Regulations.
  23. IDXhas the meaning set forth in Section 27.
  24. IDX Listingsmeans all of the listings identified or defined as an IDX listing in PCMLS’s Rules and Regulations.
  25. License Agreementmeans a license agreement entered into between PCMLS and a Subscriber, or PCMLS and a third party at the request of Participant.
  26. Listingmeans a real estate listing of a participant in PCMLS’s multiple listing service.
  27. Listing Agreement means an enforceable, written, and fully executed agreement between Participant and a Seller whereby, among other things, Participant agrees to provide real estate sales services to Seller, and Seller agrees to pay compensation for services provided, including compensation to a cooperating Broker, if applicable, all in accordance with applicable law.
  28. Listing Content means all data and content, including without limitation, all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, and pricing information submitted by Participant to PCMLS with respect to all Participant’s Listings, except Exempted Listings.
  29. Membership Systemmeans the online software program through which a Subscriber is allowed access to the association management system available to PCMLS and which provides additional features and tools for Subscribers.
  30. MLS Databasemeans the compilation of Listings, including information for sold properties, known as the MLS Database, as modified from time-to-time by PCMLS, and which, as of the date of this Agreement, is available to Subscribers at www.pcmls.com.
  31. MLS Systemmeans the online software program through which a Subscriber is allowed access to the MLS Database and which provides additional features and tools for Subscriber.
  32. Participantmeans the principal real estate broker, as such term is defined in the Title 61, Chapter 2, Utah Code Ann., who is a REALTOR® in good standing.
  33. PCMLShas the meaning set forth on the first page of this Agreement.
  34. RETS Interfacemeans computer software that implements the National Association of REALTORS® Real Estate Transaction Standard (RETS) specification which supports specific security and search transaction defined in the RETS 1.7 specification located at http://www.reso.org, or a substitute website.
  35. Rules and Regulationsmeans the rules and regulations and policies and procedures, as amended, of the Association of which Participant is a member, including the rules and regulations of PCMLS.
  36. Sellermeans the seller(s) or lessor(s) of a property which is the subject of a Listing at issue under this Agreement.
  37. State-Certified General Appraisermeans a person who holds a current, valid certification as a state-certified general appraiser issued under the provisions of Utah Code Annotated, Section 61-2b-1 and following.
  38. State-Certified Residential Appraisermeans a person who holds a current, valid certification as a state-certified residential real estate appraiser issued under the provision of Utah Code Annotated, Section 61-2b-1 and following.
  39. State-Licensed Appraisermeans a person who holds a current, valid license as a state-licensed appraiser issued under the provision of Utah Code Annotated, Section 61-2b-1 and following.
  40. State-Licensed Residential Appraisermeans a person who holds a current, valid license as a state-licensed residential real estate appraiser issued under the provision of Utah Code Annotated, Section 61-2b-1 and following.
  41. Subscribermeans the Participant, Administrative Member, Agent, Appraiser, Appraiser Trainee, Assessor, or Affiliate who is the Signatory to this Agreement.
  42. Terms of Usemeans a subscription agreement, in a form acceptable to PCMLS in its sole discretion, entered into between PCMLS and Subscriber, which grants rights in PCMLS’s multiple listing service to Subscriber in accordance with the terms set forth in this Agreement.
  43. Vendormeans any person or entity which has entered into a License Agreement for display of real estate listings for Participant or an Agent of Participant.
  44. Standards of Conduct. Subscriber agrees to follow the Standards of Conduct established by PCMLS in the conduct of their business:

Standard 30.1
MLS participants shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other MLS participants have with clients.

Standard 30.2
Signs giving notice of property for sale, rent, lease, or exchange shall not be placed on property without consent of the owner(s) of record/landlord.

Standard 30.3
MLS participants shall not solicit a listing currently listed exclusively with another broker. However, if the listing broker, when asked by the MLS participant, refuses to disclose the expiration date and nature of such listing (i.e., an exclusive right-to-sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client) the MLS participant may contact the owner(s) to secure such information and may discuss the terms upon which the MLS participant might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing.

Standard 30.4
MLS participants shall not solicit buyer/tenant agreements from buyers/tenants who are subject to exclusive buyer/tenant agreements. However, if asked by an MLS participant, the broker refuses to disclose the expiration date of the exclusive buyer/tenant agreement, the MLS participant may contact the buyer/tenant to secure such information and may discuss the terms upon which the MLS participant might enter into a future buyer/tenant agreement or, alternatively, may enter into a buyer/tenant agreement to become effective upon the expiration of any existing exclusive buyer/tenant agreement.

Standard 30.5
MLS participants shall not use information obtained from listing brokers through offers to cooperate made through multiple listing services or through other offers of cooperation to refer listing brokers’ clients to other brokers or to create buyer/tenant relationships with listing brokers’ clients, unless such use is authorized by listing brokers.

Standard 30.6
The fact that an agreement has been entered into with an MLS participant shall not preclude or inhibit any other MLS participant from entering into a similar agreement after the expiration of the prior agreement.

Standard 30.7
The fact that a prospect has retained an MLS participant as an exclusive representative or exclusive broker in one or more past transactions does not preclude other MLS participants from seeking such prospect’s future business.

Standard 30.8
MLS participants are free to enter into contractual relationships or to negotiate with owner(s) of record/landlords, buyers/tenants or others who are not subject to an exclusive agreement but shall not knowingly obligate them to pay more than one commission except with their informed consent.

Standard 30.9
When MLS participants are contacted by the client of another MLS participant regarding the creation of an exclusive relationship to provide the same type of service, and MLS participants have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective upon expiration of any existing exclusive agreement.

Standard 30.10
In cooperative transactions, MLS participants shall compensate cooperating MLS participants (principal brokers) and shall not compensate nor offer to compensate, directly or indirectly, any of the sales licensees employed by or affiliated with other MLS participants without the prior express knowledge and consent of the cooperating broker.

Standard 30.11
MLS participants are not precluded from making general announcements to prospects describing their services and the terms of their availability even though some recipients may have entered into agency agreements or other exclusive relationships with another MLS participant. A general telephone canvass, general mailing, or distribution addressed to all prospects in a given geographical area or in a given profession, business, club, or organization, or other classification or group is deemed general for purposes of this rule.

The following types of solicitations are prohibited:

Telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as having exclusively listed their property with another MLS participant; and mail or other forms of written solicitations of prospects whose properties are exclusively listed with another MLS participant when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, for sale or for rent signs, or other sources of information intended to foster cooperation with MLS participants.

Standard 30.12
MLS participants, prior to entering into a representation agreement, have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service.

Standard 30.13
MLS participants, acting as buyer or tenant representatives or brokers, shall disclose that relationship to the owner(s) of record/landlord’s representative or broker at first contact and shall provide written confirmation of that disclosure to the owner(s) of record/landlord’s representative or broker not later than execution of a purchase agreement or lease.

Standard 30.14
On unlisted property, MLS participants acting as buyer/tenant representatives or brokers shall disclose that relationship to the owner(s) of record/landlord at first contact for that buyer/tenant and shall provide written confirmation of such disclosure to the owner(s) of record/landlord not later than execution of any purchase or lease agreement.

Standard 30.15
MLS participants, acting as representatives or brokers of owner(s) of record/landlords or as sub-agents of listing brokers, shall disclose that relationship to buyers/tenants as soon as practicable, and shall provide written confirmation of such disclosure to buyers/tenants not later than execution of any purchase or lease agreement.

Standard 30.16
MLS participants are not precluded from contacting the client of another broker for the purpose of offering to provide, or entering into a contract to provide, a different type of real estate service unrelated to the type of service currently being provided (e.g., property management as opposed to brokerage) or from offering the same type of service for property not subject to other brokers’ exclusive agreements. However, information received through a multiple listing service or any other offer of cooperation may not be used to target clients of other MLS participants to whom such offers to provide services may be made.

Standard 30.17
All dealings concerning property exclusively listed or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client’s representative or broker, and not with the client, except with the consent of the client’s representative or broker or except where such dealings are initiated by the client.

Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, MLS participants shall ask prospects whether they are a party to any exclusive representation agreement. MLS participants shall not knowingly provide substantive services concerning a prospective transaction to prospects who are parties to exclusive representation agreements, except with the consent of the prospects’ exclusive representatives or at the direction of prospects.  

Standard 30.30
Participants and subscribers, prior to or after their relationship with their current firm is terminated, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm. This does not preclude participants from establishing agreements with their associated licensees governing assignability of exclusive agreements. (Updated 6/2011)

Standard 30.19
These rules are not intended to prohibit ethical, albeit aggressive or innovative business practices, and do not prohibit disagreements with other MLS participants involving fees, or other forms of payment or expenses.

Standard 30.20
MLS participants shall not knowingly or recklessly make false or misleading statements about other real estate professionals, their businesses, or their business practices.
Standard 30.21
MLS participants’ firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable and readily apparent manner.

Websites of licensees affiliated with a participant’s firm shall disclose the firm’s name and the licensee’s state(s) of licensure in a reasonable and readily apparent manner.   (Adopted 11/2007)

Standard 30.22
MLS participants shall present a true picture in their advertising and representations to the public, including internet content, images and the URLs and domain names they use, and participants may not:

  1. engage in deceptive or unauthorized framing of real estate brokerage websites;
  2. manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result;

iii. deceptively use meta-tags, keywords or other devices/methods to direct, drive, or divert Internet traffic;

  1. present content developed by others without either attribution or without permission; or
  2. otherwise misleading consumers, including use of misleading images.

Standard 30.23

The services which MLS participants provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected in the specific real estate disciplines in which they engage; specifically, residential real estate brokerage, real property management, commercial and industrial real estate brokerage, land brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate auction, and international real estate.

MLS participants shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such assistance shall be so identified to the client and their contribution to the assignment should be set forth.

Adopted by PCMLS May 23, 2025.