Article XI - Use of Data and Information in Advertising
Section 11.0 Use Of Data And Information In Advertising
For purposes of public mass media advertising or other public representations, the Service itself and any Participant may use data or information taken from the “statistical” report or from any “sold” or “comparable” report contained in any Service Compilation as the basis for aggregated demonstrations of market share or as comparisons with other firms. Subject only to the rights granted to Listing Brokers and Cooperating Brokers in the last sentence of Section 2.8, the foregoing authority does not convey the right to include in any such advertising or representation information about specific Listed Properties that were Filed by other Participants or Subscribers or that were sold by other Participants or Subscribers, in either case as either Listing Broker or Cooperating Broker.
Notwithstanding the foregoing, any advertising or other public representation permitted pursuant to the preceding sentence, irrespective of form, format or medium, shall be accurate and not misleading, shall clearly state the period of time covered by such advertising or other representation and shall include the following, or a substantially similar, notice:
“Based on information provided to and compiled by MLS Property Information Network, Inc. covering the period [Insert Initial Date] through [Insert Final Date].”
In addition, if the permitted advertising or other public representation contains a claim to market share based on any data or information contained in any Service Compilation, the advertising or other public representation (a) shall clearly identify the geographical area or statistical category to which the market share relates and (b) shall clearly state whether the market share is presented on a company-wide basis, on an office-to-office basis or on some other clearly articulated basis.
The Service shall have no liability or responsibility for the truth or accuracy of any data or information contained in any advertising or other public representation made or sponsored by a Participant and/or by any of its affiliated Subscribers, and each of such Participant and its affiliated Subscribers hereby agrees to indemnify the Service and to hold the Service harmless from and against any liability, damage, cost and expense arising from or out of any such advertising or other public representation.
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