Website Standard Terms And Conditions
The Site is offered to you by Erik Raftery Real Estate with RE/MAX Executive Realty (“Erik Raftery Real Estate with RE/MAX Executive Realty” or “We” or “us”) subject to your acceptance without modification of all of the Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) set forth here. These terms and conditions (“Website Standard Terms And Conditions”) are entered into by and between you and Erik Raftery Real Estate with RE/MAX Executive Realty and govern your access to and use of the Site, including any content, information, features, and functionality available on or through the Site. Please read the Terms And Conditions carefully before you use the Site.
We may revise and update these Terms And Conditions from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms And Conditions means that you accept and agree to the changes. You further waive any right you may have to receive specific notice of such changes to these Terms And Conditions. As a user of the Site, it is your responsibility to regularly review these Terms And Conditions.
The Site and it’s Content
The Site is designed to provide you with access to residential and commercial real estate listings, real estate-related information, and information about Erik Raftery Real Estate with RE/MAX Executive Realty and its global real estate system of independently owned and operated affiliates and their network of independent sales professionals.
We reserve the right to access and use the Site, and any content and information therein, to the extent necessary to run the Site and make it available to you and others, to protect the Site, and to evaluate and improve the Site. With respect to any content or information that you enter into Site, if any, we acknowledge that we do not own that content or information and do not have the right to access that content or information except as set forth herein, and we may not disclose content or information that you enter into the Site to third parties except as described in our Privacy Notice, required to comply with a government subpoena, other compulsory government requests, or court order.
The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by us at our sole discretion. We shall also have the sole right to modify, upgrade, and change the Site. We will not be liable if for any reason all or any part of the Site or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, at our sole discretion. Erik Raftery Real Estate with RE/MAX Executive Realty may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.
Accessing the Site and Account Security
To create an account at Erik Raftery Real Estate with RE/MAX Executive Realty (the “Account”), you will be asked to provide certain registration details or other information. It is a condition of your use of the Site and the Account that all the information you provide is true, accurate, current, and complete.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so others cannot view or record your password or other personal information.
We have the right to disable any username, password, or other identifiers, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms And Conditions.
The Site contains links to third-party websites (“Third Party Sites”). Third-Party Sites.
License Grant and Restrictions
Subject to your compliance with these Terms And Conditions, we hereby grant to you a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to use the Site. All rights to use the Site are granted on the condition that such rights are forfeited if you fail to comply with the Terms And Conditions. These Terms And Conditions provide only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, we reserve all rights not expressly granted by these Terms And Conditions. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit the use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering Erik Raftery Real Estate with RE/MAX Executive Realty or the Site.
You agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). You also acknowledge and agree that the use of the internet and the Site is solely at your own risk.
It is the policy of Erik Raftery Real Estate with RE/MAX Executive Realty to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon the receipt of a properly drafted and signed notice, we will act quickly to remove or disable access to the infringing material. Please be aware that there are substantial penalties for false claims, including court costs and legal fees.
NOTE: This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification.
For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/.
Notices of copyright infringement claims should be sent as follows:
By mail: 2 Mount Royal Ave, #120, Marlborough, MA 01752
By e-mail: firstname.lastname@example.org
Email Notices: If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
To impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing, and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or maybe, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Erik Raftery Real Estate | RE/MAX Executive Realty may further restrict access by you to any areas of this Website, at any time, at its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
Additionally, you agree not to:
Circumvent any restrictions on access to or availability of the Site.
Engage in activity that is harmful to you, the Site, or others.
Infringe upon the rights of others.
Engage in activity that violates the privacy of others.
Help others break these rules.
Otherwise, attempt to interfere with the proper working of the Site.
Disclaimer of Warranties
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WE ALSO DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ERIK RAFTERY RE/MAX EXECUTIVE REALTY, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION, OR SITE TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless Erik Raftery Real Estate with RE/MAX Executive Realty, its shareholders, directors, affiliates, officers, agents and employees, licensors, service providers, and all third parties that provide content, information, or Site to the Site from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs, and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to your violation of these Terms And Conditions or your use of the Site, including, but not limited to, your contributions of content or information to the Site or any use of the Site Content other than as expressly authorized in these Terms And Conditions.
All matters relating to the Site and these Terms And Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.
If you provide input or suggestions regarding the Site, including related to Erik Raftery Real Estate with RE/MAX Executive Realty (collectively the “Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback for any purpose and in any manner we, in our sole discretion, deems proper.
The Terms And Conditions constitute the sole and entire agreement between you and Erik Raftery Real Estate with RE/MAX Executive Realty regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Erik Raftery Real Estate with RE/MAX Executive Realty is intended for users located within the United States. The company makes no representation that Erik Raftery Real Estate with RE/MAX Executive Realty is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
If you have any feedback, comments, requests for technical support, and other communications relating to the Site, please email us at: email@example.com