- Definitions. “MAR” shall mean he Massachusetts Association of Realtors®, its employees, officers, directors, and all other persons or entities affiliated with MAR responsible for creating, maintaining, and publishing this Site. “Content” shall mean all materials, information and images contained on the Site, including, but not limited to, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video. “Site” shall mean the Internet website located at www.MARealtor.com.
- REALTOR® Marks. REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, the REALTOR® Block "R" logo, REALTOR.com, and REALTOR.org are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS (NAR). All MAR trademarks, service marks, membership marks and logos appearing on MARealtor.com are the property of MAR or MAR has a license to use such marks and all rights in those trademarks, service marks, membership marks and logos are reserved by MAR or their respective owners. Members of MAR using any of the NAR membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage.
- Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. Users of this Site are granted a limited, nonexclusive license to use the Site and its Content for personal and non-commercial use only. Unless otherwise stated on the Site, Users may print articles, news stories, press releases, FAQs and other reading materials ("Documents") from this Site for the User's personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein or as otherwise stated on the Site, Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of MAR Use of any permitted Content must be used as provided by MAR, without editing or modification, and must be accompanied by proper attribution to MAR as the source: “©MASSACHUSETTS ASSOCIATION OF REALTORS®, Inc. Reprinted under a limited license with permission.” Users shall not use this Site or the Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, Content or any of MAR's servers, or interfere with any other party's use of the Site or Content. Users shall not attempt to gain any unauthorized access to the Site or Content, through data or password mining, hacking, robots, crawlers, other similar data gathering and extraction tools or any other means, whether automatic or manual, to monitor or copy the Site and/or its Content or harvest or otherwise collect information about others, including email addresses, without MAR’s prior written permission. Users shall not attempt to obtain any Content not intentionally made available to them at this Site. Users shall not upload any files that contain malware, viruses, or other programs or software that may damage or interrupt the websites, computers or software of MAR or others.
- Copyright. You should assume that everything you see or read on this site is copyrighted unless otherwise noted. MAR neither warrants nor represents that your use of materials displayed on this site will not infringe the rights of third-parties not owned or affiliated with MAR.
- Advertisements. Advertisement banners and other forms of advertising exist on the Site. MAR is not responsible for the claims or representations made by any advertiser on the Site nor is MAR responsible for the products and services of advertisers on the Site. Mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by MAR in any respect unless expressly indicated otherwise.
- Site Content. While MAR uses reasonable efforts to include accurate and up to date information on this site, it makes no warranties or representations as to its accuracy. MAR assumes no liability or responsibility for any errors or omissions in the content on this site.
- Password and Security. MAR members will be issued a username and password for this website upon account creation. 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 MAR of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) protect your password and take reasonable measures to prevent persons who are not members of MAR from obtaining or using the password. MAR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Electronic Communications. MAR, from time to time, may send electronic mail to any and all users of the Site for the purpose of informing them of changes or additions to the Site or any related services or products. Users who have opted in to receive SMS messages through an automatic telephone dialing system may from time to time receive SMS messages related to Association events, volunteer service, billing, education opportunities, requests for member feedback on important subjects, and a variety of other announcements. Users may opt out at any time by following the instructions in the SMS message.
- Forums. This site contains one or more discussion forums so that Users may upload data and images or communicate with others. MAR in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any Forum ("Submissions") as well as the right to refuse to post any such Submission. MAR does not guarantee that it will review every Submission, nor does MAR guarantee the accuracy, legality or reliability of any Submissions, and under no circumstances will MAR be responsible or liable for Submissions. Users are advised to investigate and evaluate Submissions prior to relying on any of them
Users shall not post any Submission that is defamatory, libelous, sexually explicit, obscene, inappropriate, indecent, or profane, or that is done with the intent to harass, stalk or threaten others. Users shall not use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail or spamming. Users shall not impersonate any other person when posting a Submission or create a false identity to mislead others. MAR has the right to delete any Submission at any time without notice. User agrees to indemnify, defend and hold MAR harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from the User's Submissions. Submissions may not contain any advertisements or solicitations without MAR's prior written consent.
Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. MAR reserves the right to limit or terminate access to Forums at any time for any reason without notice.
- Blog. You agree and understand that your use of MAR blogs does not create an attorney-client relationship, and the contents of MAR blogs do not constitute legal advice. Information provided through MAR blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. MAR and all contributing authors to MAR blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of MAR blogs, and you agree that by visiting and viewing MAR blogs, MAR, its affiliates, and the contributing authors to MAR blogs are not liable for the contents of the blogs.
- Purchases. MAR may make available products and services for purchase through the Site. MAR may use third-party suppliers and service providers to enable e-commerce functionality on the Site or direct Users to a third-party supplier’s website to facilitate the purchase using such third-party supplier’s e-commerce functionality. If User wishes to purchase any product or service made available by MAR through the Site, User may be asked to supply certain information relevant to the purchase, including, without limitation, User’s credit card number, the expiration date of User’s credit card, User’s billing address and User’s shipping information. USER REPRESENTS AND WARRANTS THAT USER HAS THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE THROUGH THE SITE. By submitting such information, User grants MAR the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by User or on User’s behalf. Verification of information may be required prior to the acknowledgement or completion of any purchase.
Refunds and exchanges will be subject to MAR’s refund and exchange policies then in effect. User agrees to pay all charges that may be incurred by User or on User’s behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, User remains responsible for any taxes that may be applicable to User’s purchase(s). MAR reserves the right, without prior notice, to limit the order quantity on any product, item or service offered for sale on the Site and/or to refuse service to any customer. MAR may also require verification of any information prior to the acceptance of any order
- WARRANTIES. THIS SITE IS PROVIDED BY MAR ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. MAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF REALTOR.COM AND/OR REALTOR.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAR DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT MAR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAR BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, CONTENT, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.
- Modification of Agreement. MAR reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Your continued use of the Site after such changes will indicate your acceptance of such changes.
- Suspension or Termination of Access. MAR reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.
- Indemnification. User agrees to defend, indemnify and hold harmless MAR from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney's fees, resulting from the User's violation of any term of this Agreement or alleged illegal use of this Site.
- Reservation of Rights. All rights not expressly granted or addressed herein are reserved by MAR.
- Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law principles. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of Middlesex, Commonwealth of Massachusetts or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, or nationally recognized overnight courier. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum.
- Ownership of Site and Content. All right, title and interest in and to the Site and Content belong solely and exclusively to MAR and/or any third-party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws.
- Digital Millennium Copyright Act ("DMCA")
MAR respects the intellectual property rights of others and expects you to do the same. Per the DMCA, MAR will respond expeditiously to claims of copyright infringement on the Site if submitted to MAR's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, MAR will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by MAR or by a third party who has uploaded materials to the Site, please provide the following information to MAR's designated Copyright Agent listed below:
A. A description of the copyrighted work or other intellectual property that you claim has been infringed;
B. A description of where the material that you claim is infringing is located on the Site;
C. An address, telephone number, and e-mail address where MAR can contact you and, if different, an e-mail address where the alleged infringing party, if not MAR, can contact you;
D. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
E. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
F. Your electronic or physical signature.
MAR may request additional information before removing any allegedly infringing material. In the event MAR removes the allegedly infringing materials, MAR will immediately notify the person responsible for posting such materials that MAR removed or disabled access to the materials. MAR may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
MAR reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact MAR's Copyright Agent. Please include sufficient information to assist MAR in determining that the user repeatedly engaged in infringing activity.
MAR registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). MAR's designated Copyright Agent is:
333 Wyman Street
Waltham, MA 02451
Fax: (781) 890-4919
- Miscellaneous. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement, in whole or in part, without MAR’s express prior written consent. MAR may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any heading, caption or section title contained herein is included for convenience of reference only and will not be construed to define or limit any of the provisions contained herein. This Agreement, together with all policies referred to herein, is the entire agreement between you and MAR relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral representations, agreements or understandings between you and MAR relating to such subject matter.
MAR’s Legal Department can be reached as follows:
MASSACHUSETTS ASSOCIATION OF REALTORS®
333 Wyman Street
Waltham, MA 02451