Membership Terms & Conditions

 CMLS - General Terms and Conditions - Privacy Policy

The submission of information to the CMLS, access to, and use of the CMLS website (located at www.cmlsmember.com), and the real estate information services provided thereon (collectively, the "Service") is subject to the following contractually binding terms and conditions (the "Terms and Conditions" or the "Agreement").

If you are viewing, using, or accessing the Service for free, you are a "User." If you are viewing, using or accessing the Service under a paid monthly service fee plan, you are a "Member" or "Customer.” These Terms and Conditions refer to Users and Customers collectively as "You." No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the CMLS website without express written permission from CMLS. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of CMLS or any of its affiliates, including without limitation any company owned or operated by CMLS (collectively, " CMLS" or the "Company") or acting on behalf of a competitor of CMLS in registering for or accessing the Service.

By viewing, using or accessing the Service, You agree that these Terms and Conditions are a binding legal agreement between You and CMLS. You also agree to be contractually bound by the CMLS Listing Policy & Guidelines (the "Listing Policies") and Privacy Policy, both of which are available by hyperlink at the top of this page. If You do not agree to these Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Notwithstanding anything to the contrary herein, if You and CMLS have entered into a previous written agreement that covers Your use of a CMLS product or services, the terms and conditions of this agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: General Counsel, CMLS, 1546 NW 56TH St., Seattle, WA 98107. CMLS may update these Terms and Conditions at any time, with or without notice to You. The latest version of the Terms and Conditions is available on the CMLS website.

AGREEMENT DURATION - Cancellation

CMLS MEMBER $95/MONTH

 

GENERAL PROVISIONS

Membership Privileges

Membership privileges are granted by CMLS to individuals exclusively and are granted specifically to the subscribing registered members only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of CMLS. By completing the registration process You become a "Member," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the CMLS system. Members are not permitted to share their individual login information with others. CMLS has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Listing Policies as posted and displayed on the CMLS website, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive a subset of results of the available loan programs matching the designated search parameters. In order to view all the available results for a given search, the Basic Member must upgrade to a Premium Membership. A Basic Member may also list loan projects on the Service, but those listings will only be able to be fully accessed and viewed in the search results of Premium Searchers.

CMLS utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant CMLS the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes CMLS determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. CMLS will use best efforts to honor Member's request to opt out of marketing messages, but under no circumstances will CMLS have any liability for sending any email to its Members. By becoming a Member, you acknowledge and agree that CMLS, and its corporate affiliates, may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.

Membership Services & Payments

CMLS is a marketing and software company. CMLS does not provide financial professional services or work with consumers on any level. CMLS accepts membership payments from CMLS "business" members subscribed to our Listing Service platform only, and does not accept payment in connection with the following businesses, business activities or business practices associated with Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities, lending instruments, money transmitters, check cashing, wire transfers, money orders; currency exchanges or dealers; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm.

Submission and Administration of Listings

Members may submit to CMLS property listings, including descriptions, scenarios, applications, property photographs, images, graphics and financial documents, contact and/or other information (collectively, the "Submitted Content") for each property loan listing at CMLS. By submitting a listing, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to CMLS use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to CMLS; (b) Your license of such content to CMLS hereunder does not, and the use or license of such content by CMLS to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney's fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded or submitted to CMLS in the past, present, or future, or elect to upload or submit in the future, post, e-mail or otherwise transmit to or via the Service, CMLS acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant CMLS and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that CMLS may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by CMLS and its affiliates. Member agrees not to submit any Submitted Content to CMLS unless Member has received all necessary rights and authorizations, including from the property owner(s), borrower(s) or owner of any photographs or videos, to publish and advertise the property loan listing on Member's website and CMLS website. Specifically, Member will not submit a photograph if Member received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph or video on the CMLS website. Where Member's listing incorporates content provided by CMLS or its affiliates, such as property photos or other images or information (collectively, " CMLS Materials"), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such CMLS Materials strictly in connection with Member's ICS Loans listing. All other rights to CMLS Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property loan listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active loan listings on the CMLS website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property loan listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the CMLS website and Company shall have the right to modify the property loan listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 75-day period are automatically changed to "Off Market" and are no longer viewable on CMLSmember.com. Member (a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property loan listing on the CMLS marketplace under a name other than the individually named Commercial Mortgage Broker or Brokers that have been engaged by the property owner or borrower to market the property loan listing under the terms of a duly executed loan listing agreement with the owner/borrower (shared accounts, e.g. listings@abcrealty.com are strictly prohibited); (c) agrees to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property loan listings posted on the CMLS website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information and other materials it provides to CMLS. CMLS may add digital watermarks to certain parts of your property listing, including photographs and documents You upload. We add these digital watermarks to protect against the copying or further distribution of your information without your permission. Member agrees that CMLS may adjust portions of the information contained within the Service (e.g., within property loan listings). Any such adjustments will have no material impact on the meaning and interpretation of property loan listings, but will serve as a means of uniquely identifying the property loan listings. Member accepts that this is a legitimate and lawful security precaution on the part of CMLS, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.

Use of Information

You agree to treat all information obtained from the Service, including CMLS Materials, listings, member directory, historical transaction information ("Property Comps"), and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to CMLS. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of CMLS. CMLS does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.

Email addresses that a Member uploads to to CMLS are for Member's use only; CMLS agrees not to use a Member's contact list.

CMLS Reports & Forms and other similar information, reports and services (individually and collectively " CMLS Forms "), the Service, and any and all Content offered by CMLS to You ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY CMLS, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

You shall limit access to, viewing of, and use of active property loan listings, member directory, and all other information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way without the written approval of CMLS. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other loan listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the CMLS Service as part of any effort to compete with CMLS, including without limitation using the CMLS Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential CMLS customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the CMLS Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy CMLS products, services or information; decompile, decode or reverse engineer CMLS software; or use CMLS products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

Passwords/Logins

Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. CMLS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.

Nature of Customer's Business

If a Member or an affiliate of Member intends to market loan listings directly via CMLSmember.com, such Member represents to CMLS that it either (a) markets, using its own facilities, loans which it is applying for directly, or (b) markets property loan listings for third parties.

Payment Terms

Customer agrees to pay for all products ordered through the CMLS website or via the CMLS sales team using the payment method indicated, and provides CMLS express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of CMLS products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, CMLS may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At CMLS option, Customer shall pay such taxes or fees directly or pay to CMLS any such taxes or fees immediately upon invoicing by CMLS. CMLS does not collect sales tax as our services are considered professional in nature. Recurring charges will not include sales tax in accordance with applicable laws of your state. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.

Monthly subscriptions will automatically renew using the Customer's current credit card account number unless Customer or CMLS cancels the subscription three (30) days prior to the renewal date. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or CMLS provides thirty (30) days' advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer's email account on record with CMLS.

If Customer has a question about a cancellation, Customer should contact CMLS Client Services at info@CMLSmember.com. The Company reserves the right to change its fees or billing methods at any time without notice. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the " CMLS Dashboard" section, once Customer has logged into www.CMLSmember.com. CMLS does not validate all credit card information required by the Customer's payment provider to secure payment.

The Customer must notify CMLS about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to CMLS attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

 

Purchase of Services & Products

Customer acknowledges that fees paid for each and every service or product purchase item are non-refundable, and may not be applied to another purchase item or service subscription purchase.

Unsolicited Commercial Email (Spam)

CMLS prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Real Estate Broker Email database or other email services that CMLS offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using CMLS, You agree to send email only to those who have given You consent or with whom You have an established business relationship. CMLS has the right to revoke the privileges of any party who breaches these terms.

Termination

CMLS reserves the right to terminate or suspend a Customer's account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of CMLS services, nonpayment of fees owed by you in connection with CMLS or its affiliates' services, account inactivity or technical or security issues. Upon termination, CMLS shall have no obligation to maintain or forward any content in your account. If Customer has a separate, written agreement with CMLS in which the Premium Lister or Premium Searcher portion of such agreement is designated to last more than one (1) calendar year, notwithstanding anything to the contrary in these Terms and Conditions, Customer may, on a one-time basis for no or any cause and without payment or penalty and upon written notice to CMLS, terminate the Premium Lister or Premium Searcher portion of such written agreement effective one year from the date CMLS receives such written notice, provided that such one-time termination right shall expire upon Licensee's exercise of its termination right under this provision.

Ownership and License Grant

CMLS retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the CMLS Website, CMLS Materials, forms, and brochures, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of CMLS technology or delete or alter author attributes or copyright notices. You shall use the CMLS system solely for Your own individual use and shall not share passwords with others or allow others to use the CMLS system under or through that Your login ID/email and password; nor shall any Member use the CMLS system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT SHALL CMLS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF CMLS's SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER'S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and CMLS entire liability under these Terms and Conditions shall be a refund of the fees paid to CMLS hereunder, and in no event will CMLS liability for any reason exceed such fee. CMLS (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify CMLS (and CMLS officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Warranty Disclaimers

THE CMLS SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CMLS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CMLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CMLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ICSLOANS SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM CMLS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CMLS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU

Maps and Directions Disclaimer

The maps and directions information provided by CMLS have been obtained from sources believed reliable, including Google Maps and Microsoft Virtual Earth. By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft's applicable Terms of Use. While ICS Loans does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither CMLS nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of CMLS information, products or services.

Links to Third Party Sites

This website may contain hyperlinks to other websites operated by parties other than CMLS and its affiliates which are beyond CMLS control. Parties other than CMLS may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use CMLS logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the CMLS site. CMLS does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. CMLS does not assume any liability for the actions, product, and content of all of these and any other third parties. CMLS makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When you click on a link that leaves the CMLS site, the site you will land on is not controlled by CMLS and different terms of use and privacy statements may apply. CMLS also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of CMLS

You agree that CMLS shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet. CMLS shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. CMLS shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. CMLS reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on CMLS corporate website, located at CMLSmember.com

Brokers and Agents

Any Customer who identifies himself or herself as a Commercial Mortgage Broker, Broker, Loan Officer, or Agent on the CMLS website member registration form or otherwise purports to be a broker on CMLS Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker in those states where required and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. ICS Loans does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the ICS Loans website.

Governing Law; Customer Right to Arbitrate

These binding Terms and Conditions, and the Deliverables provided by CMLS, shall be governed by the laws of the State of Washington, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Washington for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.

You acknowledge that any breach of these binding Terms and Conditions, including without limitation the restrictions on competitor use, viewing, or access and the sections above titled "Submission and Administration of Listings" and "Use of Information," or any unauthorized use of the Service, is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any User, Member, Customer, or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such User, Member, Customer, or other individual or entity, or any affiliate thereof, as binding upon CMLS and its affiliates. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of CMLS and its affiliates; detracts from Users' and Customers' trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of CMLS. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay CMLS's reasonable attorneys' fees and costs, to be determined by a court or arbitrator, but not less than $30,000, an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.

Should CMLS file or threaten to file a judicial action against Customer alleging violation of CMLS intellectual property rights or violation of use provisions of this Agreement as they pertain to products and services, Customer may elect to resolve CMLS claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in the State of Washington pursuant to the laws of the State of Washington. Such right must be invoked within twenty (20) days of CMLS filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent CMLS from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of CMLS, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of CMLS to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at CMLS.


PRIVACY


CMLS Privacy Statement

CMLS, a wholly owned division of ICS VENTURE PARTNERS LLC, (collectively “CMLS”, “we”, “us” or “our) provide this Privacy Statement that covers the website www.CMLSmember.com. By accessing, using or registering with CMLS web site, you accept and agree to CMLS's Privacy Statement. CMLS provides a variety of online services for commercial real estate professionals. CMLS values your privacy, feedback and candor very highly. Any user information we collect is considered private and we do not use it or share it except as permitted herein, without the user's permission. We use this personal information at CMLS to provide the best quality service possible. The following privacy statement summarizes CMLS protection and use of any personal information provided by visitors to the CMLS site.

This statement does not apply to any public area of CMLS web site or services. In the event you submit personal information to contact another member, contact a lister about a listing, create a listing, add a contact on a listing, such information becomes publicly available and CMLS is not responsible for the personal information you choose to submit to these services, forums, listings, or persons.

Information Collected by CMLS:

CMLS collects user information from several areas of the CMLS site including the 'New Member Registration' area (where CMLS collects each user's name, street address, telephone number, email address, and self-selected primary role in real estate); products; business services; the adding and editing of property listings; the adding and editing of Professional Profiles; email forms; and any surveys or contests that CMLS may sponsor. CMLS collects individual user search activity for statistical, archival, and business purposes. CMLS collects financial information (such as billing address, credit card number, expiration date) for billing payment and credit card authorization purposes. CMLS may track the IP address of a user's computer or place a "cookie" in the browser files of a user's computer. This is required by CMLS services to provide automated features.

Use of Information Collected:

Collected information helps CMLS better understand its users' needs in order to improve its product and service offerings. Email addresses are used to communicate with members through a weekly email news summary, Promotional emails, Partner emails and for site administration purposes. Users may be deleted from Promotional email and Partner email lists at their request. Personal information may be used to contact users for the purpose of research, product development, marketing, or customer service, if the user has opted to receive such communication. User search activity is collected and analyzed and may be utilized by CMLS in the aggregate or in the abstract for a variety of business purposes. Financial information is used to bill users for products and services purchased. Within CMLS, only accounting managers have access to the credit card account information. This information is not shared with anyone outside of CMLS. IP address and cookie log data is analyzed to better understand traffic flows and user preferences. CMLS may retain the data it collects indefinitely. You may have your personal information deleted or deactivated by sending an email info@CMLSmember.com You may be asked to confirm your identity. You will receive a response within 10 business days.

Use of Email Tools:

You may NOT use the Real Estate Broker Email service, Email a Listing service or other email services that we offer to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate CMLS Terms and Conditions. We may monitor, track or save the use of this feature, but will be under no obligation to monitor, track or save these email messages sent from these tools. If you send an email using the Email This Item to a Friend service to an email address that is not registered in our system, we do not use that email address for any purpose other than to send your email, and for us to automatically send your friend a one-time email inviting him or her to visit the site. CMLS stores this information for the sole purpose of sending this one-time email and for tracking the success of our referral program. We also do not rent or sell these email addresses of un-registered users.

Shared information:

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

These companies are authorized to use your personally identifiable information only as necessary to provide these services to us.

Though CMLS makes every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request served on our website and to any other third party with your prior consent to do so.

CMLS shares member information in the following areas on the site: Listing Service, Email Alerts and Professional Directory. When a member enters a sale or lease listing in the Listing Service, listing contact information is also entered. During this process, the listing submitter is able to view other members' contact information when he adds another contact beside himself to the listing. In addition, members searching CMLS can view contact information (name, email and phone number) when they view a property listing profile. CMLS allows users to share contact information with one another via its Email Alerts service. With Email Alerts users can save their property search criteria to have information about properties that match the specified criteria emailed to them. When selecting this service, users are given the option of releasing their contact information to other users who have property listings that match their criteria. This contact information is then shared with the users who have property listings that match the buying or leasing criteria. Unless required by law as detailed in this section or a user specifically takes action as discussed in this paragraph, CMLS does not share individual user search activity information and such activity information remains private to the individual user and to CMLS. Professional Profile users agree to share their contact information and allow all CMLS users to view their contact information via the CMLS Professional Directory or via links made available to users on a listing or in an email. CMLS users who do not opt out of the Professional Directory service during registration with ICMLS (or anytime thereafter) also agree to share their contact information via the CMLS Professional Directory.

CMLS shares information with its partners for the purpose of providing related services in which we deem our users have interest. The use that CMLS partners make of customer information will not exceed CMLS use of the data. Key billing information (such as credit card number, expiration date and dollar amount) gathered from users making online purchases of products or services is shared with Stripe, our credit card processing partner, in order to authorize charges to the credit card. CMLS also uses third party providers to perform email and postal mailings on behalf of CMLS, but this information (such as name, address and email) is confidential and is not used by the provider for any other purpose.

CMLS does not rent or lease user information to any third party, except as disclosed here. From time to time, CMLS may obtain information (such as electronic mail addresses) from third party providers. It is our goal to only contact individuals who we believe may have a legitimate business interest in CMLS based on their membership or participation in other organizations or web sites, and who have indicated a willingness to be contacted for this purpose. While CMLS endeavors to work with other sites and companies with a similar respect for user privacy, CMLS cannot be responsible for the privacy practices of other sites.

Security of personal information:

CMLS clients and their personal information are considered to be CMLS greatest asset and thus their privacy is treated with the utmost regard and respect. CMLS takes every reasonable precaution to secure personal information within both its computers and its physical premises.

The security of your personal information is important to CMLS. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Cookies and Tracking Technologies

Technologies such as: cookies, beacons, tags and scripts are used by CMLS and our advertising and ad retargeting partners, affiliates, analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to make it easier for you to use the site by storing your user preferences, such as the last location you searched, or for remembering your log in information so that you do not have to re-type it each time. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Log Files

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We do not link this automatically collected data to other information we collect about you.

Local Storage

We use Local Storage (LS) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LS such as HTML 5 to collect and store information.

Various browsers may offer their own management tools for removing HTML5 LS.

Behavioral Advertising

We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Testimonials:

We may post customer testimonials on our web site which may contain personal information such as the customer's name. We do obtain the customer's consent to post their name along with their testimonial prior to any posting of such testimonial.

Blog / Forum

Our Web site may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Social Media Widgets

Our Web site may include Social Media Features, such as the Facebook Like button [and Widgets, such as the Twitter button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.

Collection and Use of Third Party Personal Information

You may also provide personal information about other people, such as their name, physical address, email address and etc. This information is only used for the sole purpose of completing your request or for whatever reason it may have been provided.

Public Member Directory

We will list you in our publicly accessible member directory at your request.

Links to 3rd Party Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of CMLS. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Opting-out, editing, updating or deleting personal information:

CMLS utilizes email as a vital and primary communication channel with registered users and customers. As a registered user/customer, you hereby acknowledge and grant CMLS the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes CMLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. CMLS will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will CMLS have any liability for sending any email to its registered users/customers.

Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the CMLS Web site thirty (30) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with CMLS.

Notification Procedures:

CMLS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice (including via fax), or through posting of such notice on our website, as determined by CMLS in our sole discretion. CMLS reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described herein. CMLS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Loan Processing & Placement Fee:

The CMLS processes and places loans  through thousands of different lenders for Brokers. The CMLS charges a processing and placement fee of 0.5% of total gross loan amount on Conforming loans and 1% of the total gross loan amount on Non-Conforming loans (or $2500, whichever is more). A standard $1925 contract underwriting fee is charged on any loan  processed and placed with a lender through the CMLS.

Changes to this Privacy Statement:

If CMLS decides to change its privacy statement, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

CMLS reserves the right to modify this privacy statement at any time, so please review it frequently. If CMLS makes material changes to this statement, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.


Member agrees to all the terms and conditions of this Agreement. This agreement will commence and become a legal binding agreement upon online order and acceptance by member.