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MLSdetails.com Terms Of Use, Privacy Policy, Legal Disclaimer, and Affiliate Agreement

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.

 

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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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Terms of use, Privacy Policy, Legal Disclaimer | Report Illegal Activity/Abuse | Google Sitemap | Sitemap 2 | Equal Housing Opportunity Equal Housing Opportunity

MLSdetails™ helps you to display real estate for sale, single family homes, multi-family (multifamily) homes, condominiums, condos, co-op, townhomes or town houses, commercial properties, rentals/for rent, manufactured/mobile homes, 55+, ranches, farms, land, foreclosures or foreclosed listings, REO (Real Estate/Bank Owned), MLS details may also include new homes, just listed, waterfront, FSBO, by owner, retirement, vacation, expired, investment property, rent to own, fee simple ownership and others. Properties listed are located throughout AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY.

Copyright© 2005-2010 MLSdetails.com. All Rights Reserved. All information and data provided is for viewer's/users personal, non-commercial use and may not be used for any purpose other than to identify prospective properties. All listing data is believed to be accurate, but the listing Agent, listing Broker, account holder or user, MLSdetails.com and its affiliates do not warrant or guarantee such accuracy. The viewer or user should independently verify all listed data prior to making any decisions based on such information by personal inspection and/or contacting a real estate professional. REALTOR® is a registered trademark that identifies a real estate professional who is a member of the National Association of Realtors (NAR) and subscribes to its code of ethics. MLS ® and Multiple Listing Service ® are trademarks of The Canadian Real Estate Association. The term REALTOR ®, and REALTORS ®, are trademarks owned by The Canadian Real Estate Association and the National Association of REALTORS®.

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