BrokerFreeRealEstate.com

Welcome to the BrokerFreeRealEstate.com website (the "Site"), which is owned and operated by BrokerFreeRealEstate.com ("BrokerFree", the "Company," "we," or "us"). Please carefully read and review this document before accessing further information on this Site. By using this Site, you agree to be bound by the terms and conditions ("terms and conditions" or the "Agreement") set forth below. If you do not wish to be bound by these terms and conditions, please do not access or use this website. We may, in our sole discretion, terminate your access to the website at any time and without notice, including without limitation due to any violation by you of these terms and conditions.

Modifications to these Terms and Conditions

BrokerFree may modify this agreement and its terms and conditions with or without notice to you, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this Site and/or any services offered through it shall be your conclusive acceptance of the Agreement and its terms and conditions, including any modifications.

Limited Rights of Use/Ownership of Contents

The contents of the Site are intended for the personal, noncommercial use of its users. Except as specifically set forth in these terms and conditions, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the materials published on the Site (the "Contents") or software forming part of the Site in whole or in part.

We reserve the right to republish any material contributed by Site visitors. By posting a message in any public area of the Site or submitting any correspondence to us, you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever. You hereby further grant us the global nonexclusive right to use any ideas, concepts or techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof. You also agree that all such material will be deemed to be provided to us on a non-confidential and non-proprietary basis. Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission. As further explained in our privacy policy, we will also comply with any legal requests to disclose any submissions, communications, or postings to others, including to law enforcement agencies.

Content and Dealings

You understand that all Content posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Material originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that BrokerFree does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the BrokerFree site and Content available through the Service may contain links to other websites, which are completely independent of BrokerFree. BrokerFree makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You acknowledge that BrokerFree does not pre-screen or approve Content, but that BrokerFree shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement or for any other reason.

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 third parties.

You agree that BrokerFree shall not be 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 BrokerFree is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BrokerFree, its 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."

Illegal, Fraudulent or Otherwise Unacceptable Use

Some areas of this Site may allow you to submit content for the benefit of other Site visitors or for other purposes. You are solely responsible for any information you submit or post on this Site. Your use of this Site is your agreement to refrain from submitting, posting, or transmitting defamatory, abusive, obscene, threatening, reasonably objectionable or illegal content, including without limitation, content that : (i) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation; (ii) 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)race, ethnicity, age, or disability; (iii) impersonates any person or entity, including, but not limited to, a BrokerFree employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); (iv) includes personal or identifying information about another person without that person's explicit consent (v) is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; (vi) 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; (vii) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (viii) constitutes or contains any form of advertising or solicitation if: posted in areas of the BrokerFree sites which are not designated for such purposes; or emailed to BrokerFree users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (ix) includes links to commercial services or web sites, except as allowed in "services"; (x) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; (xii) 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; (xiii) disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or (xiv) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.. We reserve the right (but assume no obligation) to monitor any submissions or postings and delete, move, or edit any content that we consider inappropriate or unacceptable for any reason. Customer will not use, or allow others to use, the Service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity, including, but not limited to, the Children’s Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Customer will not use, or allow others to use, the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid scheme, or sending chain letters.

Access to Certain Web Pages or Services; Registration

Some areas or web pages on this Site may require you to register to gain access to the information the web pages contain or the services we provide. The registration process may ask you to select a unique username and password or to provide other information. You agree that the information you provide during registration will be accurate and complete, and that you will register only on your own behalf using your own information. You are solely responsible for keeping your password confidential and for notifying us of any known or suspected unauthorized use of your account when it occurs.

Third Party Sites and Linking

As a convenience to you, this Site may contain links to third party websites ("linked sites"). These linked sites are not under BrokerFree’s control, and BrokerFree is not responsible for and does not endorse the content of, or any link embedded in, any linked site, whether or not BrokerFree is affiliated with the linked site’s sponsor(s). You enter linked sites at your own risk. BrokerFree does not guarantee that the linked sites are suitable for all viewers, so viewer discretion is advised. In addition, you are solely responsible for complying with any applicable terms and conditions when you visit a linked site. We encourage you to read the terms of use and privacy policies associated with any linked site before using such site.

BrokerFree is not responsible for any transmission or product received or purchased from any linked site, nor is BrokerFree responsible if the linked site or any product featured on such site is not functioning, is damaged, or is unavailable. BrokerFree shall not be responsible for slower access speeds (access speeds may vary) while linking to or visiting third party sites. BrokerFree is not responsible for any transaction between you and a third party. Any delivery of and payment for goods and services, any warranties, or any other terms of use for a linked site or linked site product, are strictly between you and the third party.

Advertising

There will never be a fee, cost, or commission to list a property. We may charge a fee to post Content in some areas of the Service only under the Preferred Service Providers. The fee is an access fee permitting Content to be posted in that designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Agreement. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Agreement.

You acknowledge that BrokerFree may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BrokerFree has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BrokerFree reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BrokerFree shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that BrokerFree, in its sole discretion, has 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 BrokerFree believes that you have acted inconsistently with the letter or spirit of the Agreement. Further, you agree that BrokerFree 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.

Indemnification

By accessing and/or using the Site, you agree to indemnify, defend and hold BrokerFree and its respective officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including without limitation reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these terms and conditions or from your unauthorized use of this website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimer of Warranties and Liability

This Site is provided as a service to our customers and for the enjoyment of other Internet users. BrokerFree may make changes to the information provided on this site, or to the products or services provided herein, at any time with or without notice. However, BrokerFree has no obligation to provide such modifications or updates. While we strive to ensure that the information we post is accurate and up-to-date at the time it is published or posted, errors may occur or some information on our website may not be the most current information available. You alone are responsible for confirming the accuracy of any information posted to our website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BROKERFREE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS OR OTHER INFORMATION PUBLISHED ON THIS SITE. THIS WEBSITE, ALL SUCH DOCUMENTS AND ANY RELATED GRAPHICS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

BROKERFREE HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO INFORMATION AVAILABLE ON THIS WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BROKERFREE NEITHER MAKES NOR IMPLIES A WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE INFORMATION PROVIDED HEREIN, INCLUDING, WITHOUT LIMITATION, INFORMATION REGARDING BROKERFREE’S PLANNED OR PROSPECTIVE SERVICE OFFERINGS OR SERVICE COVERAGE. BROKERFREE DISCLAIMS ALL LIABILITY FOR TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OTHER ERRORS OR OMISSIONS CONTAINED WITHIN THIS SITE. BROKERFREE DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND BROKERFREE ASSUMES NO RESPONSIBILITY FOR ANY AND ALL DAMAGE CAUSED THEREBY. BY PROCEEDING TO ACCESS THIS SITE, YOU HEREBY ASSUME THE ENTIRE RISK OF RELYING UPON THE INFORMATION PROVIDED HEREIN.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BROKERFREE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, THIRD-PARTY CLAIM, OTHER TORT ACTIONS, OR ANY OTHER ACTION OR CLAIM. THIS DISCLAIMER APPLIES TO ANY DAMAGES, INJURY OR LOSS CAUSED BY ANY FAILURE IN PERFORMANCE, ERROR, DEFECT, INTERRUPTION, DELETION, DELAY IN OPERATION OR IN TRANSMISSION TO THE USER, OR FOR ANY OTHER CLAIMS OR LOSSES ARISING FROM THE USE OF THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, BROKERFREE’S LIABILITY, AND THAT OF ITS AGENTS AND LICENSORS, IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATE’S LAW, AND YOU AGREE THAT BROKERFREE’S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO BROKERFREE FOR THE USE OF THIS SITE.

Miscellaneous

These terms and conditions constitute the entire agreement between you and BrokerFree and govern your use of the Site and any services offered through the Site. This agreement supersedes any prior terms of use or other agreements concerning the use of this Site between you and BrokerFree.

This Agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. By accessing or using this Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Suffolk, Massachusetts for resolution of any disputes arising out of or relating to this Agreement or your use of this Site.

You agree that, except as expressly provided herein, there shall be no third party beneficiaries of these terms and conditions.

The failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written.

The headings in these terms and conditions are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of these terms and conditions to help@brokerfreerealestate.com.

Effective: September 2007