Terms Of Service
Terms of Service
Effective February 1, 2011
1. AGREEMENT
"MLSLincolnWestonRealty" means MLSLincolnWestonRealty, a Massachusetts, service-marked, sole
properietorship located at P.O. Box 373, Lincoln, MA 01773.
MLSLincolnWestonRealty provides its websites and the services offered in
connection therewith to you subject to the following terms and conditions,
and any policies, guidelines or amendments thereto that may be presented to
you from time to time (collectively, the "Terms of Service"). In addition,
when using MLSLincolnWestonRealty owned or operated services, you and
MLSLincolnWestonRealty shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into these Terms of
Service. MLSLincolnWestonRealty may also offer other services that are
governed by different terms of service ("Additional Terms"). Such Additional
Terms are incorporated into these Terms of Service. If there is any
contradiction between the Additional Terms and the terms in this document,
then the Additional Terms shall take precedence in relation to that
MLSLincolnWestonRealty service. Unless explicitly stated otherwise, any new
features that supplement or enhance the current MLSLincolnWestonRealty
Services and the release of new MLSLincolnWestonRealty services and
functionality, shall be subject to these Terms of Service.
MLSLincolnWestonRealty may modify the Terms of Service without notice to you,
such modifications to take effect upon posting. You are responsible for
checking the most current version of the Terms of Service at http://MLSLincolnWestonRealty.com/tnc.php and the
MLSLincolnWestonRealty Privacy Policy at
http://MLSLincolnWestonRealty.com/privacy.php.
2. DESCRIPTION OF SERVICES
MLSLincolnWestonRealty provides users with access to a rich collection of
resources, including data aggregation and search services, communication
tools, coaching and training programs, legal and risk management tools,
prediction market, personalized content and branded programming through its
network of properties which may be accessed through any various medium or
device now known or hereafter developed (the "MLSLincolnWestonRealty
Services"). You understand and agree that the MLSLincolnWestonRealty Services
may include advertisements and that these advertisements are necessary for
MLSLincolnWestonRealty to provide the MLSLincolnWestonRealty Services.
MLSLincolnWestonRealty Services may include communications from
MLSLincolnWestonRealty, such as announcements, administrative messages and
MLSLincolnWestonRealty Services newsletters that are considered a benefit of
MLSLincolnWestonRealty Services and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features that
augment or enhance the current MLSLincolnWestonRealty Services, including the
release of new MLSLincolnWestonRealty properties, shall be subject to the
Terms of Service. You understand and agree that the MLSLincolnWestonRealty
Services are provided "AS-IS" and that MLSLincolnWestonRealty assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the MLSLincolnWestonRealty Services, and that access may
involve third-party fees (such as Internet service provider or airtime
charges) or software downloads over which MLSLincolnWestonRealty has no
control. You are responsible for those fees and downloads. In addition, you
must provide and are responsible for all equipment necessary to access the
MLSLincolnWestonRealty Services.
3. ELIGIBILITY TO USE SERVICE
Some MLSLincolnWestonRealty Services are available only to businesses, trade
groups or other organizations ("Clients") for use by their employees, agents
and members. If you are accessing the MLSLincolnWestonRealty Services through
an arrangement between MLSLincolnWestonRealty and a Client, the Client has
the sole right to determine eligibility. Clients provide
MLSLincolnWestonRealty with a list of persons who are eligible to receive
access to the Service. Your inclusion on this eligibility list is at the sole
discretion of the Client and MLSLincolnWestonRealty is not responsible for
your inclusion or exclusion. If a Client terminates your access to the
Services, you agree that MLSLincolnWestonRealty is not responsible for such
termination and that you have no recourse, and will take no action, against
MLSLincolnWestonRealty. In consideration of your use of
MLSLincolnWestonRealty Services, you represent that you are of legal age to
form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction.
4. USER ACCOUNT, PASSWORD AND SECURITY
In order to access certain MLSLincolnWestonRealty Services, you may be
required to provide current, accurate identification, contact and other
information ("Registration Data") as part of the registration process and/or
continued use of the services offered by MLSLincolnWestonRealty, its service
partners or affiliated companies ("MLSLincolnWestonRealty"). If you provide
any Registration Data that is untrue, inaccurate, not current or incomplete,
or MLSLincolnWeston-Realty has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
MLSLincolnWestonRealty has the right to suspend or terminate your account and
refuse any and all current or future use of MLSLincolnWestonRealty Services
(or any portion thereof). Because of the nature of our business, our services
and benefits are not designed to appeal to minors. We do not knowingly
attempt to solicit or receive any information from children. You will receive
a password and account designation upon completing the MLSLincolnWestonRealty
Services registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify MLSLincolnWestonRealty of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. MLSLincolnWestonRealty
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 4. If you make a business decision to
allow someone else, such as your personal assistant or office manager in your
real estate business, to access MLSLincolnWestonRealty Services to conduct
business on your behalf, all conduct and use of the Service by such employee
will be attributed to you and you will be held responsible for their
compliance with all Terms of Use applicable to their activities. You
acknowledge that providing a third party with your account access will allow
that third party to reach all of your accounts within the
MLSLincolnWestonRealty and all accounts of service providers for whom Single
Sign-on access has been enabled. See section 5 for more information about
single sign-on.
5. SINGLE SIGN-ON
MLSLincolnWestonRealty may cooperate with Clients and other service providers
to reduce the number of logins you are required to make to access
MLSLincolnWestonRealty's Services. This practice, pursuant to which one
organization authenticates your identity to another, is referred to as
"single sign-on" access ("Single Sign-on"). For example, if you login through
a Client website, you may be able to go straight to a MLSLincolnWestonRealty
Service such as IDX or MLS PIN, or a third party service such as
TransactionDesk, without logging in again, moving from one service provider
directly to another. The first service provider you login to (the
"originating party") does not share your password with the second service
provider (the "receiving party"), but instead asserts that the person who
logged in is entitled to access their account within the receiving party's
service. You may opt out of Single Sign-on service by contacting
MLSLincolnWestonRealty at info@MLSLincolnWestonRealty.com.
6. INTERSTATE NATURE OF COMMUNICATIONS ON MLSLincolnWestonRealty NETWORK
When you register with MLSLincolnWestonRealty, you acknowledge that in using
MLSLincolnWestonRealty's Services to send electronic communications
(including but not limited to email, search queries, uploading photos and
files to MLSLincolnWestonRealty Services and other Internet activities), you
will be causing communications to be sent through MLSLincolnWestonRealty's
computer networks, portions of which are located in Massachusetts and other
locations in the United States. As a result, and also as a result of
MLSLincolnWestonRealty's network architecture and business practices and the
nature of electronic communications, even communications that seem to be
intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the time of
transmission. Accordingly, by agreeing to these Terms of Service, you
acknowledge that use of the service results in interstate data transmissions.
7. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. You agree that you are
responsible for your own conduct and Content while using the
MLSLincolnWestonRealty Services and for any consequences thereof. You agree
to use MLSLincolnWestonRealty Services only for purposes that are legal,
proper and in accordance with these Terms of Service and any applicable
policies or guidelines. By way of example, and not as a limitation, you agree
that when using MLSLincolnWestonRealty's Services, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
upload, post, email or transmit or otherwise make available any
inappropriate, defamatory, infringing, obscene or unlawful Content;
upload, post, email or transmit or otherwise make available any Content that
infringes any patent, trademark, copyright, trade secret or other proprietary
right of any party, unless you are the owner of such rights or have the
permission of the owner to post such Content;
upload, post, email or transmit or otherwise make available messages that
promote pyramid schemes, chain letters or disruptive commercial messages or
advertisements, or anything else prohibited by law, these Terms of Service or
any applicable policies or guidelines.
download any file posted by another that you know, or reasonably should know,
cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material;
restrict or inhibit any other user from using and enjoying
MLSLincolnWestonRealty Services;
use MLSLincolnWestonRealty Services for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained
in or on Services;
interfere with or disrupt MLSLincolnWestonRealty Services or servers or
networks connected to MLSLincolnWestonRealty Services, or disobey any
requirements, procedures, policies or regulations of networks connected to
MLSLincolnWestonRealty Services;
use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of MLSLincolnWestonRealty Services or collect
information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is
sponsored or endorsed by MLSLincolnWestonRealty;
create user accounts by automated means or under false or fraudulent
pretenses;
promote or provide instructional information about illegal activities or
promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses or any items of a
destructive nature.
International users agree to comply with their own local rules regarding
online conduct and acceptable content, including laws regulating the export
of data to the United States or your country of residence. You acknowledge
that MLSLincolnWestonRealty may or may not pre-screen Content, but that
MLSLincolnWestonRealty and its licensors and designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse or
move any Content that is available through MLSLincolnWestonRealty Services.
Without limiting the foregoing, MLSLincolnWestonRealty and its licensors and
designees shall have the right to remove any Content that violates the Terms
of Service or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
MLSLincolnWestonRealty or submitted to MLSLincolnWestonRealty, including
without limitation information relating to real estate listings and
information in MLSLincolnWestonRealty message boards and in all other parts
of the MLSLincolnWestonRealty Services. You understand that the Service and
any necessary software used in connection with the Service embodied within
MLSLincolnWestonRealty Services may include security components that permit
digital materials to be protected, and that use of these materials is subject
to usage rules set by MLSLincolnWestonRealty and/or content providers who
provide content to MLSLincolnWestonRealty Services. You may not attempt to
override or circumvent any of the usage rules embedded into
MLSLincolnWestonRealty Services. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided through
MLSLincolnWestonRealty Services, in whole or in part, is strictly prohibited.
8. MLSLincolnWestonRealty PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://MLSLincolnWestonRealty.com/privacy.php. You understand that
through your use of MLSLincolnWestonRealty Services you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by MLSLincolnWestonRealty, its
Clients and affiliates. MLSLincolnWestonRealty will not be responsible or
liable for the exercise or non-exercise of its rights under the Terms of
Service. You understand that the technical processing and transmission of
MLSLincolnWestonRealty Services, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. You acknowledge,
consent and agree that MLSLincolnWestonRealty may access, preserve and
disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the Terms
of Service; (c) respond to claims that any Content violates the rights of
third parties; (d) respond to your requests for customer service; or (e)
protect the rights, property or personal safety of MLSLincolnWestonRealty,
its Clients, its licensors, its affiliate, service providers, users or the
public. MLSLincolnWestonRealty MAY COLLECT, RETAIN AND REPUBLISH CONTENT
WITHIN THE MLSLincolnWestonRealty SERVICES WHICH INCLUDES PERSONALLY
IDENTIFIABLE INFORMATION (PII) SUCH AS YOUR NAME, MAILING ADDRESS, PHONE
NUMBER OR EMAIL ADDRESS. MLSLincolnWestonRealty WILL PROVIDE A MEANS BY WHICH
TO CORRECT OR DELETE SUCH INFORMATION FROM THE SERVICE; PROVIDED, HOWEVER,
THAT IF YOUR ACCESS TO THE SERVICE IS THROUGH A MLSLincolnWestonRealty
CLIENT, AND MLSLincolnWestonRealty RECEIVED THE PII FROM SUCH CLIENT, YOU MAY
BE REQUIRED TO CONTACT THAT CLIENT TO MAKE THE CHANGES FIRST WITH THEM AND/OR
TO HAVE THEM VERIFY TO MLSLincolnWestonRealty THAT THE CHANGES SHOULD BE
MADE. MLSLincolnWestonRealty WILL NOT BE RESPONSIBLE FOR ANY TIME DELAY IN
MAKING A REQUESTED CHANGE WHEN THE INSTRUCTION OR VERIFICATION OF SUCH CHANGE
MUST COME FROM A CLIENT OR OTHER SOURCE. NEITHER MLSLincolnWestonRealty NOR
ITS SUPPLIERS OR CLIENTS ARE RESPONSIBLE FOR IDENTIFYING OR DELETING ANY PII
FROM MLSLincolnWestonRealty SERVICES.
9. PROPRIETARY RIGHTS
Rights in MLSLincolnWestonRealty Services
You acknowledge and agree that the MLSLincolnWestonRealty Services include
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in advertisements or otherwise provided by third parties is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
MLSLincolnWestonRealty or the Content provider, you agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works based on,
MLSLincolnWestonRealty Services or third party Content, in whole or in part.
MLSLincolnWestonRealty grants you a personal, non-transferable and
non-exclusive right and license to use the object code of software provided
to you by MLSLincolnWestonRealty as part of the MLSLincolnWestonRealty
Services ("Software") on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized
access to MLSLincolnWestonRealty services. You agree not to access
MLSLincolnWestonRealty Services by any means other than through the interface
that is provided by MLSLincolnWestonRealty for use in accessing
MLSLincolnWestonRealty Services. Any use of MLSLincolnWestonRealty's trade
names, trademarks, service marks, logos, domain names, and other distinctive
brand features must be in compliance with this Terms of Service. REALTOR's®
is a federally registered collective membership mark which identifies a real
estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS'
and subscribes to its strict Code of Ethics.
Rights in Content You Submit
MLSLincolnWestonRealty claims no ownership or control over any Content you
submit, post or display on or through the MLSLincolnWestonRealty Services.
You or a third party licensor, as appropriate, retain all patent, trademark
and copyright to any Content you submit, post or display on or through this
Website and you are responsible for protecting those rights, as appropriate.
By submitting, posting or displaying Content on or through
MLSLincolnWestonRealty services which are intended to be available to others
who use MLSLincolnWestonRealty Services or to the general public, you grant
MLSLincolnWestonRealty a worldwide, non-exclusive, royalty-free license to
reproduce, modify, adapt, publish, distribute and otherwise use, with or
without attribution, such Content on and in connection with
MLSLincolnWestonRealty Services solely for the purpose of displaying,
distributing, providing, enhancing and promoting MLSLincolnWestonRealty
Services and utilizing services of third parties in connection with the
MLSLincolnWestonRealty Services. You also authorize MLSLincolnWestonRealty to
sublicense your Content intended for display in connection with a
MLSLincolnWestonRealty Service to Clients to display through their websites,
and to sublicense and distribute your Content to third party service
providers who provide you with an account to use their services in connection
with the MLSLincolnWestonRealty Services. You further authorize
MLSLincolnWestonRealty to use your trademarks, service marks, trade names,
proprietary logos, domain names and any other source or business identifiers
in connection with MLSLincolnWestonRealty's authorized distribution of the
Content. This license and authorization terminates when your Content is
deleted from the MLSLincolnWestonRealty Services to which you originally
submitted. You represent and warrant that you hold all necessary rights
(including without limitation any copyright, trademark, patent, publicity or
other rights) in the Content you submit.
Rights in Content Submitted by Multiple Listing Services
Content provided by a multiple listing service ("MLS Content") is proprietary
information of such MLS and/or its associates, suppliers or licensors, under
copyright. Development of the MLS Content has involved the expenditure of
substantial time and money by the MLS and/or its associates, suppliers or
licensors. Except for the rights granted to you herein, you agree and
understand that each MLS and/or its associates, suppliers or licensors are
and shall remain the exclusive owners of all rights, title, and interest in
the MLS Content and all copyrights and renewals thereof, whether secured now
or in the future. Except for the rights granted you herein, all publication,
dissemination and other rights in and to MLS Content are reserved for such
MLS and/or its associates, suppliers or licensors in all languages, formats
and media throughout the world for the sole and exclusive use or any other
disposition by such MLS and/or its associates, suppliers or licensors, their
respective assignees or grantees at any time and from time to time without
obligation or liability to you. You acknowledge that neither
MLSLincolnWestonRealty nor the providing MLS attempts to independently verify
the currency, completeness, accuracy or authenticity of MLS Content. MLS
Content reported to and by MLS to MLSLincolnWestonRealty for use in
connection with the MLSLincolnWestonRealty Services may be subject to
transcription and transmission errors. MLS PROVIDES THE LICENSED CONTENT TO
MLSLincolnWestonRealty, AND MLSLincolnWestonRealty IN TURN PROVIDES THE
LICENSED CONTENT TO YOU, ON AN "AS IS" "AS AVAILABLE" BASIS. You agree to use
and rely on the MLS Content through the MLSLincoln-WestonRealty Services at
your own risk.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
MLSLincolnWestonRealty respects the intellectual property of others, and we
ask our users to do the same. MLSLincolnWestonRealty may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts of
users who may be repeat infringers. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide
MLSLincolnWestonRealty's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
MLSLincolnWestonRealty's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail: Copyright Agent, c/o MLSLincolnWestonRealty
P.O. Box 373, Lincoln, MA 01773
Phone: (781) 272-4777
Fax: (781) 272-8777
E-mail: info@MLSLincolnWestonRealty.com
11. NO RESALE
You agree not to reproduce, duplicate, copy, sell, trade or resell any
portion of the MLSLincolnWestonRealty Services, use of MLSLincolnWestonRealty
Services or access to MLSLincolnWestonRealty Services.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MLSLincolnWestonRealty may establish general practices
and limits concerning use of MLSLincolnWestonRealty services, including
without limitation the maximum number property listings that can be displayed
at any one time; the maximum number of days that email messages, message
board postings or other uploaded Content will be retained by
MLSLincolnWestonRealty Services; the maximum number of days that reports will
be available; the maximum number of email messages that may be sent from an
account on the MLSLincolnWestonRealty Services; the maximum size of any email
message that may be sent from an account on the MLSLincolnWestonRealty
Services; the maximum disk space that will be allotted on
MLSLincolnWestonRealty's servers on your behalf; and the maximum number of
times (and the maximum duration for which) you may access the
MLSLincolnWestonRealty Services in a given period of time. You agree that
MLSLincolnWestonRealty has no responsibility or liability for the deletion or
failure to store any Content or other communications maintained or
transmitted by or through MLSLincolnWestonRealty Services. You acknowledge
that MLSLincolnWestonRealty has set no fixed upper limit on the number of
transmissions you may send or receive through MLSLincolnWestonRealty Services
or the amount of storage space used; however, MLSLincolnWestonRealty retains
the right, at its sole discretion, to create limits at any time with or
without notice. You acknowledge that MLSLincolnWestonRealty reserves the
right to log off accounts that are inactive for an extended period of time.
You further acknowledge that MLSLincolnWestonRealty reserves the right to
modify these general practices and limits from time to time.
13. MODIFICATIONS TO MLSLincolnWestonRealty
MLSLincolnWestonRealty reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the MLSLincolnWeston-Realty
Services (or any part thereof) with or without notice. You agree that
MLSLincolnWestonRealty shall not be liable to you or to any third party for
any modification, suspension or discontinuance of all or any portion of
MLSLincolnWestonRealty Services.
14. TERMINATION
If you want to terminate this agreement with Real Estate Industry , you may
do so by (a) notifying MLSLincolnWestonRealty at any time and (b) closing
your accounts for all of Real Estate Industry Services which you use, where
Real Estate Industry has made this option available to you. Your notice
should be sent, in writing, to MLSLincolnWestonRealty's address which is set
out at the beginning of these Terms of Service. MLSLincolnWestonRealty may at
any time, without prior notice to you, terminate this agreement, your
MLSLincolnWestonRealty account and/or access to all or any portions of the
MLSLincolnWestonRealty Services if:
you have breached any provision of the Terms of Service or other incorporated
agreements or guidelines (or have acted in manner which clearly shows that
you do not intend to, or are unable to comply with such); or
you have disabled software required for functionality or requested removal of
personally identifiable information that is integral to use or delivery of
MLSLincolnWestonRealty Services; or
MLSLincolnWestonRealty is required to do so by law, law enforcement or other
government agency; or
you request termination (self-initiated account deletion); or
the Client with whom MLSLincolnWestonRealty offered MLSLincolnWestonRealty
Services to you has terminated its relationship with MLSLincolnWestonRealty
or ceased to offer MLSLincolnWestonRealty Services to you; or
a vendor who provides a service in connection with MLSLincolnWestonRealty
Services has terminated its relationship with MLSLincolnWestonRealty or
ceased to offer the service to you; or
the provision of the MLSLincolnWestonRealty Services to you by
MLSLincolnWestonRealty is, in MLSLincolnWestonRealty's opinion, no longer
commercially viable or must be materially modified; or
unexpected technical or security issues or problems arise; or
you have an extended period of inactivity; or
you engage in fraudulent or illegal activities or don't pay fees owed by you
in connection with MLSLincolnWestonRealty Services; or
MLSLincolnWestonRealty has any other reason to do so.
Termination may be full (all MLSLincolnWestonRealty Services) or partial (one
or more but fewer than all of the MLSLincolnWestonRealty Services).
Termination includes (a) removal of access to one or more offerings within
the MLSLincolnWestonRealty Services, (b) deletion of your password unless the
password is used to access MLSLincolnWestonRealty Services that are not
terminated, (c) deletion of all related information, files and Content
associated with or inside your account (or any part thereof), and (d) barring
of further use of all or any MLSLincolnWestonRealty Services. Further, you
agree that all terminations for cause shall be made in
MLSLincolnWestonRealty's sole discretion and that MLSLincolnWestonRealty
shall not be liable to you or any third party for any termination of your
account or access to the Real Estate Industry Services. Once terminated, you
may not be granted access to your account or any files or other Content
contained in your account although residual copies of information may remain
in the MLSLincolnWestonRealty or a service provider's system. Except as set
forth above or unless MLSLincolnWestonRealty has previously canceled or
terminated your use of all or any portion of the MLSLincolnWestonRealty
Services (in which case subsequent notice by MLSLincolnWestonRealty shall not
be required), if you have provided an alternate email address,
MLSLincolnWestonRealty will notify you via email of any such termination or
cancellation, which shall be effective immediately upon
MLSLincolnWestonRealty's delivery of such notice. Sections 14 and 17-24 of
the Terms of Service shall survive termination.
15. ADVERTISEMENTS
MLSLincolnWestonRealty Services may be supported by advertising revenue and
may display advertisements and promotions on or in connection with
MLSLincolnWestonRealty Services. The manner, mode and extent of advertising
by MLSLincolnWestonRealty on MLSLincolnWestonRealty Services are subject to
change. You agree that MLSLincolnWestonRealty shall not be responsible or
liable for any loss or damage of any sort incurred by you as a result of any
such dealings or as the result of the presence of such advertisers on or in
connection with MLSLincolnWestonRealty Services.
16. LINKS AND THIRD PARTY SERVICES
MLSLincolnWestonRealty or third parties may provide links and/or Single
Sign-on access to other World Wide Web sites or resources, and may distribute
third party software necessary for you to participate in some
MLSLincolnWestonRealty Services. Because MLSLincolnWestonRealty has no
control over such sites, software and resources, you acknowledge and agree
that MLSLincolnWestonRealty is not responsible for the availability of such
external sites, software or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that MLSLincolnWestonRealty shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
17. INDEMNITY
You agree to hold harmless and indemnify MLSLincolnWestonRealty, and its
subsidiaries, affiliates, officers, managers, agents and employees, Clients,
advertisers and service partners, from and against any third party claim
arising from or in any way related to your use of MLSLincolnWestonRealty
Services, violation of these Terms of Service or any other actions connected
with use of Real Estate Industry Services, including any liability or expense
arising from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees at all levels, of every kind
and nature. In such a case, MLSLincolnWestonRealty will provide you with
written notice of such claim, suit or action.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MLSLincolnWestonRealty AND
CONTENT PROVIDED THROUGH MLSLincolnWestonRealty ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MLSLincolnWestonRealty EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MLSLincolnWestonRealty MAKES NO WARRANTY THAT (i) MLSLincolnWestonRealty WILL
MEET YOUR REQUIREMENTS, (ii) MLSLincolnWestonRealty WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF MLSLincolnWestonRealty WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH MLSLincolnWestonRealty WILL MEET YOUR EXPECTATIONS,
AND (V) ANY SOFTWARE ERRORS WILL BE CORRECTED.
ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
MLSLincolnWestonRealty SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR SOFTWARE. You
acknowledge that neither MLSLincolnWestonRealty nor its suppliers, licensors,
Clients or affiliated parties attempt to independently verify the currency,
completeness, accuracy or authenticity of the Content appearing on the
Website or otherwise in connection with the Service. Content may be subject
to transcription and transmission errors. ACCORDINGY, THE CONTENT IS PROVIDED
TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS. YOU AGREE TO USE AND RELY ON THE
CONTENT PROVIDED THROUGH THIS SERVICE AT YOUR OWN RISK.
YOU AGREE THAT NEITHER MLSLincolnWestonRealty NOR ITS SUPPLIERS, CLIENTS,
LICENSORS OR SERVICE PARTNERS ARE RESPONSIBLE FOR IDENTIFYING AND DELETING
PERSONALLY IDENTIFIABLE INFORMATION IN THE CONTENT OR SERVICE UNLESS AND
UNTIL Real Estate Industry RECEIVES NOTICE TO DELETE SPECIFIC PERSONALLY
IDENTIFIABLE INFORMATION REGARDING A PARTICULAR PERSON. The parties further
recognize that inability to maintain personally identifiable information
about a person may result in a reduction or termination of
MLSLincolnWestonRealty Services to that particular person.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
MLSLincolnWestonRealty OR THROUGH OR IN CONNECTION WITH
MLSLincolnWestonRealty SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF SERVICE.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MLSLincolnWestonRealty SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF
MLSLincolnWestonRealty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MLSLincolnWestonRealty;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MLSLincolnWestonRealty; (v)
CONTENT PROVIDED BY A THIRD PARTY RELATING TO YOUR CONTENT OR (vi) ANY OTHER
MATTER RELATING TO MLSLincolnWestonRealty.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT
APPLY TO YOU.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of
Service, there shall be no third party beneficiaries to the Terms of Service.
22. NOTICE
You agree that MLSLincolnWestonRealty may provide you with notices, including
those regarding changes to the Terms of Service, by email, regular mail or
postings on MLSLincolnWestonRealty websites.
23. DISPUTES BETWEEN USERS OF MLSLincolnWestonRealty SERVICES
If you have a dispute with one or more users of MLSLincolnWestonRealty, you
release MLSLincolnWestonRealty (and its officers, directors, agents,
subsidiaries, Clients, service providers and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with the
debtor."
MLS Advantage
The MLS Advantage service entails cooperation among the participating
multiple listing services ("MLS's"). Because disputes may arise among service
users who belong to different MLS's, the MLS Advantage service has a
particular dispute resolution process. If you use the MLS Advantage service,
you agree to comply with that dispute resolution process, which requires
users to (1) mediate any claim or dispute between each other and (2) failing
a mediated settlement, submit the dispute to the interboard arbitration
procedure that the MLS's in which the two disputants participate have adopted
for this purpose. If you use the MLS Advantage service, you agree to submit
all claims or disputes with other users to mediation and arbitration as
follows:
Complete a written mediation request, found at http://fdm.adrforum.com/default.aspx.
Submit the request to the National Arbitration Forum ("NAF"), along with the
NAF's current filing fee, with a copy to the user with whom you have the
dispute.
The mediation shall be conducted according to the mediation rules of the
National Arbitration Forum ("NAF").
Unless otherwise agreed by you and the other user, the mediation shall be
held in the federal judicial district in which the first party to request
mediation resides.
Failing a mediated settlement, you shall submit the matter to arbitration
under the procedure agreed to by the MLS Client who provided your access to
the MLS Advantage service.
24. GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement
between you and MLSLincolnWestonRealty and govern your use of
MLSLincolnWestonRealty Services, superseding any prior agreements between you
and MLSLincolnWestonRealty. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
MLSLincolnWestonRealty services, affiliate services, third-party content or
third-party software. Choice of Law and Forum. The Terms of Service and the
relationship between you and MLSLincolnWestonRealty shall be governed by the
laws of the State of Massachusetts without regard to its conflict of law
provisions. You and MLSLincolnWestonRealty agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Middlesex, Massachusetts. Waiver and Severability of Terms.
MLSLincolnWestonRealty failure to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Terms of Service remain in
full force and effect. Statute of Limitations . You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out
of or related to use of MLSLincolnWestonRealty services or the Terms of
Service must be filed within one (1) year after such claim or cause of action
arose or be forever barred. Section Headings. The section headings in the
Terms of Service are for convenience only and have no legal or contractual
effect.
25. MLS PIN PROPERTY DATA INFORMATION PRESENTED ANYWHERE ON THIS WEBSITE
The property listing data and information set forth herein were provided to
MLS Property Information Network, Inc. from third party sources, including
sellers, lessors and public records, and were compiled by MLS Property
Information Network, Inc. The property listing data and information are for
the personal, non commercial use of consumers having a good faith interest in
purchasing or leasing listed properties of the type displayed to them and may
not be used for any purpose other than to identify prospective properties
which such consumers may have a good faith interest in purchasing or leasing.
MLS Property Information Network, Inc. and its subscribers disclaim any and
all representations and warranties as to the accuracy of the property listing
data and information set forth herein.