Real Estate Cloud Terms of Use
Welcome to Real Estate Cloud Boston, a service of Real Estate Cloud, LLC!  Before you begin using our service, you must read and agree to our Content Policy, including any future amendments (collectively, this "Policy").  In this Policy, "we" and "our" refer to Real Estate Cloud, LLC. 

Although we may attempt to notify you when major changes are made to this Policy, you should periodically review the most up-to-date version (http://realestatecloud.co/terms).  We may, in our sole discretion, modify or revise this Policy at any time, and you agree to be bound by such modifications or revisions.  If you do not agree to abide by this Policy, you may not use the Real Estate Cloud Boston service (the "Service"). 

1. Acceptance of Terms.  By using the Service, you agree to comply with this Policy.  If you object to any part of this Policy or any subsequent modifications to this Policy or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.  We may strictly enforce this Policy in any lawful manner, including investigation, litigation and prosecution.

2. Content.  You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.  More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. 
You understand that we do not control, and are not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, inaccurate, misleading, or otherwise objectionable.  We make no representation or warranty as to the accuracy, completeness or authenticity of any information accessed using the Service, including information retrieved from third party sites.
You must evaluate, and bear all risks associated with, the use of any Content.  Under no circumstances will we or our affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.  You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of this Policy or for any other reason.

3. Third Party Content, Sites and Services.  The Service and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these organizations and/or individuals.
We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you understand and agree that we are under no obligation to become involved.  If you have a dispute with one or more other users, you hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.  If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."  

4. Conduct.  You agree not to post, email, or otherwise make available Content that:
a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, pornographic, or is harmful to minors in any way;
b) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
d) impersonates any person or entity, including, but not limited to, our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) includes personal or identifying information about another person without that person's explicit consent; for example, you may not post someone else's credit card numbers, Social Security numbers, unlisted phone numbers, or driver's license numbers; 
f) is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or Content unrelated to the mission of the Service;
i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
j) disrupts the Service with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
k) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
l) collects personal data about users for unlawful purposes;
m) uses automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
n) repeatedly posts the same or similar Content or otherwise imposes an unreasonable or disproportionately large load on our infrastructure;
o) involves any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; or
p) violates the terms of service and policies of third party sites, such as MLS or craigslist.

5. Posting Agents.  A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others.  To moderate demands on our resources, you may not use a Posting Agent to post Content to the Service.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others.

6. Termination of Service.  If you violate this Policy, we may immediately terminate your access to and use of the Service, and may subject you to state and federal penalties and other legal consequences.  We reserve the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of this Policy has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
We, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of this Policy.  Further, we shall not be liable to you or any third-party for any termination of your access to the Service.  Further, you agree not to attempt to use the Service after said termination.
This Policy shall survive the termination of your use of the Service for any reason or no reason.

7. Indemnification.  You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.  In such a case, we will provide you with written notice of such claim, suit or action.

8. Collection Expenses.  You agree to pay all expenses, including reasonable attorneys' fees and disbursements, reasonably incurred by us in endeavoring to collect any amounts payable by you to us that are not paid when due.

9. Waiver; Severability of Terms.  Our failure to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.  If any provision of this Policy is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Policy remain in full force and effect.

10. Statute of Limitations.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Service or this Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Governing Law; Forum; No Juries.  This Policy will be governed by and construed in accordance with the laws of Massachusetts, without giving effect to its conflict of law provisions or your actual state or country of residence.  Any claims, legal proceeding or litigation arising under or in connection with the Service or this Policy will be brought exclusively courts in Boston, Massachusetts, and you consent to the jurisdiction of such courts.  We and you waive all rights to a trial by jury in connection with any action or judicial proceeding.

12. Headings; Construction.  The section headings used in this Policy are inserted for convenience only and shall not affect the meaning or interpretation of this Policy.  The language used in this Policy is the language chosen by you and us to express our mutual intent.  No rule of strict construction shall be applied against you or us.

13. Electronic Signatures.  By clicking "I agree", we accept that you executed this Policy with the intent to be bound by all of its terms and conditions.  This Policy is binding on you and us.

14. Reporting Violations of this Policy.  Please report any violations of this Policy by email to info@realestatecloud.co

 

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Terms of Service 

Welcome to Real Estate Cloud Boston, a service of Real Estate Cloud, LLC!  Before you begin using our service, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, this "Agreement").  In this Agreement, "we" and "our" refer to Real Estate Cloud, LLC.

Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version (http://www. http://www.bostonrealestatecloud.com/terms).  We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions.  If you do not accept and abide by this Agreement, you may not use the Real Estate Cloud Boston service (the "Service"). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service.  You will be responsible for all activities occurring under your username and for keeping your password secure.  You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis.  We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software.  We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you, other than to refund fees you paid to us to use the Service after the termination date.
We reserve the right to lawfully refuse service to anyone at any time without notice for any reason.
No Refunds unless it is posted in your proposal. 
2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof.  You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.
You agree to abide by our Content Policy and the rules and restrictions therein.  Although we may attempt to notify you when major changes are made to our Content Policy, you should periodically review the most up-to-date version.  We may, in our sole discretion, modify or revise our Content Policy at any time, and you agree to be bound by such modifications or revisions.
You also agree to abide by all rules and requirements of the Multiple Listing Service (MLS) and all third party data sources.
Violation of any of the foregoing, including our Content Policy, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.  We reserve the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You are responsible for all of the content you post using the Service.  Although we reserve the right to monitor content, we have no obligation to do so.  Therefore, we take no responsibility for any content.  Instead, we merely provide you with access to such content as a service to you.
Although our Content Policy prohibits users from posting unlawful, offensive, harmful, inaccurate or otherwise inappropriate material, sometimes that might occur.  You must use caution and common sense and exercise proper judgment when using the Service.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service.  You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy.  We may access or disclose your personal or business information, including the content of your postings and information relating to your use of the Service, if we are required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in this Agreement.  Personal and business information that we collect may be stored and processed in the United States or any other country in which we or our agents maintain facilities.  By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage.  You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.  We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service.  We take no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.  We reserve the right at all times to remove or refuse to distribute any content on the Service, such as content that violates the terms of this Agreement.  We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect our rights, property or safety and the rights, property or safety of users and the public.  We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

6. Intellectual Property Rights.  You acknowledge that we own all right, title and interest in and to the Service, including all intellectual property rights (the "IP Rights").  Our IP Rights are protected by U.S. and international intellectual property laws.  Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.  You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.  As described immediately below, our IP Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

We claim no ownership or control over any Content submitted, posted or displayed by you on or through the Service.  You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Service.  You are responsible for protecting those rights, as appropriate.  By submitting, posting or displaying Content on or through the Service that is intended to be available to the public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the Service.  We furthermore reserve the right to refuse to accept, post, display or transmit any Content in our sole discretion.
You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to any Content submitted.

7. No Resale of the Service.  Unless expressly authorized in a signed writing by us, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity.  Any use of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including "Nifty", "Real Estate Cloud" and "bostonrealestatecloud.com", "realestatecloud.co", must be in compliance with this Agreement.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to us in connection with the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
We do not guarantee that the Service will be free of problems or errors.  As noted above, the Service is provided to you on an AS IS and AS AVAILABLE.  WE MAKE NO WARRANTIES, CONDITIONS OR PROMISES TO YOU OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, OR ARISING BY STATUE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE.

10. Termination; Suspension. We may, in our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account.  In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 18 of this Agreement shall survive expiration or termination.

11. Indemnification. You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

12. Collection Expenses.  You agree to pay all expenses, including reasonable attorneys' fees and disbursements, reasonably incurred by us in endeavoring to collect any amounts payable by you to us that are not paid when due.

13. Entire Agreement. This Agreement constitutes the entire agreement between us and governs your use of the Service, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when you use or purchase or access additional or affiliate services, third-party content or third-party software.

14. Waiver; Severability of Terms.  Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

15. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Governing Law; Forum; No Juries. This Agreement will be governed by and construed in accordance with the laws of Massachusetts, without giving effect to its conflict of law provisions or your actual state or country of residence.  Any claims, legal proceeding or litigation arising under or in connection with the Service or this Agreement will be brought exclusively courts in Boston, Massachusetts, and you consent to the jurisdiction of such courts.  We and you waive all rights to a trial by jury in connection with any action or judicial proceeding.

17.  Headings; Construction.  The section headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.  The language used in this Agreement is the language chosen by you and us to express our mutual intent.  No rule of strict construction shall be applied against you or us.

18.  Electronic Signatures.  By reviewing this page, we accept that you executed this Agreement with the intent to be bound by all of its terms and conditions.  This Agreement is binding on you and us.