Terms of Use

StartPoint, LLC makes this web site (the “Site”) and the content, information, products and services available on the Site (collectively the “Service”) subject to your acceptance without modification of and compliance with the notices, terms and conditions set forth in these Terms of Use (the “Terms”) and elsewhere on this Site. The terms “you”, “your” and “yours” refer to all visitors to this Site. The terms “StartPoint”, “we”, “us” and “our” refer to StartPoint, LLC, its affiliates, members, managers, directors, officers, employees, representatives and agents. StartPoint may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by StartPoint from its offices within the Commonwealth of Massachusetts in the United States of America. StartPoint makes no representation that materials in this Site are appropriate or available for use in other locations, and access is prohibited from jurisdictions or territories where their contents are illegal. If you do not agree to these Terms of Use, do not use this Site.

Section 1. Use Restrictions.
In order to use this Site, you must be a prospective purchaser or seller of real property located in Massachusetts. If you hold any type of real estate license, including, but not limited to a real estate broker, associate broker or salesperson license, you must obtain written authorization from StartPoint before using this Site. StartPoint reserves the right to deny in its sole discretion access to the Site to anyone holding any type of real estate license. You must (a) provide true, accurate, and current information; (b) maintain and update this information; and (c) ensure that it remains true, accurate, and current. To register, you must be eighteen (18) years of age or older. You represent and warrant that you have not executed any agreement that would prevent you from using StartPoint services or are bound by any legal obligation. You agree that you will not contact the owner/seller of any property from information gained through the website. You will not attempt to enter the property or speak with an owner/seller without an appointment set by StartPoint. Except with the written permission of StartPoint, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to prosecution. Except with the written permission of StartPoint, you agree that you will not create links from any web site or web page to any page within the Site. The contents posted by StartPoint on this Site, such as text, graphics, images and other material (“Materials”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of StartPoint or the copyright owner. StartPoint authorizes you to view and download a single copy of the Materials on the Site solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials. You may not, without StartPoint’s permission, “mirror” any Materials contained in this Site or any other server. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. STARTPOINT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO THE SITE OR ANY PORTION THEREOF AT ANY TIME, FOR ANY REASON OR FOR NO REASON AT ALL, WITHOUT PRIOR NOTICE, OR ANY NOTICE.

Section 2. Company’s Liability.
The Materials may contain inaccuracies or typographical errors. StartPoint makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Site and the Materials. Your use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time. STARTPOINT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, STARTPOINT IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. STARTPOINT TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. STARTPOINT AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. In connection with any dealings that you may have with third parties as a result of your use of the Site, StartPoint is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of service performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release StartPoint (and its affiliates, members, managers, directors, officers, employees, representatives and agents) from any and all 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.

Section 3. Limitation of Liability and Disclaimer of Consequential Damages.
IN NO EVENT SHALL STARTPOINT OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARTPOINT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Section 4. Privacy and Protection of Personal Information.
In order for you to participate in certain services that StartPoint provides through the Site, it will be necessary for you to provide StartPoint and/or its authorized third party service providers with specific information about yourself ( “Solicited Information”). StartPoint may also required information that personally identifies you (“Personal Information”) and may required information about you for registration (“Registration Data”). If you choose to access or use StartPoint, you agree to provide true, accurate and compete information and to refrain from impersonating any other person or falsely representing your identity. StartPoint is committed to maintaining the privacy and security of any and all such information that you provide to StartPoint through the Site. StartPoint reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Personal Information, Registration Data and Solicited Information are subject to StartPoint’s Privacy Policy. See our Privacy Policy at http:// , incorporated herein by reference, for disclosures relating to the collection and use of Personal Information, Registration Data and Solicited Information. You authorize StartPoint to forward an information or data that you input into the Site to its third party real estate professionals. You further understand and agree that by selecting a real estate company or professional or requesting more information about a real estate company or professional, you are extending an express invitation for them to contact you by e-mail through the e-mail address that you have provided or by telephone at the numbers you have provided, and you hereby consent to any such communication, even if your phone number is on the Do Not Call list, and will not report any such e-mail communications as SPAM. You understand that these real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. Real estate programs are administered by StartPoint, a licensed real estate broker. In certain geographic areas, StartPoint lists and sells homes. However, in other areas, StartPoint does not list or sell homes. Instead, real estate brokerage activities are performed by local licensed real estate brokers. Incentives described in this Site are only available to customers who use a StartPoint real estate professional. Customers must have been connected with the real estate professional through StartPoint to be eligible for incentives. Certain states have specific requirements on the form of the incentive. Incentives may be available on modified terms. In certain jurisdictions, incentives may not be allowed at all. In all cases, other restrictions may apply.

Section 5. Indemnity.
You agree to defend, indemnify, and hold harmless StartPoint (including any of its affiliates, members, managers, directors, officers, employees, representatives and/or agents) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials on the Site or your breach of these Terms of Use.

Section 6. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

Section 7. Links to Other Sites and Interactive Services.
The Site may contain links to third party web sites (“Linked Sites”). These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement by StartPoint of such Linked Site, or any association with its operations. StartPoint is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. StartPoint is not responsible for any transmission received from any Linked Site, nor is StartPoint responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk. StartPoint provides through the Site various interactive services (“Interactive Services”), such as on-line calculators, planning tools, and checklists. Such Interactive Services are offered by StartPoint for the educational purposes only. StartPoint cannot and does not guarantee the reliability, accuracy, sufficiency, validity, veracity, completeness, or timeliness of such Interactive Services. You are solely responsible for confirming the reliability, accuracy, sufficiency, validity, veracity, completeness, or timeliness of such Interactive Services. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH STARTPOINT’S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. STARTPOINT MAKES NO EXPRESS OR IMPLIED RPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE RELIABILITY, ACCURACY, SUFFICIENCY, VALIDITY, VERACITY, COMPLETENESS, OR TIMELINESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH INTERACTIVE SERVICES, STARTPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH INTERACTIVE SERVICES. STARTPOINT SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INTERACTIVE SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE CAUSED DIRECTLY OR INDIECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH INTERACTIVE SERVICES. IN NO EVENT WILL STARTPOINT BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH INTERACTIVE SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE. NOTICE WITH RESPECT TO ALL FINANCIAL AND MORTGAGE TOOLS – These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

Section 8. General.
This Site is based in the Commonwealth of Massachusetts, United States of America. StartPoint makes no claims the Materials are appropriate or may be downloaded outside of Massachusetts. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. The services offered on this Site may not be available outside Massachusetts. If you access the Site from outside of Massachusetts, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and StartPoint with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of StartPoint to be binding on StartPoint. Notwithstanding the foregoing, StartPoint, at its sole discretion and without notice, may revise these Terms of Use at any time by updating this posting. Copyright © 2005 StartPoint, LLC. All rights reserved.



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