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Terms of Use, Privacy Policy, Legal Disclaimer
This Agreement
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal
agreement (the "Agreement") between you ("You" or "Your")
and MLSdetails.com ("www.MLSdetails.com"
or "Publisher") regarding Your use of www.MLSdetails.com's website and
related non-legal services (collectively, the "Website"). By using
the Website, You represent and warrant that You have read and understood,
and agree to be bound by, the Agreement and www.MLSdetails.com's Privacy
Policy (the "Privacy Policy").
By using the Website, You further represent and warrant that You are 18
years old or older, and that You are otherwise legally qualified to enter
into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS
AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE
NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE
THE WEBSITE.
Obligations of User
By use of this Site you agree to fully and accurately describe any goods or
services offered, and to be solely and entirely responsible and liable for
any content posted by you or through your account.
You further agree not to post or publish any content, or to provide to
Publisher any information, or to use the Site in any way that is fraudulent
or involves the sale or offer of anything illegal; that is false, inaccurate
or misleading; that creates liability for Publisher; that violates any law,
statute, ordinance, or regulation; that discriminates on the grounds of
race, religion, national origin, gender, disability, age, marital status,
sexual orientation, familial status, color, ancestry, source of income,
housing status, or military discharge status; that is damaging, unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, obscene,
libelous, hateful, or invasive of another's privacy; that misrepresents you
or any other person in any way; that infringes any party's copyright,
patent, trademark, trade secret, or other proprietary rights or rights of
publicity or privacy; that is about, of, or concerning any person other than
yourself; that contains or constitutes any spam, scam, or unsolicited
promotional information; that contains or constitutes software viruses or
any other code, data, files, information, content, or matter of any kind
that is damaging to computers or to the operation of the Site.
You further agree not to save personal information about other users; not to
delete or alter any material posted by another user; not to post advertising
or solicitation in categories that are not appropriate; not to post the same
item or service in more than one category or more than once every 7 days;
not to disclose to or share with any third party any password you may be
issued to this Site, or to use your password for unauthorized purposes; and
not to contact any user by any method unless such contact is explicitly
welcomed by that user.
Rights of Publisher
By use of this Site you agree that Publisher ("MLSdetails.com") has the
right to modify or discontinue any or all parts of the Site without notice,
warning, or refund, even though such changes may affect the way you use the
Site; that Publisher shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Site or any part
thereof; that Publisher has the right (but not the obligation) to edit or
delete any posting, to limit or terminate any user's activity, and to refuse
use or service to any user for any reason without warning, notice, or
refund. You also agree that Publisher has the right to inform, notify, or
warn other users if any of your actions or postings are deemed inappropriate
or in any way contrary to the letter or spirit of this Agreement.
You understand that Publisher does not pre-screen, approve, or control the
content of the classified ads or other postings on this Site, nor does
Publisher guarantee their accuracy or quality. The Site may contain material
that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable to you. Publisher is not liable in any way for errors,
omissions, or objectionable content on the Site, or for any loss or damage
incurred as a result of using the Site.
Fair Housing
All real estate advertised on this Site is subject to the federal Fair
Housing Act, which makes it illegal to advertise any preference, limitation,
or discrimination based on race, sex, handicap, familial status or national
origin, in the sale, rental, or financing of housing.
MLSdetails.com will not knowingly accept any advertising that violates any
applicable law. All persons are hereby informed that all dwellings
advertised on this Site are available on an equal opportunity basis. If you
believe you have been discriminated against in connection with the sale,
rental, or financing of housing, call the U.S. Office of Fair Housing and
Equal Opportunity at 312-353-7776.
Content Rights
User grants to the Publisher the following worldwide, royalty-free, and
non-exclusive license(s), as applicable: with respect to any photos,
graphics, audio, or video that you submit or make available for inclusion on
the Site, the license to use, distribute, reproduce, modify, adapt, publicly
perform, and publicly display such material for a period to end no more than
120 days after the time you remove or the Publisher removes such material
from the Site; with respect to content other than photos, graphics, audio or
video, the perpetual, irrevocable and fully assignable and sub-licensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform, and publicly display such material, in whole or in part,
and to incorporate such material into other works in any format or medium
now known or later developed.
Links
Publisher has no control over and is not responsible for the content in
linked Sites and makes no representations about any content or material
available at these locations. Links are not intended to imply sponsorship,
affiliation, or endorsement and you access them at your own risk.
Disclaimer of Warranties
You expressly agree that use of this Site is at your own risk. Publisher
shall not be responsible for any content found on this Site. There is no
warranty that your access to or use of this Site will be uninterrupted or
error free, or that any particular results may be obtained by use of this
Site. This Site is made available on an "as is" and "as available" basis
without warranties of any kind, whether express or implied, including but
not limited to warranties of title or implied warranties of merchantability,
fitness for a particular purpose, non-infringement, or otherwise, other than
those which are implied by, and incapable of exclusion, restriction, or
modification under, the laws applicable to this Agreement. Neither Publisher
nor any other person or entity providing content via this Site shall be
liable to you for any direct, indirect, incidental, special, or
consequential damages. If you are dissatisfied with the Site, or any aspect
thereof, or do not agree with these Terms of Use, your only recourse and
exclusive remedy shall be to stop using the Site.
Modifications/Termination
The terms of this Agreement will not be modified on an individual basis. You
agree that we may modify the terms of this Agreement (or discontinue this
Site) in our sole discretion, without advance notice, and that your right to
access this Site is contingent on an ongoing basis with your compliance with
the then-current version of these Terms of Use. You should therefore visit
this page frequently.
Indemnity
You agree to indemnify and hold harmless all persons, including but not
limited to the Publisher and all other users of this site, from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your use of the Site, the violation of these Terms by you,
or the infringement by you, or other users of the Site using your computer,
of any intellectual property or other right of any person or entity.
Publisher reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you.
Severance and Waiver
User acknowledges and agrees that if any provision of these Terms of Use
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not
affect the validity or enforceability of any remaining provisions. You also
acknowledge and agree that Publisher will fully cooperate with any law
enforcement authorities or court order requesting or directing us to
disclose information or materials in our possession. Furthermore, if any
provision of these Terms 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.
Publisher's failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Publisher.
Violations and Misuse
Please report any violations of these terms or misuse of the system to us or
by clicking on the report as abuse link on the offending ad.
Except for public domain material, the content on this Site is protected by
intellectual property laws, including U.S. copyright laws.
Changes and Updates
www.MLSdetails.com may, at any time and without further notice, revise this
Agreement or the Privacy Policy by posting an amended version on the
Website. Any changes will be effective immediately upon posting. It is Your
responsibility to review this Agreement and the Privacy Policy periodically.
IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE
WEBSITE. Unless www.MLSdetails.com obtains Your express consent, any revised
Privacy Policy will apply only to information collected by
www.MLSdetails.com after such time as the revised Privacy Policy takes
effect.
www.MLSdetails.com also may, at any time and without notice, modify or
discontinue the Website. You agree that www.MLSdetails.com shall have no
obligation of any sort in connection with any modification or discontinuance
of the Website.
Informational Purposes Only
www.MLSdetails.com hereby grants You a nonexclusive license to download and
display the Website, and to reproduce the content located thereon, in each
case solely for Your personal, non-commercial use. www.MLSdetails.com
provides the Website for information purposes only. THE WEBSITE DOES NOT
CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR
OPINION. Under Section 230 of the Communications Decency Act of 1996 (a
common name for Title V of the Telecommunications Act of 1996),
MLSdetails.com is not liable for any information posted by its users. For
more information visit
http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act
Communications Made to Third Parties by Means of the Website
You acknowledge that any communications sent by You to third parties by
means of the Website (for e.g. through a "tell-a-friend" form), whether by
email or otherwise, are not private, and such communications may be read by
third parties with or without your knowledge. Further, You agree that the
content of any communications that you send to third parties by means of the
Website shall be non-confidential and non-proprietary. www.MLSdetails.com
reserves the right to use such communication for any purpose.
Prohibited Uses
You represent and warrant that You will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual
property or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code or other
harmful or destructive content;
c. Violate this Agreement, the Privacy Policy or any applicable law or
regulation, including without limitation laws designed to regulate
unsolicited email or other electronic advertising;
d. Harm the goodwill or standing of www.MLSdetails.com or any of its
clients, partners, employees, affiliates, agents, contractors or
representatives;
e. Attempt to probe, scan, test or violate the security features of
the Website or of any associated system or network, or to obtain
unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
www.MLSdetails.com reserves the right to cooperate fully in any
investigation by law enforcement officials of any violation of this
Agreement.
Third-Party Websites
The Website may contain links to websites operated by third parties ("Third-Party
Websites"). www.MLSdetails.com does not have control over Third-Party
Websites, each of which may be governed by its own terms of service and
privacy policy. www.MLSdetails.com has not reviewed, and cannot review,
Third-Party Websites, and therefore does not warrant or endorse any
Third-Party Website or the content appearing thereon. By visiting or using
Third-Party Websites, You assume all responsibility and liability for all
resulting harms, whether to You or to any third party, including without
limitation as resulting from Your downloading or use of any content,
software or other materials available therefrom.
Consent to Receive Email from www.MLSdetails.com
By becoming a client of www.MLSdetails.com, You consent to receive
www.MLSdetails.com's periodic newsletter (the "Newsletter"), which
www.MLSdetails.com distributes by email to Your address on file with
www.MLSdetails.com. When You complete www.MLSdetails.com's online contact
form, You may also choose to be added to www.MLSdetails.com's newsletter
emailing list. If You are not a client and would like to stop receiving
www.MLSdetails.com's newsletter or other automated follow-up emails, You
should click on the opt-out link contained in any of the email newsletters
or other automated follow-up emails.
Intellectual Property
The content located on the Website, including without limitation this
Agreement, is the copyrighted property of www.MLSdetails.com or its
licensors. Similarly, the www.MLSdetails.com name and all other names and logos used
by www.MLSdetails.com in connection with the offering of
www.MLSdetails.com's goods and services are the trademarks and service
marks, or registered trademarks or registered service marks, of
www.MLSdetails.com or its licensors. Except as explicitly permitted, neither
Your use of the Website nor this Agreement grants You any right, title or
interest in or to www.MLSdetails.com and www.MLSdetails.com's licensors'
copyrights, trademarks and service marks. Copyright © 2007 to the present,
MLSdetails.com. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website
infringes one or more of Your copyrights, please immediately notify
www.MLSdetails.com by means of a fax. Your fax should include: a signature,
electronic or physical, of the copyright owner or a person authorized to act
on their behalf; an identification of the copyright claimed to have been
infringed; a description of the nature and location of the material that You
claim to infringe Your copyright, in sufficient detail to permit
www.MLSdetails.com to find and positively identify that material; Your name,
address, telephone number and email address; and a statement by You (i) that
You believe in good faith that the use of Your copyrighted material is not
authorized by law, or by the copyright owner or such owner's agent and, (ii)
under penalty of perjury, that all of the information contained in Your
faxed notice is accurate, and that You are either the copyright owner or a
person authorized to act on their behalf.
www.MLSdetails.com is in no way affiliated nor endorsed by the NATIONAL
ASSOCIATION of REALTORS®
DISCLAIMER OF WARRANTIES
www.MLSdetails.com HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED
"AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW,
www.MLSdetails.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR
FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO
YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE
WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR
SYSTEMS OR DATA.
LIMITATION OF LIABILITY
THE LIABILITY OF www.MLSdetails.com IS LIMITED. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, www.MLSdetails.com SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR
NOTICE GIVEN TO www.MLSdetails.com, ARISING OUT OF OR RELATING TO YOUR USE
OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF www.MLSdetails.com
UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO www.MLSdetails.com
IN CONSIDERATION OF YOUR USE OF THE WEBSITE.
Indemnity
You agree to defend, indemnify and hold harmless www.MLSdetails.com and its
partners, employees, affiliates, agents, contractors and representatives
(the "www.MLSdetails.com Parties") from and against all claims,
losses, costs, damages, liabilities, and expenses (including without
limitation attorneys' fees) arising out of or relating to: (i) Your use of
the Website; (ii) any violation by You of this Agreement; or (iii) Your
submission to www.MLSdetails.com by means of the Website of incomplete,
inaccurate or untimely information or other data. The www.MLSdetails.com
Parties shall have the right, but not the obligation, to participate through
counsel of their choice in any defense by You under this Section.
Termination
In the event of a breach by You, this Agreement and all licenses granted
thereunder shall automatically terminate. Any termination of this Agreement
terminates all of Your rights to use the Website, including Your license to
the content located thereon. Without limiting any other provision of this
Agreement, www.MLSdetails.com reserves the right to, in its sole discretion
and without notice or liability, deny use of the Website to any person for
any reason or no reason at all.
Choice of Law; Jurisdiction and Venue
The Website is located and operated by www.MLSdetails.com in Massachusetts.
This Agreement shall be interpreted and enforced as though executed in North
Attleboro, and shall be governed by and construed in accordance with the
laws of the State of Massachusetts without regard to its conflict of law
principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR
RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL
COURTS LOCATED IN NORTH ATTLEBORO, MASSACHUSETTS. THE PARTIES HEREBY
STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION
AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL
SERVICE OF PROCESS.
Entire Agreement; Amendment
This Agreement constitutes the entire agreement between www.MLSdetails.com
and You concerning Your use of the Website. This Agreement may only be
modified as stated in Section 2, above, or by amendment signed by an
authorized representative of www.MLSdetails.com.
Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part
will be construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof.
Assignment
This Agreement and all of Your rights and obligations hereunder will not be
assignable or transferable by You without the prior written consent of
www.MLSdetails.com. Notwithstanding the foregoing, this Agreement will be
binding upon and will inure to the benefit of the parties, their successors
and permitted assigns.
Relationship
Without limiting any other provision of this Agreement, this Agreement
creates no agency, partnership, joint venture or employee-employer
relationship between You and www.MLSdetails.com.
=========================================
Our Website Privacy policy
This Privacy Policy describes the information that MLSdetails.com ("www.MLSdetails.com")
collects through its website (the "Website"), and how
www.MLSdetails.com uses that information. This Privacy Policy does not apply
to www.MLSdetails.com's collection of information by any other means,
including without limitation from its clients in the course of representing
them.
Each time you ("You," or "Your") use the Website, the
then-current version of this Privacy Policy will apply. Accordingly, each
time You visit the Website, You should check the date appearing at the end
of this Privacy Policy. If that date is later than the date of Your last
visit, You should review any changes to this Privacy Policy. IF AT ANY TIME
YOU FIND THIS PRIVACY POLICY UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE
WEBSITE. Unless www.MLSdetails.com obtains Your express consent, any revised
Privacy Policy will apply only to information collected by
www.MLSdetails.com after such time as the revised Privacy Policy takes
effect.
1. Information Collection
a. Personal Information. You need not provide
www.MLSdetails.com with personally identifying information (e.g., name,
telephone number, email address, city and/or state of residence) as a
condition of using the Website. However, Your failure to provide certain
personally identifying information when asked will prevent certain features
of the Website from functioning, or will prevent www.MLSdetails.com from
effectively responding to certain of Your requests. The Website will collect
only that personally identifying information that You affirmatively provide
in response to a direct request.
b. Non-Personal Information. www.MLSdetails.com uses Cookies to
collect non-personally identifying information in connection with the
Website. A Cookie is a string of information that a website stores on a
user's computer, and that the user's browser provides to the website each
time the user submits a query to the website. The purpose of any Cookie
placed on Your computer will be to identify You as a unique user of the
Website. www.MLSdetails.com does not use either Cookies to personally
identify users of the Website. In addition, www.MLSdetails.com uses common
tools to automatically gather information of the sort that Web browsers
automatically make available, such as the user's: (i) IP addresses; (ii)
domain servers; and (iii) computer and Web browser type (collectively
"Traffic Data").
c. Children. The Website is not directed to children under
thirteen years of age. It is the policy of www.MLSdetails.com not to
knowingly collect personally identifiable information children under the age
of thirteen.
2. Information Use and Disclosure
a. Personal Information. The Website and www.MLSdetails.com
will use the personally identifying information You provide to perform the
function or functions in connection with which You provide it.
www.MLSdetails.com may disclose Your personally identifying information to
third parties who assist www.MLSdetails.com in performing those functions,
provided those third parties have agreed to abide by this Privacy Policy.
www.MLSdetails.com will not without your prior consent disclose Your
personally identifying information to unaffiliated third parties for direct
marketing. www.MLSdetails.com reserves the right to disclose Your personally
identifying information under the following circumstances: (1) when required
to do so by law; (2) in response to a subpoena, court order or other valid
process; or (3) when www.MLSdetails.com believes in its sole discretion that
disclosure is necessary to protect the property or rights of
www.MLSdetails.com, third parties or the public at large.
b. Traffic Data and Information Gathered Using Cookies.
www.MLSdetails.com analyzes Traffic Data and information gathered using
Cookies to help www.MLSdetails.com better understand who is using the
Website and how they are using it. By identifying patterns and trends in
usage, www.MLSdetails.com is able to better design the Website to improve
the experiences of You and other users. From time to time,
www.MLSdetails.com may release Traffic Data and information gathered using
Cookies in the aggregate, such as by publishing a report on the usage of the
Website.
3. Business Transfers; Bankruptcy
www.MLSdetails.com reserves the right to transfer Your personally
identifying information to a successor organization in the event of a
merger, acquisition, or bankruptcy or other sale of all or a portion of
www.MLSdetails.com's assets. Other than to the extent ordered by a
bankruptcy or other court, the use and disclosure of all transferred
personally identifying information will be subject to this Privacy Policy,
or to a new privacy policy if You are given notice of that new privacy
policy and an opportunity to affirmatively opt-out of it. Personally
identifying information submitted or collected after a transfer may be
subject to a new privacy policy adopted by www.MLSdetails.com's successor
organization.
4. Third-Party Websites
The Website contains links to third-party websites, possibly including those
of certain www.MLSdetails.com clients. This Privacy Policy does not apply to
any information collected by those third-party websites. Before visiting or
providing personally identifying information to any third-party website, You
should review its privacy policy and practices, and should take those steps
necessary to, in Your discretion, protect Your privacy.
5. Ability to Access, Update and Correct Personal Information
To confirm the completeness and accuracy of, or make changes to, Your
personally identifying information on file with www.MLSdetails.com, or if
You no longer wish to receive www.MLSdetails.com's newsletter or other
materials requested from www.MLSdetails.com, please contact
www.MLSdetails.com at any time using our online contact form or email
address.
6. Communications Made to Third Parties by Means of the Website
You acknowledge that any communications sent by You to third parties by
means of the Website (for e.g. through a "tell-a-friend" form), whether by
email or otherwise, are not private, and such communications may be read by
third parties with or without your knowledge. Further, You agree that the
content of any communications that you send to third parties by means of the
Website shall be non-confidential and non-proprietary. www.MLSdetails.com
reserves the right to use such communication for any purpose.
7. Security of Personal Information
www.MLSdetails.com has implemented and maintains reasonable security
procedures and practices to protect against the unauthorized access, use,
modification, destruction or disclosure of Your personally identifying
information.
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If you are unclear or need clarification of any kind, please refrain from using this Site and contact MLSdetails.com
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Automatic notification of your desired real estate listing. Be the first with MLSalert™. Receive immediate notification to your email, cell phone, PDA, or other device. Sign up is easy, fast and safe with our No Spam Promise. Cancel anytime.
Sign up with MLSalert™
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MLSdetails™ is a FREE directory that allows REALTORS®, real estate agents and brokers to place their listings online and reach more home buyers. You also receive your own web page to showcase your listings, provide contact information and more. You have complete control over your listings information.
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Enjoy, it's free. Place your listings now.
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