Article 17: PROPRIETARY AND OTHER NOTICES

Section 17.1 Notices

All notices, demands, or consents required or permitted under these Rules and Regulations 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, except that CVR MLS may deliver notices or demands, but not consents, by telephone, to the appropriate party at the following addresses:

If to Participant or Subscriber:
At the street address, e-mail, or telephone number set forth on the applicable MLS User Application.

If to CVR MLS:

8975 Three Chopt Road
Richmond, Virginia 23229 Attention: Laura Lafayette, CEO

The foregoing addresses may be changed from time-to-time by delivering notice of such change, referencing these Rules and Regulations, to CVR MLS or the applicable Participant or Subscriber, as the case may be.

Section 17.2 Governing Law

These Rules and Regulations shall be governed by and construed in accordance with the laws of the State of Virginia. Each User acknowledges that by providing Listings to CVR MLS and/or accessing the MLS Database, Participant or Subscriber has transacted business in the State of Virginia. By transacting business in the State of Virginia by agreement, each Participant and Subscriber voluntarily submits and consents to, and waives any defense to the jurisdiction of courts located in Henrico County, State of Virginia, as to all matters relating to or arising from these Rules and Regulations.

Section 17.3 Costs of Litigation

If any action is brought by CVR MLS or a Participant or Subscriber against CVR MLS or a Participant or Subscriber regarding the subject matter of these Rules and Regulations, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, costs, and expenses of litigation.

Section 17.4 Severability

Any provision of these Rules and Regulations 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 these Rules and Regulations.

Section 17.5 No Waiver

The waiver by any party of, or the failure of any party to take action with respect to, any breach of any term, covenant or condition contained in these Rules and Regulations 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 these Rules and Regulations. The subsequent acceptance of any payment due under these Rules and Regulations 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 these Rules and Regulations.

Section 17.6 No Third Party Beneficiaries

These Rules and Regulations are for the sole and exclusive benefit of CVR MLS and Participants and Subscribers and are 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 these Rules and Regulations.

If any provision of these Rules and Regulations shall be held to be invalid, illegal, or unenforceable, such holdings shall not affect the validity, legality or enforceability of the remaining provisions. These Rules and Regulations shall include any and all amendments thereto which may be from time to time approved and adopted by the CVR MLS Board of Directors.