Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the MassLandlords, Inc. d/b/a MassLandlords.net ("MassLandlords") website(s), domains, or Applications (the “Site”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each Visitor, “we”, “us” and “our” refer to MassLandlords, and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at info@masslandlords.net.
OUR SERVICES ARE AVAILABLE ONLY TO, AND MAY ONLY BE USED BY, INDIVIDUALS WHO ARE 18 YEARS AND OLDER WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
MassLandlords provides an online portal to give Visitors a general understanding of landlord tenant law, business best practices, and industry relevant information; to assist Visitors in identifying landlords who meet the requirements of the Certified Massachusetts Landlord™ program; and/or to assist Visitors in carrying out their own operations related to the provision and maintenance of rental housing.
We provide starting points for landlords who wish to prepare their own forms, including leases, tenancies at will, and other legal documents. We do not provide legal documents for Visitors. The Site includes general information on commonly encountered legal issues. At no time do we review your forms or forum posts for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. If any officer or representative of MassLandlords makes statements or offers advice pertaining to a legal matter, that advice or those statements are the advice or statements of that individual only and do not represent a legal opinion from MassLandlords. MassLandlords is not a law firm and may not perform services performed by an attorney. MassLandlords and its Services are not substitutes for the advice of an attorney.
MassLandlords strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, MassLandlords cannot guarantee that all of the information on the Site is completely current. The content, documents, forms, Materials, and tools, are not all prepared by licensed attorneys. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind MassLandlords provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. You should always consult a licensed attorney in your area.
From time to time, MassLandlords may perform certain attorney access services and introduce our Visitors to attorneys through various methods, including but not limited to third party advertising. At no time is an attorney-client relationship fostered or created with MassLandlords through the performance of any such services. Our inclusion of such attorney access services including, but not limited to, links to third party sites, social media, attorney websites, attorney listings, attorney referrals or documents, or attorney contact information is not an endorsement or guarantee of such attorney’s qualifications or work product quality. We have not vetted, nor are we affiliated with any such attorneys and we are expressly not making any representations about such attorneys. We recommend that you conduct your own due diligence for any attorney prior to retaining them. This Site is not intended to create any attorney-client relationship, and your use of MassLandlords does not and will not create an attorney-client relationship between you and MassLandlords. Instead, you are and will be representing yourself in any legal matter you undertake using a MassLandlords’ legal document template. You hereby take full responsibility, in all respects, for securing your representation, representing yourself, and for any use of documents, materials, or information contained on the Site. You further disclaim all liability of and claims against MassLandlords.
Use of MassLandlords Legal Forms. On our Site and through certain partners, we offer self-help “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. MassLandlords is not guaranteeing, vetting, endorsing, or making any representations about the accuracy, legal effectiveness or quality of any forms that may be accessible through the Site.
Participation in the MassLandlords Certification Program. Participation in the Certified Massachusetts Landlord™ program is optional. If you choose to participate, you must purchase a membership on the Site and remain in good standing. You must agree to additional terms, which will be presented to logged in members prior to certifying in the form of a CERTIFIED MASSACHUSETTS LANDLORD™ CERTIFICATION AGREEMENT ("Certification Agreement"). The Certification Agreement will require adherence to a set of best practices, which can be viewed online in advance by clicking here. You understand that if you become a Certified Massachusetts Landlord™ and subsequently fail to meet the requirements of the program, your certification will be reviewed in accordance with the procedure given in the Certification Agreement and may be revoked. Revocation of certification will not result in a refund of dues or other costs associated with the certification program. We do not publish or make available lists of revoked certifications.
Search of Eviction Records by Address. If you wish to search eviction records by address, you must purchase a membership on the Site and remain in good standing. Additional disclaimers will apply and will be visible above the search page. You understand that your usage of the Search of Eviction Records by Address feature is not a replacement for legal advice or due diligence. MassLandlords is not guaranteeing, vetting, endorsing, or making any representations about the accuracy, completeness, relevance, or timeliness of any data that may be downloaded through the Search of Eviction Records by Address.
1. Privacy Policy. MassLandlords respects your privacy and permits you to control the treatment of your personal information. A complete statement of MassLandlords’ current Privacy Policy can be found by clicking here. MassLandlords’ Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site or the Services you will be asked to provide certain information and provide a username and password:
(b) In addition, you must abide by all our policies mentioned in this Agreement as well as all other operating rules, policies and procedures that we may publish from time to time on the Site, each of which is incorporated herein by reference and each of which, we may update from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions we promulgate from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
(c) To complete your registration, you will provide your full legal name, email address and create a username and password. You are responsible for maintaining the confidentiality of your username, password and account. You may optionally provide a picture, birthdate, and gender. You are fully responsible for all activities that occur under your password or account. You are further responsible for any and all liability and/or damage resulting from your failure to maintain password confidentiality. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than MassLandlords without our express written permission. You must keep your account information up-to-date and accurate at all times, including a valid email address.
(d) You may not transfer or sell your MassLandlords account and Visitor ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(e) Our services are not available to cancelled or temporarily or indefinitely suspended Visitors. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
(f) You may find some content or User Content on the Site to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using the Site, you agree to accept such risks and that we (and our officers, directors, agents, subsidiaries, joint ventures and employees) are not responsible for any and all acts or omissions of Visitors on the Site. Please use caution, common sense, and practice safe purchasing when using the Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Services.
In connection with the use of certain MassLandlords products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant MassLandlords a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by MassLandlords at any time by removing your personal information from the applicable service.
2. Payment, Renewal and Support.
If you elect to access any paid component of the Site, such as becoming a subscriber you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated herein, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Site. By continuing to use the Site after any renewal date you agree to pay MassLandlords all fees and charges indicated for continued use of the Site. You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to MassLandlords, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer(s) or phone(s). You will comply with all laws applicable to your activities on the Site and with this Agreement.
b. Automatic Renewal for Credit Card Users.
ALL SUBSCRIBERS ARE AUTOMATICALLY SIGNED UP FOR AUTO-RENEW. If you are signed up for auto-renew, MassLandlords may send you a renewal prior to your renewal date via email. MassLandlords cannot guarantee your receipt of that email and the renewal payment is not contingent on your receipt of that email. If you do not wish to renew, you can follow the cancellation procedures described below in 2 c. at any time prior to your renewal date.
i. Subscribers paying any fees or charges via check are not signed up for auto-renew. Subscribers will receive an email prior to the renewal date and my remit a payment via check to the MassLandlords mailing address. You consent to receive a paper invoice at MassLandlords’ discretion.
c. Cancellation.
You can cancel your subscription and auto-renew at any time by logging into your account and clicking “cancel” which is in the Subscriptions section of your “My Account” page.
d. Refunds
If in your opinion any fee or renewal fee was charged in error, you may submit a claim to MassLandlords by emailing a description of the fee, the date it was charged, and any and all relevant information with regards to the fee and your suspected error to hello@masslandlords.net. MassLandlords, in its sole discretion, may issue a refund to the credit card you have on record with MassLandlords. Except in extenuating circumstances, we will not issue refunds after 30 days from date of charge.
All memberships start on autorenew. You can cancel autorenew at any time. You are responsible for deactivating autorenew if you do not want it. You can do this on the Account page.
We are not refunded for our transaction costs even if we refund you. Any request to refund a preventable autorenew transaction will result in a 9% hold-back for payment processing. If you do not wish to lose 9%, stop autorenew before you are charged.
REFUNDS WILL ONLY BE ISSUED VIA THE CREDIT CARD ON RECORD. NO REFUNDS WILL BE ISSUED FOR PAYMENTS MADE BY CHECK, REMITTED TO OTHER CREDIT CARDS, OR MADE IN CASH. No refunds will be granted in the event that you have accessed any paid benefits after the renewal date. Helpline coverage is not refundable for prior periods of coverage. If you purchase one membership intending to purchase another, you must purchase the correct membership before we can make a refund of the incorrect membership.
Event tickets are generally non-refundable and can only be used at the event for which they were purchased. Exceptions:
We will issue full refunds for event tickets at our own expense, no questions asked, for the following reasons:
- You are not feeling well and anticipate still feeling unwell at the time of the event, however far in advance;
- You have been sick, are now feeling fine, but a medical professional informed you that you would still be contagious at the time of the event;
- You have not been sick, are now feeling fine, but have had close exposure to a communicable disease and your quarantine period covers the event date;
- In the last fourteen (14) days you have traveled through or from any country with a travel advisory related to a communicable disease as listed by the US Department of State;
- In the last fourteen (14) days you have traveled through or from any US state (outside Massachusetts) with a declared state of emergency related to a communicable disease.
If you purchase a ticket or other service at the non-member price when a lower member price exists, and you were or later become a member, the difference will not be credited.
MassLandlords is a not-for-profit trade association. Auto-renew and reducing billing disputes assists with lowering the costs of operations, which in turn allows us to invest more in assisting landlords and advocating for better legal frameworks for our members. MassLandlords requests and you agree that you will contact MassLandlords concerning any disputed fees or charges prior to disputing the fee with your credit card company.
e. Payment Processing.
Purchase of any service using a credit card on this site will result in that card being securely stored with our credit card payment processor. We store this data for the purpose of automatic renewals and for your convenience purchasing additional services. MassLandlords team members cannot view your credit card information except to verify card type, expiration date and last four digits. If you do not wish your credit card to be securely stored, please arrange to pay by check before date of service. For events, any check must be received before the event to gain admittance. All checks are also handled by a third party payment processor and we may need up to three weeks to credit your account.
3. Ownership. This Site is owned and operated by MassLandlords, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, trademarks, trade names, graphics, sounds and images (the “Materials”) are owned either by MassLandlords or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by MassLandlords, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of MassLandlords’ intellectual property rights, whether by estoppel, implication or otherwise. MassLandlords does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by MassLandlords. Any rights not expressly granted herein are reserved by MassLandlords.
4. Limited Permission to Download. MassLandlords hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, landlording use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment outside your landlording business and (iii) the Materials are not modified in any way, except for editing of downloadable forms to customize for your business. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner, except for modifications in filling out the Materials for your authorized use. You shall not remove any copyright notice from any Material. By ordering or downloading Materials, you agree that the Materials you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of MassLandlords.
5. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than MassLandlords (each a “Third Party Site”). MassLandlords works with a number of partners and affiliates whose sites are linked with MassLandlords. MassLandlords may also provide links to other citations or resources with whom it is not affiliated. MassLandlords is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. MassLandlords makes no guarantees about the content or quality of the products or services provided by such sites. MassLandlords is not responsible for webcasting or any other form of transmission received from any Third Party Site. MassLandlords is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MassLandlords of the Third Party Site, nor does it imply that MassLandlords sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. When accessing these sites, you may also be subject to their terms and privacy policy. You are responsible for reading, understanding, complying and accepting those policies. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that MassLandlords is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
6. Third Party-Services
MassLandlords acts as a venue to allow Visitors who comply with our policies to buy certain services from third parties. We are not directly involved in the transaction between Visitors and any third-party vendors, organizations, or sellers. As a result, We have no control over the quality, safety, morality or legality of any aspect of the subscriptions listed, content provided, or events or other services described or sold. We do not vet or pre-screen such third parties or the content or information provided by then. We cannot ensure that a Visitor or seller will actually complete a transaction. We cannot guarantee the true identity, age, and/or nationality of any Visitor or third party. Any disputes regarding the purchase of a membership, subscription, event tickets, or any other services, refund, or shipment shall be resolved between the Visitor and the third party seller.
7. Additional Terms. Some MassLandlords Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. Prohibited, Questionable and Infringing Activities
1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
2. upload, download, post, email or otherwise transmit any User Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
3. use the Site or Services to harm minors in any way, including, but not limited to, uploading User Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
4. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
5. disrupt or interfere with any other Visitor’s enjoyment of the Site or affiliated or linked websites.
6. frame the Site within another Site or webpage or link to the Site except as permitted in writing by MassLandlords.
7. incorporate images or names that would violate a person’s right of privacy or publicity; or
8. incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness without their express written consent.
9. use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service.
10. copy, modify or distribute rights or content, including User Content from the Site, or Service.
11. harvest or otherwise collect information about Visitors, including email addresses, without their consent.
12. take any action that may undermine online reviews or feedback.
13. appear to create liability for MassLandlords or cause MassLandlords to lose (in whole or in part) the services of our ISPs or other suppliers.
14. gaslight or issue such related statements as may be proved false simply by pointing to MassLandlords or other authoritative source, either with intent to deceive or from a position of willful ignorance.
15. compete with MassLandlords by drawing members away to alternate investments, third party organizations or political activities that are contraindicated by a vote of the MassLandlords membership.
16. post unsolicited commercial messages to our message boards; you may offer your goods, services, or real estate in response to a member question.
17. subvert MassLandlords' legal mission to create better rental housing by discouraging investment in or operation of residential rental housing.
9. Reviews, Comments, Communications, and Other Content. At various locations on the Site MassLandlords may permit Visitors to post ratings, reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Although we cannot make an absolute guarantee of system security, MassLandlords takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us at info@masslandlords.net for help.
If MassLandlords finds that files, processes, User Content, activities, or account(s) belonging to a Visitor pose a threat to the proper technical operation of the system or to the security of other Visitors, or are in violation of any laws, MassLandlords reserves the right to remove the offending files, processes, User Content, activities, or accounts. If the MassLandlords suspects a username is being used by someone who is not authorized by the proper Visitor, MassLandlords may temporarily or permanently disable that Visitor’s access. In all such cases, MassLandlords will contact the applicable Visitor as soon as feasible.
MassLandlords has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
9.2 Rights and Responsibilities of MassLandlords Visitors or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any MassLandlords service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content: that is known by you to be false, inaccurate or misleading; that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (please see Compliance with Intellectual Property Laws, below); that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising, please see Compliance with Export Restrictions, below); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation (please see Inappropriate Content, below); that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; that includes advertisements, spam, or content promoting paid services offered by you or a business in which you have an interest (except in response to a member post on the message board or in response to MassLandlords' request); that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; that contains any computer virus, worms, or other potentially damaging computer programs or files; that otherwise violates these Terms of Use. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other Visitors who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant MassLandlords a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate your User Content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are required to provide your real name when signing up as a Visitor of MassLandlords. MassLandlords does not permit anonymous or pseudonymous accounts.
10. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MASSLANDLORDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MASSLANDLORDS MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MASSLANDLORDS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
11. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD MASSLANDLORDS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MASSLANDLORDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MASSLANDLORDS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Unsolicited Submissions. Except as may be required in connection with your use of MassLandlords Services, MassLandlords does not want you to submit confidential or proprietary information to us through this Site. MassLandlords considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (collectively, the "Submissions") to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Submissions. If, at our request, any Visitor sends Submissions to improve the Site (for example through the Forums or to customer support), we will also consider that Submission to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Submission. Any communication by you to MassLandlords is subject to this Agreement. The intellectual property rights in or relating to the Submissions will automatically be deemed to be assigned, granted and transferred by you to us upon their submission or communication to us, and you do assign all rights therein to MassLandlords and agree that the same will automatically become the property of MassLandlords and that we may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, we may elect, forever, without compensation or accounting to you and without further recourse by you.
13. Compliance with Intellectual Property Laws. When accessing MassLandlords or using the MassLandlords legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your MassLandlords Visitor account.
MassLandlords has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of MassLandlords or of a third party or that violate intellectual property rights generally. MassLandlords’ policy is to remove such infringing content or materials and investigate such allegations immediately.
13.1.1 Notice. MassLandlords has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. As required under the Digital Millennium Copyright Act (the “DMCA”), we have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service Visitor who is found to have infringed the rights of MassLandlords or of a third party, or otherwise violated any intellectual laws or regulations. MassLandlords’ policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want MassLandlords to delete, edit, or disable the material in question, you must provide MassLandlords with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit MassLandlords to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent: Copyright Agent c/o MassLandlords, Inc., One Broadway, Floor 14, Cambridge, MA 02142-1187, or by email to dmca@masslandlords.net.
13.1.2 Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Suffolk County, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, MassLandlords may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MassLandlords’ sole discretion.
14. Inappropriate Content. When accessing the Site or using MassLandlords’ Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) defames, disparages, or denigrates others; or invidiously discriminates against others on the basis of any characteristic that constitutes membership of a protected class within the meaning of Massachusetts and federal anti-discrimination laws; or otherwise undermines any person's inherent and unalienable dignity. MassLandlords reserves the right to terminate or delete such material from its servers. MassLandlords will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
15. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
16. Personal Use. The site is made available for your personal landlording use on your own behalf for your business. It may not be sold, leased, rented, or used for any commercial purpose beyond such use.
17. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
18. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in Section 19 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
19. Dispute Resolution By Binding Arbitration
Please read this carefully. It affects your rights.
You may speak with independent counsel before using this Site or completing any purchase.
19.2 Arbitration Agreement:
19.2.2 A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to MassLandlords should be addressed to: Notice of Dispute, MassLandlords, Inc., One Broadway, Floor 14, Cambridge, MA 02142-1187 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If MassLandlords and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MassLandlords may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MassLandlords or you shall not be disclosed to the arbitrator.
19.2.3 The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Any arbitration hearings will take place in the Worcester County, Massachusetts. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $1,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which MassLandlords was a party. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse MassLandlords for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $1,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules. The prevailing party shall be entitled to reasonable attorney’s fees and costs as dictated by the AAA rules.
19.2.4 The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND MASSLANDLORDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and MassLandlords agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Visitors. Neither you nor we may seek non-individualized relief that would affect other Visitors. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
19.2.5 Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, MassLandlords, Inc. ALL RIGHTS RESERVED.
21. Trademarks. MassLandlords, the sign and the flower logo, the cML logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of MassLandlords and are owned by MassLandlords, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
22. Inquiries. BY USING MASSLANDLORDS’ SERVICES OR ACCESSING THE MASSLANDLORDS SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO MASSLANDLORDS VIA THE MASSLANDLORDS SITE CONSTITUTES AN INQUIRY TO MASSLANDLORDS, AND THAT MASSLANDLORDS MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
23. Right to Refuse. You acknowledge that MassLandlords reserves the right to refuse service to anyone and to cancel Visitor access at any time. This right applies to housing providers, affiliate members, registered guests, advertisers and all others.
If you purchase an advertising product on our site, we may decline to run your advertisement if you offer a good or service that competes with MassLandlords or an affiliate, if you are affiliated with an organization against whom we have ongoing litigation, if your business model seems likely to aggravate landlord-tenant housing partisanship or inequality, or if you seek to advertise in a manner inconsistent with these terms and conditions, or for any other reason. Ads purchased and declined will be refunded to the card on file only.
24. Acknowledgement. BY USING MASSLANDLORDS’ SERVICES OR ACCESSING THE MASSLANDLORDS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
