These Terms of Service (the "Terms") govern your access to and use of the website and online services operated by ACB Realty, Inc. ("ACB Realty," "we," "us," or "our"), located at 40 Pearl St, Braintree, MA 02184, including any content, features, and tools offered through acbrealtyinc.com and any related domains, subdomains, or mobile applications (collectively, the "Service"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use the Service.
1. Eligibility and Use of the Service
1.1 Eligibility: You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into this agreement.
1.2 Intended Use: The Service is provided for informational purposes and to facilitate real estate-related activities such as viewing property listings, market data, and related information. You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations.
1.3 No Agency Relationship: Using the Service does not create a real estate agent-client, broker-client, financial advisor, legal advisor, or any other professional relationship between you and ACB Realty. For brokerage services, property transactions, legal counsel, or financial advice, you must seek the services of an appropriately licensed professional.
1.4 Accuracy of Information: While we strive to provide accurate and up-to-date information, including property listings, market data, and other real estate-related materials, we cannot guarantee that all information is current, complete, or free from error. Property details, pricing, and availability may change without notice. You agree to independently verify all information before making any decisions based on the content provided through the Service.
2. User Accounts
2.1 Account Creation: We may allow you to create a user account for enhanced features, such as saving property searches or subscribing to updates. If you choose to create an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
2.2 Account Security: You agree to notify us immediately at info@acbrealtyinc.com of any unauthorized use of your account. ACB Realty is not liable for any losses arising from unauthorized account access due to your failure to safeguard your login credentials.
2.3 Account Termination: We may, in our sole discretion, suspend or terminate your account or your access to the Service at any time, with or without notice, for any reason, including violation of these Terms.
3. Intellectual Property and Use Restrictions
3.1 Our Intellectual Property: All content on the Service—including but not limited to text, photographs, property listings, graphics, logos, trademarks, and software—is owned by or licensed to ACB Realty and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, create derivative works from, publicly display, or commercially exploit any content from the Service without our prior written consent.
3.2 Permitted Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. Any other use is prohibited unless expressly authorized in writing by ACB Realty.
3.3 Restrictions: You agree not to:
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Use any automated systems (e.g., robots, spiders) to access or scrape the Service.
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Interfere with the proper functioning of the Service or impose an unreasonable load on our infrastructure.
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Upload or transmit any viruses or harmful code.
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Use the Service for any fraudulent, unlawful, harassing, or abusive purpose.
4. Third-Party Services and Links
4.1 External Links: The Service may contain links to third-party websites or services that we do not own or control. ACB Realty does not endorse or assume any responsibility for these third-party websites or their content. Your use of such websites is at your own risk and subject to their respective terms and conditions.
4.2 No Endorsement: Any references or links to third-party products, services, or professionals do not constitute an endorsement by ACB Realty. We encourage you to conduct your own due diligence before engaging with any third-party service providers.
5. Privacy and Communications
5.1 Privacy Policy: Your use of the Service is subject to our Privacy Policy, which outlines how we collect, use, and share your personal information. By using the Service, you consent to the practices described in our Privacy Policy.
5.2 Electronic Communications: By providing your email address or telephone number, you consent to receiving communications from ACB Realty related to the Service, including transactional, marketing, and informational messages. You may opt out of marketing communications at any time.
6. Disclaimer of Warranties
6.1 "As Is" Basis: The Service and all information provided therein are offered on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, ACB Realty disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 No Guarantee of Accuracy: ACB Realty does not guarantee the accuracy, completeness, timeliness, reliability, or suitability of any information on the Service, including property listings, market data, or related materials.
7. Limitation of Liability
7.1 No Liability for Certain Damages: To the maximum extent permitted by law, ACB Realty and its officers, directors, employees, agents, affiliates, and suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to your use of or inability to use the Service.
7.2 Liability Cap: In no event will ACB Realty’s total liability to you exceed the amount, if any, that you paid to us for access to the Service or one hundred U.S. dollars ($100), whichever is greater.
7.3 Property Transactions: ACB Realty is not liable for any damages or losses arising from real estate transactions conducted as a result of information obtained through the Service. All real estate decisions and transactions are made at your own risk and discretion.
8. Indemnification
You agree to defend, indemnify, and hold harmless ACB Realty, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any rights of another.
9. Modifications to the Terms and the Service
9.1 Changes to Terms: We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Modified" date at the top of this page and, when feasible, by additional means. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.
9.2 Changes to Service: We may modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Massachusetts, and you consent to such jurisdiction and venue.
11. Severability and Waiver
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
12. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and ACB Realty regarding your use of the Service, superseding any prior agreements, communications, and understandings.
13. Contact Information
For questions or concerns regarding these Terms or the Service, please contact us at:
ACB Realty, Inc.
40 Pearl St
Braintree, MA 02184
Phone: (781) 356-2552
Email: info@acbrealtyinc.com
By accessing or using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.