Common use of Representations and Warranties Regarding Listings Clause in Contracts

Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s listing submitted to NM A. The respective Seller has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant; B. The Participant’s Listing complies in all respects with the Bylaws and Rules and Regulations; C. To the best of Participant’s and any applicable Associate Broker’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; D. 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 has any rights of any nature in or to any of the Listing Content for any Participant’s Listing; Along with the listing content, listing brokers are required to submit a minimum of one primary photo that accurately depicts the listed property except where sellers expressly direct that photographs of their property not appear in NM MLS compilations. Where the seller has expressly directed that a photo(s) not be included, the listing broker shall submit a NM MLS Required Photo Waiver Form signed by the listing broker and the seller(s) within seven (7) days of entering the listing into the NM MLS. Listing brokers who fail to submit a photo as provided in this Subsection 10.3.1 will be fined as set forth in the Participation Agreement. Photos shall not contain any forwarding remarks or logos, including, but not limited to brokerage signs and company names and/or logos. E. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any Participant’s listing; and F. The Listing Content, and the assignment of rights in and to Listing Content to NM MLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s listing submitted to NMNM MLS under this Agreement, Bylaws and the Rules and Regulations, the following: A. The respective Seller has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant; B. The Participant’s Listing complies in all respects with the Bylaws and Rules and Regulations; C. To the best of Participant’s and any applicable Associate Broker’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; D. 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 has any rights of any nature in or to any of the Listing Content for any Participant’s Listing; Along with the listing content, listing brokers are required to submit a minimum of one primary photo that accurately depicts the listed property except where sellers expressly direct that photographs of their property not appear in NM MLS compilations. Where the seller has expressly directed that a photo(s) not be included, the listing broker shall submit a NM MLS Required Photo Waiver Form signed by the listing broker and the seller(s) within seven (7) days of entering the listing into the NM MLS. Listing brokers who fail to submit a photo as provided in this Subsection 10.3.1 will be fined as set forth in the Participation Agreement. Photos shall not contain any forwarding remarks or logos, including, but not limited to brokerage signs and company names and/or logos. E. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any Participant’s listing; and F. The Listing Content, and the assignment of rights in and to Listing Content to NM MLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party.

Representations and Warranties Regarding Listings. Participant a. If Subscriber is an Agent, then Agent represents and warrants with respect to each ParticipantBroker’s Listing or change to a ParticipantBroker’s listing Listing submitted by Agent to NMBroker, the following: A. The i. Agent and the respective Seller has 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;Broker. B. ii. The ParticipantBroker’s Listing complies in all respects with the Bylaws and PCMLS’s Rules and Regulations;. C. iii. To the best of Participant’s and any applicable Associate BrokerAgent’s knowledge and after reasonable due diligence to verify the accuracy of all information in the ParticipantBroker’s Listing, all information included in the ParticipantBroker’s Listing is accurate and not misleading;. D. iv. The Listing Content for each ParticipantBroker’s Listing is an original work of authorship of Participantthe Broker, or Participant is the assignee has been assigned or licensee of such Listing Content licensed to Broker 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 AgreementBroker, no other person or entity entity, including Agent or any Seller, has any rights of any nature in or to any of the Listing Content for any ParticipantBroker’s Listing; Along with the listing content, listing brokers are required to submit a minimum of one primary photo that accurately depicts the listed property except where sellers expressly direct that photographs of their property not appear in NM MLS compilations. Where the seller has expressly directed that a photo(s) not be included, the listing broker shall submit a NM MLS Required Photo Waiver Form signed by the listing broker and the seller(s) within seven (7) days of entering the listing into the NM MLS. Listing brokers who fail to submit a photo as provided in this Subsection 10.3.1 will be fined as set forth in the Participation Agreement. Photos shall not contain any forwarding remarks or logos, including, but not limited to brokerage signs and company names and/or logos. E. v. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any ParticipantBroker’s listingListing. b. If Subscriber is an Appraiser, then Appraiser represents and warrants that i. It 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 F. The Listing Contentii. all of its Appraiser Trainees have entered into or accepted the terms of this Agreement or a separate Subscription Agreement. c. If Subscriber is an Appraiser Trainee, then Appraiser Trainee represents and warrants that it is employed by or working under the direction of an Appraiser who has entered into or accepted the terms of this Agreement or a separate Subscription Agreement. d. 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. e. When Subscriber executes 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 assignment performance of rights in 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. f. Subscriber shall comply with the Rules and to Listing Content to NM MLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or Regulations and the requirements of the Utah Administrative Code and all other proprietary rights of any third partyapplicable laws and regulations.

Representations and Warranties Regarding Listings. Participant represents and warrants with respect to each Participant’s Listing or change to a Participant’s listing Listing submitted to NMPCMLS under this Agreement and PCMLS’s Rules and Regulations, the following: A. a. The respective Seller has assigned or licensed in writing all of Seller’s rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Listing Content to Participant;. B. b. The Participant’s Listing complies in all respects with the Bylaws and PCMLS’s Rules and Regulations;. C. c. To the best of Participant’s and any applicable Associate BrokerAgent’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;. D. d. 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 has any rights of any nature in or to any of the Listing Content for any Participant’s Listing; Along with the listing content, listing brokers are required to submit a minimum of one primary photo that accurately depicts the listed property except where sellers expressly direct that photographs of their property not appear in NM MLS compilations. Where the seller has expressly directed that a photo(s) not be included, the listing broker shall submit a NM MLS Required Photo Waiver Form signed by the listing broker and the seller(s) within seven (7) days of entering the listing into the NM MLS. Listing brokers who fail to submit a photo as provided in this Subsection 10.3.1 will be fined as set forth in the Participation Agreement. Photos shall not contain any forwarding remarks or logos, including, but not limited to brokerage signs and company names and/or logos. E. e. There is no claim, litigation or proceeding pending or threatened with respect to the Listing Content for any Participant’s listing; andListing. F. f. The Listing Content, and the assignment or license of rights in and to Listing Content to NM MLSPCMLS, do not infringe or violate any patents, copyrights, mask work rights, trademarks, trade secrets or other proprietary rights of any third party. g. When Participant executes this Agreement, this Agreement will be valid, binding and enforceable with respect to Participant in accordance with its terms. The execution of this Agreement and/or the performance of Participant’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 Participant is bound. h. Participant is a Broker.