(Last Updated October 2011)
- 1. Personal Use.
You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home for sale). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.
- 2. Restrictions and Additional Terms.
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
- • Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms MungoList.com, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches any policy or notice on the Services.
- 3. Materials You Provide, Account Use and Privacy.
- 4. Advertisements.
MungoList.com may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. MungoList.com is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release MungoList.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You further understand and agree that the Services may include advertisements, and to help make the advertisements relevant and useful to you, MungoList.com may serve advertisements based on the information we collect from you or in relation to your interaction on our site.
- 5. Linked Materials.
- 6. Claims of Copyright or Intellectual Property Infringement
MungoList.com respects the intellectual property rights of others, and asks that everyone using the Services do the same. MungoList.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MungoList.com’s copyright agent the following information:
- • Identification of the copyrighted work that you claim has been infringed;
- • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Attention: Copyright Agent
404 Neponset Ave
Boston, MA 02122
If you give notice of copyright infringement by text e-mail, MungoList.com's copyright agent 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.
- 7. Intellectual Property.
The Services are the property of MungoList.com, and subject to the intellectual property rights of MungoList.com and its licensors. All content and software on the Site is the property of MungoList.com, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you receive specific permission to do so in a separate written agreement from MungoList.com or the owners of the content. Unauthorized use of any content displayed by MungoList.com is a violation of United States and international copyright laws. Users further acknowledges and agree that MungoList, LLC is the sole owner of the Brand marks “MungoList” and that its ownership extends to all rights generally affiliated with ownership, including but not limited to any and all copyright and trademark rights, all rights of possession and all rights of use of the Brand.
- 8. Indemnification
By using this site, the User agrees to indemnify and hold harmless MungoList.com, its officers, directors, employees, agents, licensors, real estate professionals, suppliers and any third-party information providers to the MungoList.com’s Services from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the Users’ use of the site. Users may not use this site for illegal, harassing, unethical, or disruptive purposes.
- 9. Disclaimer of Warranties
THE SITE AT MUNGOLIST.COM, INCLUDING, WITHOUT LIMITATION, THE SERVICE, ALL CONTENT, MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MUNGOLIST.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. MUNGOLIST.COM DOES NOT WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUNGOLIST.COM DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SITE OR THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, MUNGOLIST.COM SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SITE OR THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE SERVICES. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.
- 10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MUNGOLIST.COM, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “MUNGOLIST.COM ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE SITE OR THE SERVICE; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES; (3) THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY; (4) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, MUNGOLIST.COM’S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO MUNGOLIST.COM IN CONJUNCTION WITH THE SERVICE UNDER WHICH SUCH CLAIM FIRST AROSE. THE MUNGOLIST.COM ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND ITS SERVICES. YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MUNGOLIST.COM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ITS SERVICES.
- 11. Governing Law and Claims
- 12. Arbitration
By using this Site, you agree that (1) any claim, dispute, or controversy you may have against MungoList.com arising out of, relating to, or connected in any with these Terms, the use of this site, to the Services provided by MungoList.com, or to any acts or omissions for which you may contend MungoList.com is liable, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA“) and conducted before a single arbitrator pursuant to the applicable commercial Rules and Procedures established by the AAA (“Rules and Procedures“); (2) the arbitration shall be held in Boston, Massachusetts, or at such other location relatively close in proximity to Boston, Massachusetts as may be mutually agreed upon by you and MungoList.com; (3) the arbitrator shall apply Massachusetts law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law; (4) the arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by MungoList.com; (5) filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party; (6) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; and (7) any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Judgment upon the award rendered may be entered in any court having jurisdiction in Boston, Massachusetts or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MUNGOLIST.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using MungoList.com’s Services, you consent to these restrictions. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MungoList.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Boston, Massachusetts. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
For more information on AAA and its Rules and Procedures, you may visit the AAA website at www.adr.org. Notwithstanding the foregoing, nothing in this Section shall preclude MungoList.com from obtaining from a court of law a stay or other injunctive or other equitable relief.
- 13. Real Estate Services
MungoList, LLC is not a licensed real estate broker and does not broker real estate transactions. MungoList.com does not act as a real estate agent for you or any other user.
- 14. No Agency Relationship
- 15. Revisions to Services
MungoList.com reserves the right to modify or discontinue the Service or a portion thereof, or the offering of any information, good, content, product or service with or without notice. MungoList.com shall not be liable to you or any third party should MungoList.com exercise its right to modify or discontinue the Service or part of it.
- 16. Miscellaneous
- • Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Site or Services are incorporated by this reference into these Terms for all purposes.
- • You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site and Service.
- • Except as otherwise explicitly provided for in Section 12 hereof, if any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable, and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
- • If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable, and such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.
- • No waiver on the part of MungoList.com of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of MungoList.com.
- • Nothing in these Terms are intended to confer on any third party (whether referred to in the Terms by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms.
- • You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.