Terms

MassRealty Company Terms and Conditions of Service

Effective as of May 22, 2020

Thank you for using the Mass Realty website and the products, services and content accessible on this website (collectively, the “MassRealty Portal”).  

ABOUT THE MASSREALTY PORTAL

The Mass Realty Portal allows users to shop for and purchase residential properties and other products and services related to the purchase, maintenance and furnishing of such properties, along with providing content relating to residential properties and their locales. More information describing the features and opportunities provided by the Mass Realty Portal is provided in our home page.

ACCEPTANCE OF TERMS AND CONDITIONS

Your use of the Mass Realty Portal is subject to these terms and conditions and any other policies referenced herein. If you do not understand these Terms and Conditions, or do not accept any part of them, then you may not use the Mass Realty Portal.

ABOUT MASS REALTY

Mass Realty Company is a corporation operating under the laws of Delaware, located at 16192 Coastal Highway Lewes, DE 19958 (referred to as “Mass Realty”, “we”, “us”, or “our”). Any other companies controlled by or controlling Mass Realty or any companies controlled or controlling any companies controlled by or controlling Mass Realty are referred to as “Affiliates” in these terms and conditions.

ELIGIBILITY TO USEMASS REALTY PORTAL

By agreeing to these Terms and Conditions, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Mass Realty Portal; and (c) your registration and your use of the Mass Realty Portal is in compliance with all applicable laws and regulations.

USE OF MASSREALTY PORTAL

The content on the MassRealty Portal includes, among other things videos/photographs, advertising, audio/music, text, branding (including, among other things, trade names and trademarks, software, metrics, and other materials whether provided by you, MassRealty or a third-party (collectively, "Content”).

Compliance with these Terms and Conditions is the responsibility of all persons or entities that provide Content to the MassRealty Portal. MassRealty is under no obligation to host or serve content. If you see any Content you believe does not comply with these Terms and Conditions or applicable law, please promptly notify us of such non-complying content.

USER SECURITY

You will be required to open a user account to access many of the features on the Mass Realty Portal. The registration process may require you to provide some information about yourself, such as contact information.  You agree to provide such information accurately and to update it as necessary to maintain its accuracy. It is your responsibility to keep your account and password confidential. You should not reuse your Mass Realty account password on any other application, website, or other account. If you learn of any unauthorized use of your Mass Realty Portal account, please promptly notify us of such unauthorized use.  Mass Realty is not liable for any damages caused by unauthorized use of your Mass Realty Portal account. You are not allowed to share your user account with other persons or entities.

USE OF USER DATA

The MassRealty Portal Privacy Policy explains how we treat your personal data and protect your privacy when you use the service.

RESTRICTIONS OF USE

BY USING THE SERVICES, YOU AGREE NOT TO:

1. reproduce, transmit, license modify, distribute, display or otherwise provide access to, decompile, disassemble, or reverse engineer any portion of the Mass Realty Portal, except as explicitly permitted under these Terms and Conditions;

2. provide or post any links from a third-party website without the express written permission of Mass Realty;

3.remove or modify any intellectual property notices that appear on the Mass Realty Portal;

4. use the Mass Realty Portal in any way that is unlawful, or harms Mass Realty Group, its Affiliates and its users;

5.distribute or post spam, chain letters, pyramid schemes, or other similar unwanted promotion or commercial content on the Mass Realty Portal;

6.impersonate another person or entity or misrepresent your affiliation with another person or entity;

7. interfere with or circumvent, or compromise the system integrity or security of the Mass Realty Portal, or otherwise bypass any measures Mass Realty may use to prevent or restrict access, copying or use of the Mass Realty Portal;

8. use any part of Mass Realty’s trademarks or other intellectual property for any purpose without the express written consent of Mass Realty;

9. use of any automated methods of accessing the Mass Realty Portal of any information or content on the Mass Realty Portal, including, among other things, robots, crawlers, scrapers, or botnets; or

10. use any feature, content or information on the Mass Realty Portal to develop competitive products or services.

USER CONTENT

Using the Service does not give you ownership of or rights to any aspect of the MassRealty Portal, including user names or any other content posted on the MassRealty Portal.

No audio or video content may be uploaded to the MassRealty Portal, unless the content creator has executed a Content Creation Agreement with MassRealty.

 Certain portions of the MassRealty Portal may allow users to post comments or reviews. MassRealty reserves sole and complete editorial discretion with respect to such posts and may remove such posts for violating these Terms and Conditions or containing language or content that is inappropriate, including, without limitation, hate speech, threats, or off-topic discussion. 

FEES

You may be required to pay fees to access some or all features of the MassRealty Portal. All fees are non-refundable. You authorize MassRealty to charge all fees as described in these Terms and Conditions to your selected payment.

The MassRealty Portal may allow for automatically recurring payments for periodic charges ("Subscription"). If you activate a Subscription, you authorize MassRealty to periodically charge, on a going-forward basis, all amounts due on or before the payment due date. The Subscription will continue unless and until you cancel your Subscription, or it Is terminated by MassRealty. You must cancel your Subscription before the next billing period in order to avoid billing of the next periodic Subscription fee to your account. Unless otherwise stated in your product-specific agreement, you may cancel a Subscription by contacting us at info@massrealty.com or through your settings page for the paid feature.

ACCOUNT STATUS

You may stop using the MassRealty Portal at any time, although MassRealty will not refund any subscription fees for time remaining until the subscription expires.

MassRealty may suspend or terminate your account if (a) you breach these Terms and Conditions or any other written policies of MassRealty; (b) MassRealty is required to do so to comply with a legal requirement or court order; or (c) we reasonably believe your conduct may create liability or harm to any user, other third party, MassRealty or its Affiliates. In addition, MassRealty may in its sole discretion terminate or restrict your account at any time for any reason, with or without notice and is not liable for such termination or restriction.

CHANGE TO MASSREALTY PORTAL

From time to time, Mass Realty may change the Mass Realty Portal. Any such changes may impact current users. Although Mass Realty will attempt to communicate about such changes in advance, Mass Realty reserves the right to make such changes immediately and without notice in its sole discretion.  

WARRANTY DISCLAIMER

THE MASSREALTY PORTAL IS PROVIDED “AS IS” AND MASSREALTY AND ITS AFFILIATED DO NOT MAKE ANY SPECIFIC REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE MASSREALTY PORTAL, ITS ACCURACY OR RELIABILITY.  YOU AGREE THAT YOU ASSUME ALL RISK AND LIABILITY FOR ANY DAMAGE OR HARM RESULTING FROM ANY USE OF THE MASS REALTY PORTAL AND THE INFORMATION AND CONTENT FROM OR ON THE MASSREALTY PORTAL.

LIMITATION OF LIABILITY

MASSREALTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, REVENUES, GOODWILL OR ANY OTHER INTANGIBLE LOSS, INDIRECT OR CONSEQUENTIAL LOSS, PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE MASSREALTY PORTAL, INCLUDING, BUT NOT LIMITED TO: (1) ERRORS, MISTAKE OR INACCURACIES OF ANY CONTENT OR INFORMATION, (2) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION OR CLAIM, (3) ANY NATURE OF PERSONAL INJURY OR PROPERTY DAMAGE, (4) ANY UNAUTHORIZED ACCESS OR USE OF THE MASSREALTY PORTAL OR ANY INFORMATION OR CONTENT CONTAINED ON THE MASSREALTY PORTAL, (5) ANY INTERRUPTION OR CESSATION OF THE MASSREALTY PORTAL, AND VIRUSES OR OTHER TYPES OF MALICIOUS CODE OR SCRIPTS TRANSMITTED TO OR THROUGH THE MassRealty PORTAL BY ANY THIRD PARTY, AND/OR ANY CONTENT SUBMITTED BY A USER, AND/OR (6) THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT OR SERVICE.

MASSREALTY AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO USD $100.

INDEMNITY

You agree to indemnify, defend, and hold harmless MassRealty, its Affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, losses, obligations, liabilities, demands, or costs (including, but not limited to attorneys’ fees) arising from or related to: (a) your access to or use of the MassRealty Portal; (b) your breach of these Terms and Conditions; (c) your violation of any law or any third party right; (d) any dispute between you and any third party; (e) any content you make available on the MassRealty Portal; and/or (f) any other party’s access to and/or use of the MassRealty Portal using your account and password. This indemnification obligation will survive this Agreement and your use of the MassRealty Portal.

THIRD-PARTY LINKS

The MassRealty Portal may contain links to third-party websites that are not owned or controlled by MassRealty or its Affiliates. MassRealty and its Affiliates have no control over, and are not responsible for, such third-party websites.

MODIFICATION OF THIS AGREEMENT

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. MassRealty will make reasonable efforts to provide users with notice of any material modifications to this Agreement, except that modifications addressing new features of the MassRealty Portal or modifications made for legal reasons may be effective immediately without notice.  MassRealty is not required to provide specific notice to individual users or entities of any modifications to these Terms and Conditions. Notwithstanding MassRealty’s intention to provide notice of material modifications to these Terms and Conditions, it is your responsibility to regularly review these Terms and Conditions.  Your continued use of the Mass Review Portal after updates to the MassRealty Portal, these Terms and Conditions or any other posted policies of MassRealty will represent your agreement to the updated versions.

SEVERANCE

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

NO WAIVER

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).InterpretationIn these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

GOVERNING LAW

All claims arising out of or relating to these terms or the Service will be governed by Massachusetts law, without reference to conflict of laws principles, and will be litigated exclusively in the federal or state courts of Suffolk County, Massachusetts, USA. You and MassRealty consent to personal jurisdiction in those courts.