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Welcome to Massachusetts 4 Sale By Owner and MA4salebyowner.com. Before you use our website or submit an advertisement for publication, you must read and agree to abide by this User Agreement. THIS USER AGREEMENT is entered into by and between Massachusetts 4 Sale By Owner and any individual, corporation, association, agency, company, or other entity that accesses or uses MA4salebyowner.com, our companion website. As used on this Website, the terms "we", "us", "our" and/or "ma4salebyowner.com" refer to Massachusetts 4 Sale By Owner "You" refers to all users of the website. "Sellers" refers to users who list their properties for sale on the website. Massachusetts 4 Sale By Owner provides regional internet advertising services under the following terms and conditions of use: You understand and acknowledge that as a condition to, and in consideration of, accessing and/or using Massachusetts 4 Sale By Owner, you are exclusively governed by this User Agreement. By choosing to list your property and/or by accessing and using Massachusetts 4 Sale By Owner, you agree to have read and understood the terms and conditions of the User Agreement and that you agree to be bound by them, without limitation or qualification and that no signature(s) are required to implement the User Agreement. If you do not agree with the terms and conditions, you may not use Massachusetts 4 Sale By Owner.  If you have any questions about this Agreement, please contact us. All real estate property information published by Massachusetts 4 Sale By Owner has been furnished by the Sellers, is not guaranteed and should be independently verified. Massachusetts 4 Sale By Owner does not assume any responsibility for its accuracy, errors, or omissions. Massachusetts 4 Sale By Owner reserves the right to revise or reject any submission received. All real estate advertising placed by anyone through our advertising on this website is subject to the US Federal Fair Housing Act of 1968 Fair Housing Act of 1988 and the Massachusetts Fair Housing (M.G. L C151B) which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. MA4salebyowner.com will not knowingly accept any advertisement for real estate, which is in violation of the law. Our users are hereby informed that all dwellings, under the jurisdiction of US Federal regulations, advertised on this website are available on an equal opportunity basis. What We Do Massachusetts 4 Sale By Owner is an advertising and information services company. We are not real estate agents. We offer internet advertising to homeowners, builders and others to market their properties as "For Sale By Owner" also known as a "FSBO". Businesses that are closely related to real estate are also able to advertise with us. Massachusetts 4 Sale By Owner does not charge a real estate commission, nor does it receive a percentage of the net sale price of a home that sells from our services. There are no fees that are due to Massachusetts 4 Sale By Owner if a home sells as a result of our advertising. If legal, appraisal, or real estate advice, or other professional services or assistance is required to assist any Massachusetts 4 Sale By Owner user or advertiser in any way, you are recommended to seek advice from a licensed professional. Modification to the User Agreement & Services Massachusetts 4 Sale By Owner reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the price and/or availability of any or all of our services or products in its entirety and rates or plans are subject to change without notice. Advertising Refund and Cancellation Policy By placing a real estate advertisement with Massachusetts 4 Sale By Owner you agree that all sales are final. Once an advertising package has been purchased, there will be no refunds on any real estate property advertising or portion thereof. It is not unusual for an offer to be made and accepted early in the advertising process. Your advertisement assures that you can continue to receive phone calls (and back up offers) through the entire process. Should you lose a buyer, your ad continues to work for you. Massachusetts 4 Sale By Owner reserves the right to refuse to publish and/or to discontinue publishing any advertisement in any regional print publication or on MA4salebyowner.com at our sole discretion. Property listings remain online through the completed ad cycle.  Massachusetts 4 Sale By Owner operates as a “for sale by owner” service. If, during your ad cycle, you choose to list your property with a real estate agent, you may continue to advertise with us as long as you include the right to procure a buyer on your own behalf in your listing agreement.  1. User Rights and Responsibilities 1.1 Access to the MA4salebyowner.com website The MA4salebyowner.com website, which is provided to you, is a World Wide Web Internet site that is designed to allow users to post listings and/or to view listings posted by other users or interact with those users. The MA4salebyowner.com website contains information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the MA4salebyowner.com website that can be modified by Users, such as posting listings, uploading multimedia files, and registering user profiles. You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the MA4salebyowner.com website. You are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the MA4salebyowner.com website. You are responsible for the maintenance and operation of your Computer. MA4salebyowner.com is not responsible for any errors or failures caused by any malfunction of your Computer, problems relating to your Internet Service Provider including downtime, and we are not responsible for any computer virus or related problems that may be associated with the use of MA4salebyowner.com on your Computer. 1.2 User Conduct You agree to access and use the MA4salebyowner.com website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to: (i) Your use of the MA4salebyowner.com website, including any Interactive Area, (ii) The use of any networks or other services connected to the MA4salebyowner.com website, and (iii) The communications means by which you connect your modem, computer, or other equipment to the MA4salebyowner.com website. By accessing the MA4salebyowner.com website, you agree that you will not: (1) Restrict or inhibit any other user from using and enjoying the Interactive Features; (2) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law; (3) Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (4) Post or transmit any information, software or other material which contains a virus or other harmful component; (5) Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the MA4salebyowner.com website; (6) Disrupt the normal flow of communication in an Interactive Area; (7) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (8) Violate any operating rule, policy or guideline of your Internet access provider or online service. 1.3 Seller Responsibilities/Information (1) Registration: By providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. As a seller, your personal contact information (first name(s) and phone number(s) will generally be visible to buyers at all times. Having this vital information posted assures that buyers are able to call you without interference. We do not pre-screen buyers for mortgages or other services, as this would reduce the effectiveness of your advertising results. We do educate buyers regarding the importance of being credit worthy, but leave the choice of lenders, programs, etc. up to them. All sellers hereby acknowledge that they are over 18 years of age. If your house is listed with a Real Estate Broker you may not utilize our website unless you have a sales contract that states you have retained the right to sell your house on your own. Builders, for example, often elect to market their properties personally while also maintaining a relationship with a real estate agency. (3) Account Maintenance: All sellers hereby undertake the sole obligation to timely modify their ad to indicate when the property has gone under contract, and again when the property has been sold or is no longer offered for sale by contacting MA4salebyowner.com to have the listing removed from our active database. We may contact you from time to time to verify your house is still available for sale, your price is still accurate, and if you are in need of any changes or modifications to your listing. As an advertiser with us, you may also receive other communication from us such as newsletters, special incentives or offers.  You may elect not to receive these communications at any time. (4) Password Controls: As a seller listing real estate property using any automated service provided on MA4salebyowner.com, you can change your password and other personal information, with exception to your registered username, on an unlimited basis. When changing your personal information, you certify that all information you provide is accurate. If you forget either your username or password or both, you may call or email us and supply us with your current registered e-mail address. You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the MA4salebyowner.com website. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. 1.4 Buyers and Buyer Broker Responsibilities/Information All buyers, including buyer brokers who wish to access properties on behalf of their buyers are welcome to use our services. If you are working with a buyer broker, we recommend that you let the seller know up front regarding your relationship. Most sellers will be happy to open their doors to you with your buyer broker present - just don't expect them to pay any fees or commissions as this is your responsibility. Buyer brokers may use our website freely on behalf of their buyers. We do not charge a fee, nor do we ask that brokers sign a contract with us in order to use our services. Brokers are NOT allowed to solicit sellers for property listings. 1.5 Privacy Policy We will use reasonable efforts to keep any communication, which contains personal user information, or material you transmit to us via the Website or Internet electronic mail confidential, except as required by law, pursuant to a court order or in accordance with a subpoena or as otherwise specifically agreed. MA4salebyowner.com policies and procedures pertaining to the collection and use of your personal information are set forth in our Privacy Policy. 2. Intellectual Property Rights 2.1 MA4salebyowner.com website content (a) You acknowledge that content ("Content") on the MA4salebyowner.com website is generally provided by Massachusetts 4 Sale By Owner, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that the MA4salebyowner.com website permits access to Content that is protected by copyrights, trademarks, and other proprietary rights including intellectual property rights, and that these rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the MA4salebyowner.com website owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content. (b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part. (c) You may: (i) Make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) Print one copy of each piece of Content, (iii) Make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for personal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The MA4salebyowner.com" website and its URL address. You acknowledge that the MA4salebyowner.com website, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content. 2.2 Content Provided by User You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the MA4salebyowner.com website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the MA4salebyowner.com website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the MA4salebyowner.com website the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the MA4salebyowner.com website to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use. 3. Interactive Areas You acknowledge that the MA4salebyowner.com website may include various interactive areas including but not limited to real estate listings. These Interactive Areas allow feedback to the MA4salebyowner.com website and real-time interaction between users. You further understand that the MA4salebyowner.com website does not control the messages, information, or files delivered to such Interactive Areas and that the MA4salebyowner.com website may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the MA4salebyowner.com website, nor its parent company are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the MA4salebyowner.com website cannot, and does not intend to, screen communications in advance. Moreover, because the MA4salebyowner.com website encourages open and candid communication in the Interactive Areas, the MA4salebyowner.com website cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The MA4salebyowner.com website is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the MA4salebyowner.com website has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the MA4salebyowner.com website may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The MA4salebyowner.com website reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to violate the then-standard provisions of this Agreement or any other standard, written MA4salebyowner.com website policy in effect at that time, be harmful to the rights of any User, the MA4salebyowner.com website, or other third parties, violate applicable law, or be otherwise objectionable. 4. Links Hyperlinks to other Internet resources are provided at your own risk. All such content, goods and services are made accessible on the Internet by independent third parties and are not part of the MA4salebyowner.com website or controlled by the MA4salebyowner.com website. The MA4salebyowner.com website neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any website linked to or from the MA4salebyowner.com website, which are the sole responsibility of such independent third parties. The MA4salebyowner.com website and Massachusetts 4 Sale By Owner shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on any website linked to or from the MA4salebyowner.com website or your inability to access the Internet or any website linked to or from the MA4salebyowner.com website. 5. Termination The only right with respect to dissatisfaction with any policies, guidelines, or practices of the MA4salebyowner.com in operating the website, or any change in Content, is for you to discontinue accessing the MA4salebyowner.com website. The MA4salebyowner.com website may temporarily suspend and/or terminate your access to all or any part of the MA4salebyowner.com website, without notice, for conduct that the MA4salebyowner.com website believes is a violation of this Agreement or any policies or guidelines posted by the MA4salebyowner.com website, or for other conduct which Massachusetts 4 Sale By Owner believes, in its sole discretion, is harmful to the MA4salebyowner.com website or other Users. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website. You agree that we may terminate your account if it remains inactive for what we deem to be an extended period of time. Massachusetts 4 Sale By Owner may discontinue operating the website and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the MA4salebyowner.com website, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the MA4salebyowner.com website, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. 6. No Warranty THE MA4salebyowner.com WEBSITE IS PROVIDED ON AN "AS IS" and "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MA4salebyowner.com WEBSITE IS AT YOUR SOLE RISK. PLEASE USE YOUR BEST JUDGMENT IN EVALUATING ALL INFORMATION CONTAINED OR OPINIONS EXPRESSED ON THE MA4salebyowner.com WEBSITE. IT IS THE POLICY OF THE MA4salebyowner.com WEBSITE NOT TO ENDORSE OR OPPOSE ANY OPINION EXPRESSED BY A USER OR CONTENT PROVIDED BY A USER, CONTRIBUTOR, OR OTHER INDEPENDENT PARTY. NEITHER THE MA4salebyowner.com WEBSITE NOR ITS PARENT COMPANY, OR AFFILIATES, OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MA4salebyowner.com WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE MA4salebyowner.com WEBSITE. WE MAY TERMINATE THIS USER AGREEMENT IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT OR FOR ANY OTHER REASON. 7. Limitations of Liability THE MA4salebyowner.com WEBSITE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE MA4salebyowner.com WEBSITE, OR ANY INTERNET WEBSITE LINKED TO OR FROM THE MA4salebyowner.com WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL THE MA4salebyowner.com WEBSITE, NOR ITS PARENT COMPANIES, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE MA4salebyowner.com WEBSITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET WEBSITE LINKED TO OR FROM THE MA4salebyowner.com WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE MA4salebyowner.com WEBSITE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY MA4salebyowner.com WEBSITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE MA4salebyowner.com WEBSITE, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MA4salebyowner.com WEBSITE. 8. Indemnity You agree to indemnify and hold the MA4salebyowner.com website and its parent companies from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the MA4salebyowner.com website or any Internet website linked to or from the MA4salebyowner.com website, or in connection with the transmission of any Content on the MA4salebyowner.com website. 9. Ownership of copyrights and trademarks Copyright in the pages, screens, text and images and content appearing on the MA4salebyowner.com website, and their arrangement, is owned by Massachusetts 4 Sale By Owner, and is protected by U.S. and international copyright laws. The trademarks, logos and service marks displayed on the Website are the property of Massachusetts 4 Sale By Owner and other parties. Users are prohibited from using any Marks or copyrighted material for any purpose without the prior written permission of Massachusetts 4 Sale By Owner and users are specifically prohibited from modifying, copying, distributing, transmitting, displaying, creating derivative works or using any content available on or through the MA4salebyowner.com website for commercial or public purposes. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the MA4salebyowner.com website have been done strictly for clarification and identification and does not constitute endorsement by Massachusetts 4 Sale By Owner of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the MA4salebyowner.com website by such trademark, service mark or link owner. 10. Miscellaneous This Agreement comprises the entire agreement between Massachusetts 4 Sale By Owner and you, and supersedes any prior agreements with respect to the subject matter herein. Massachusetts 4 Sale By Owner may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting on the MA4salebyowner.com website. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the MA4salebyowner.com website. Your continued accessing and use of the MA4salebyowner.com website following any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of the agreement shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the MA4salebyowner.com website to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state of Massachusetts, the domicile of the MA4salebyowner.com website, excluding its conflict of laws rules, and you and the MA4salebyowner.com website each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations to anyone. Please report any violations of the Terms by contacting us. Massachusetts 4 Sale By Owner c/o Mass Marketing Resources 13 Knight Ave. Easthampton, MA 01027 (413) 539-7950 Last Revised: January 22, 2010|
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