Terms and Conditions
The
use and/or submission of information to this commercial listing service
("Service") provided through this web site by Boston, USA Classifieds
is subject to the following terms and conditions. BY SUBMITTING INFORMATION to,
or accessing information from, the Service, YOU, the end user customer
("Customer") AGREE TO THE FOLLOWING TERMS
Submission and
Administration of Listings
Customer
shall not submit any descriptions, photographs, financial, contact or other
information ("Listings") to this web site unless (i)
Customer has received all necessary rights and authorizations, including
without limitation from the owner of the property listed, any necessary agents
or brokers, and the author of the Listing including the photographer and/or
copyright owner of any photographs, as applicable, to publish and advertise the
Listing as part of the Service and allow the Listing to be accessed, downloaded
and copied by users of the Service; and (ii) the Listing is accurate and
Customer agrees to administer the Listing and maintain its accuracy at all
times. Customer represents, warrants and covenants
that the Listing is correct at the time of submission and will remain correct
as long as the Listing is used in connection with the Service. Boston, USA Classifieds will, in its sole discretion, remove
listings that are alleged to have been submitted in violation of this provision.
In addition, Boston, USA Classifieds may require additional
evidence of compliance with this provision from customers who are alleged to
have submitted listings in violation of the terms of this provision on multiple
occasions. Boston, USA Classifieds will, in its sole
discretion, terminate the accounts of, and refuse service to, Customers who are
repeat infringers.
Indemnity
Customer
will indemnify and hold harmless Boston, USA Classifieds , at
customer's sole expense, against any claim, action, legal proceeding, damages,
liability, settlements, expenses (including attorneys' fees) and other costs
arising out of or relating to (i) breach of these
terms and conditions, (ii) negligence or misconduct by customer or (iii) a
claim that a listing or other information provided by customer infringes the
copyright, trademark, trade secret, patent or other proprietary right of a
third party.
Use of Information
Customer
agrees to treat all information and Listings obtained from the Service as
proprietary to Boston, USA Classifieds . Boston, USA Classifieds does not ensure the accuracy of, endorse or
recommend any Listings and Customer uses such Listings at its own risk.
Customer may access the Listings solely to obtain initial information from
which further evaluation and investigation may commence. Customer shall limit
access and use of Listings to personal and internal use, and shall not use
Listings obtained from the Service for further distribution, publication,
public display, or preparation of derivative works. Customer shall not use or reproduce
Listings obtained from the Service for or in connection with any other listing
service or device.
Warranty Disclaimers
The
listings and service are provided "as is" without warranty of any
kind. Boston, USA Classifieds
makes no promises, representation or warranties, either express,
implied, statutory, or otherwise, with respect to the listings or service,
including their accuracy, operation, conformity to any representation or
description, or the existence of any latent or patent defects, and Boston, USA Classifieds
specifically disclaims all implied warranties of merchantability, no
infringement and fitness for a particular purpose.
Other Rights of
Boston, USA Classifieds
Customer
agrees that Boston, USA Classifieds shall have the right to use Listings and other
information submitted to it for any purpose, including without limitation for
publication of all or part of such Listing on the World Wide Web for
unrestricted use by Customers. Boston, USA Classifieds shall
have sole authority to choose the manner in which any Listing will be received,
displayed and used by the Service, and reserves the right to remove all or any
part of a Listing or refuse Services to anyone at any time in its sole
discretion. Boston, USA Classifieds shall have no obligation
to (i) resolve disputes among users of the Service;
or (ii) monitor or verify the accuracy or proper use of the Listings.
Limitation of Liability
In
no event shall Boston, USA Classifieds have any liability for
any indirect, incidental, special, or consequential damages, however caused and
on any theory of liability, whether for breach of contract, tort (including
negligence) or otherwise, arising out of or related to the service or listings,
including but not limited to loss of anticipated profits, even if Boston, USA Classifieds has been advised of the possibility of such
damages. These limitations shall apply notwithstanding any failure of essential
purpose of any limited remedy.
General
This
is the entire agreement between the parties relating to the subject matter
hereof and no waiver or modification of these Terms and Conditions shall be
valid unless in writing signed by each party. The waiver of a breach of any
term hereof shall in no way be construed as a waiver of any other term or
breach hereof. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be contrary to law, the remaining provisions of this
Agreement shall remain in full force and effect.