1. Who We Are
These Terms of Service (“Terms”) are a binding agreement between you and OneNation MLS Inc. (“Company,” “we,” “us,” “our”). Our website(s) and platform (collectively, the “Platform”) are available at onenationmls.com and any subdomains or related applications.
2. What the Platform Does (No Brokerage; No Legal Services)
The Platform provides software tools for real estate search and marketing, lead management, client/seller portals, offer and transaction workflow management, document storage, electronic communications, and related features (the “Services”).
WE ARE A TECHNOLOGY PROVIDER. We are not:
- a real estate brokerage, agent, or REALTOR® association;
- a multiple listing service operated by a REALTOR® association;
- an escrow company, settlement agent, title insurer, lender, appraiser, or home inspector; or
- a law firm.
We do not provide legal, tax, or financial advice. You are responsible for obtaining professional advice for your specific transaction.
3. Eligibility; Account Types
- Age: You must be at least 18 years old and able to form a binding contract.
- Account Types: The Platform may include consumer accounts, agent accounts, broker/office accounts, seller accounts, renter accounts, and other account types.
- Licensed Professionals: Certain features (including listing publication, offer submission, and transaction management) may be restricted to verified licensed real estate professionals and/or their authorized staff.
4. Acceptance of Terms
By creating an account, using the Services, or clicking “I agree,” you agree to these Terms and our policies referenced in these Terms, including:
5. Changes to Terms
We may update these Terms. If changes are material, we will provide notice (e.g., via email, in-app notice, or by updating the Effective Date). Continued use after changes become effective means you accept the updated Terms.
6. Your Responsibilities
You agree to:
- provide accurate information and keep it updated;
- keep your login credentials secure and promptly notify us of unauthorized access;
- use the Services lawfully and in compliance with all applicable rules, regulations, and professional obligations;
- obtain all necessary permissions and consents (including seller/client consent, marketing consent, and e-sign consent) before uploading or sending any materials; and
- ensure your use does not violate any third-party terms (including MLS/vendor agreements) where applicable.
7. Listings, Offers, Transactions, and Documents
7.1 Listings
Posting a listing is subject to the Listing & Data Policy. You represent you have all rights to post the listing content (including photos, remarks, and documents).
7.2 Offers/Transactions
The Platform may facilitate offer submission, counteroffers, messaging, tasks, document exchange, and workflow tracking. You are solely responsible for the content, legal sufficiency, and proper delivery of any offer or contract, including using appropriate state/association forms where required.
7.3 Time Sensitivity
Real estate transactions can be time sensitive. You are responsible for meeting deadlines and confirming receipt of communications and documents.
8. Communications; Consents; Texts/Calls/Email
- You consent to receive operational communications from us (e.g., account notices, security alerts).
- Marketing communications will be sent only where permitted, and you can opt out where required by law.
- If you use the Platform to send emails, texts, or calls, you are responsible for obtaining all required consents (including marketing consent), maintaining records of consent, honoring opt-outs, and complying with TCPA, CAN-SPAM, and similar laws.
9. Fees, Trials, and Billing
- Plans: Some Services may be free, paid, or offered under a trial or promotional period.
- Trials/Promotions: If offered, trials end automatically at the end of the stated period unless you cancel. We may change or end promotions.
- Billing: If you choose a paid plan, you authorize us (and our payment processor) to charge your payment method for fees and applicable taxes.
- Cancellation: You may cancel as described in the Platform. Unless required by law, fees are non-refundable once paid.
- Price Changes: We may change pricing with advance notice.
10. Content; Ownership; Licenses
10.1 Your Content
“User Content” means any content you upload or submit (e.g., listings, photos, remarks, documents, messages, and forms). You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, publish, transmit, and otherwise use your User Content solely to operate, improve, and provide the Services, including displaying listings to consumers and other users as configured by you and the Platform settings.
10.2 Feedback
If you provide suggestions, you grant us the right to use them without obligation.
10.3 Our Content
The Platform, software, design, and Company content are owned by us or our licensors and are protected by intellectual property laws.
11. Prohibited Conduct
You may not:
- use the Platform for illegal, harmful, fraudulent, discriminatory, or misleading activities;
- post false, deceptive, or unauthorized listings, offers, or documents;
- violate Fair Housing laws or publish discriminatory content;
- scrape, harvest, reverse engineer, or attempt to extract source code, data, or user information;
- interfere with security, access controls, or the operation of the Platform;
- send spam or unsolicited communications, or use the Platform to circumvent opt-outs;
- impersonate any person or entity; or
- upload malware or harmful code.
12. Third-Party Services
We may integrate with third-party services (e.g., mapping, e-signature, payment processors). Your use of those services may be governed by third-party terms. We are not responsible for third-party services.
13. Disclaimer of Warranties
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LISTINGS, DATA, OR SEARCH RESULTS ARE COMPLETE OR ACCURATE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
- OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (i) AMOUNTS YOU PAID US FOR THE SERVICES IN THAT 12-MONTH PERIOD OR (ii) $100.
15. Indemnification
You will indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from claims arising out of:
- your use of the Services;
- your User Content (including listings, photos, documents, and communications);
- your violation of these Terms or applicable laws; or
- your dispute with another user or third party.
16. Termination
We may suspend or terminate your account or access if we believe you violated these Terms or pose a risk to the Platform or others. You may stop using the Services at any time. Upon termination, certain sections will survive, including IP, disclaimers, limitations, indemnification, and dispute resolution.
17. Disputes; Arbitration; Class Action Waiver
17.1 Informal Resolution
Contact us at legal@onenationmls.com before filing a claim.
17.2 Arbitration
Any dispute may be resolved by binding arbitration administered by the American Arbitration Association in Austin, Texas, under its rules.
17.3 Class Action Waiver
Disputes will be brought only on an individual basis, not as a class or representative action.
17.4 Exceptions
Either party may seek injunctive relief for IP misuse or unauthorized access.
18. Governing Law; Venue
These Terms are governed by the laws of the State of Texas, without regard to conflicts of law. If arbitration does not apply, courts located in Travis County, Texas will have exclusive jurisdiction.
19. Miscellaneous
- Entire Agreement: These Terms and referenced policies are the entire agreement.
- Severability: If a provision is invalid, the remainder remains in effect.
- Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger or sale.
- No Waiver: Failure to enforce a provision is not a waiver.
20. Contact
Questions about these Terms: