New England Real Estate Company (NEREC) Terms of Use
1. Registration. Registered customers must be eighteen (18) years of age or older.
2. Use of www.marealestatesearch.com and subsequent pages and sites of New England Real Estate Company Inc. agree to the following:
2.1 The property listing data and information set forth herein is 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. Users of NEREC’s websites and search features are for buyers and sellers of real property with a true interest in the purchase or sale of such real property.
2.2 The User must provide true, accurate, and current information when registering for MLS access to MA real estate for sale and the user consents to receive personalized emails, telephone calls and/or faxes from NEREC. NEREC will not SPAM you or sell your information.
2.3 A User that holds any type of real estate license will immediately advise NEREC by one of the following methods. Telephone, Facsimile or Email. NEREC reserves the right to deny or terminate access to any Real Estate Agent or Broker at its discretion.
3. Client Agreements and Representations. NEREC site users agree to the following:
3.1 Clients agree to provide his/her own access to the World Wide Web (“www”) and pay any fees associated with such access.
3.2 Users/customers who who work with a NEREC broker or agent represents and warrants that he/she has not signed any agreement with a real estate broker or agent that would prevent the client from using NEREC as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with NEREC representation of client.
3.3 Client agrees that he or she will not contact the owner/seller of any property from information gained through the website. The Client will not attempt to enter the property or speak with an owner/seller without an appointment set by NEREC.
3.4 Client agrees to abide by all copyright restrictions placed on the content of the NEREC site including, but not limited to, any material or data compilations where NEREC, Inc. or others hold the copyright.
3.5 The Client/customer agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client’s criteria.
3.6 Client authorizes NEREC to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to home inspection reports and closing papers.
3.7 Client agrees to immediately notify NEREC in the event that the Client enters into agreement with another broker.
4. Real Estate Data. All home data provided is for the personal, sole and private, non-commercial use of the Client and not available for redistribution, retransmission or copying. The Client may not sell or use the website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase. User acknowledges that the individual multiple listing service (MLS), which supplies the listing data, owns such data and User acknowledges the validity of the MLS’s copyright to such data.
5. Termination. NEREC reserves the right to terminate User and/or Client access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any NEREC employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, NEREC reserves the right to refuse to do business with any person in NEREC’s discretion, consistent with local, state and federal fair housing and other laws.
6. Use of Website Content. You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the NEREC website and any other content appearing on the website, will remain the exclusive property of NEREC.
7. Website Content. NEREC provides a variety of information and a number of tools on its website to assist you. Client comments and feedback posted on the Consumer Blog and Consumer Home Feedback (collectively referred to herein as the “Consumer Comment Section”) portions of the website are from our clients who have elected to post feedback or an opinion on the website. While these comments are available to those wishing to view them, they do not reflect our opinion nor does NEREC endorse or guarantee the accuracy of the statements in any such posting.
8. Website Content Submission.
8.1 By contributing or submitting any content to be posted on the Consumer Comment portion of the NEREC website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant New England Real Estate Company INC. a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of NEREC, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. NEREC reserves the right to change, condense or delete any content on the NEREC website that it deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
8.2 You agree that you shall not post any information:
that is known by you to be false, inaccurate or misleading, that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, that violates any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, fair housing or false advertising, that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, for which you were compensated or granted any consideration by any third party, that includes any information that references addresses, email addresses, contact information or phone numbers, or that contains any computer viruses, worms or other potentially damaging computer programs or files.
9. No Warranty. NEREC disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
10. Limitation of Liability. To the extent permitted by applicable law, neither NEREC nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if NEREC has been advised of the possibility of such damages.
11. Indemnity. By choosing to use the NEREC website, you agree to indemnify NEREC, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through ZipRealty; or of your use of or connection to the NEREC website; your violation of the User Agreement; or, your violation of any rights of another.
12. Integration. This Agreement, NEREC’s Site Rules (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.
13. Acknowledgement of Consumer-Broker Relationship. By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.
