These Omegalistings.com web site Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using this web site ("Omegalistings.com site") and Omegalistings.com, Inc. ("Omegalistings.com”) regarding your use of the Omegalistings.com site, absent any other contractual relationship between you and Omegalistings.com.

 

If you are a Subscriber or Participant to the Multiple Listing Service (MLS) please refer to the current MLS Rules and Regulations, as these Terms of Use do not supersede, replace or control over any contradicting terms in the MLS Rules and Regulations. Nothing in this user agreement is intended to bind MLS Participants where this agreement contradicts terms in the MLS Rules & Regulations.  MLS Subscribers and Participants may use information from this site to the extent allowed by and subject to the disclaimers and obligations contained in the MLS Rules and Regulations.

 

By using the Omegalistings.com site, you agree to be bound by the following terms of use:

 

  1. Personal Use.  All material on the Omegalistings.com site is provided for personal, non-commercial use only. You agree that you will not publish, distribute, transmit, display, perform, reproduce, license, modify, create derivate works from, or frame in another web page any information, images, data or other content made available on this site in whole or in part without prior written consent from Omegalistings.com. You may not use website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale. You may not make any commercial uses of data from the Site without obtaining in advance a written consent agreement from Omegalistings.com.

 

  1. Reasonable Use. You may not send automated queries to the Omegalistings.com site, engage in the practices of “screen scraping,” “database scraping” or any other process of acquiring information from the Omegalistings.com site to add such information to a database or other web site.  You agree that you will not use the site in any unreasonable manner which could damage, disable, overburden, or impair the normal operation of the website or interfere with any other party’s use and enjoyment of the website.

 

  1. Links. You may link to the Omegalistings.com site provided that such link (i) does not portray Omegalistings.com, Inc. and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by Omegalistings.com. You may not modify or alter the appearance or content of the any page of the Site, nor use framing techniques to enclose any Omegalistings.com trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without express written consent from Omegalistings.com. In the absence of express written consent, you may not link to the Omegalistings.com site using frames or any other method that obscures the Omegalistings.com branding, name, trademarks, or logo or by using any method that places third party advertising or logos within the same web browser window as the Omegalistings.com site.

 

The Omegalistings.com site may contain links to third party websites. Such third party websites are not under the control of Omegalistings.com. Please note that Omegalistings.com is not responsible for the accuracy or content of third party web sites. Accordingly, Omegalistings.com can make no representation concerning the content of these sites to you, nor can the fact that Omegalistings.com has provided this link serve as an endorsement by Omegalistings.com of this or any other site. Omegalistings.com is providing this link only as a convenience to you. Omegalistings.com makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

 

  1. Disclaimers. ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. OMEGALISTINGS.COM DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

OMEGALISTINGS.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OMEGALISTINGS.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE OMEGALISTINGS.COM SITE. OMEGALISTINGS.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OMEGALISTINGS.COM SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE OMEGALISTINGS.COM SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE OMEGALISTINGS.COM SITE.

 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL OMEGALISTINGS.COM, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OMEGALISTINGS.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE OMEGALISTINGS.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OMEGALISTINGS.COM WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE OMEGALISTINGS.COM WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMEGALISTINGS.COM OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OMEGALISTINGS.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OMEGALISTINGS.COM WEBSITE.

 

  1. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Omegalistings.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement.

 

  1. Revisions. Omegalistings.com reserves the right to modify or amend this Disclaimer at any time and for any reason. Any changes to this Disclaimer posted on the Web site apply as soon as they are posted. By continuing to use the Web site after any changes are posted, you acknowledge acceptance of those changes.

 

  1. These Terms of Service shall be governed by, construed and enforced under the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action relating to this Agreement must be brought in the federal or state courts located in Boston, MA, USA.

 

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

 

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Omegalistings.com.