|
TERMS AND CONDITIONS
The Entry
Only Listing Service is a licensed real estate brokerage in Massachusetts, New
Hampshire and Rhode Island. It is a flat-fee limited service company. It does not
provide the same services as a "traditional" brokerage. Conversely, you are
paying a reduced flat fee rather than the more common percentage fee typically
charged by full-service brokerages. Using the services of The Entry Only
Listing Service does not create any agency or other relationship between
you and The Entry Only Listing Service. The Entry Only Listing Service does not owe you any fiduciary or other duty.
The Entry Only Listing Service does not actually represent you. The Entry
Only Listing Service will provide such Ministerial Acts as stated
Such acts may include one or more of the following: submitting the information
you provide to the multiple listing service directory; providing you None of the
Ministerial Acts performed by The Entry Only Listing Service shall
be constructed in such a manner as to form a brokerage engagement with you.
The Entry Only Listing Service does not provide assistance in any
manner that would require it or its principles to exercise discretion or
judgment. Examples of services that are not provided include: suggesting a sales
price; negotiating with property.
There have been isolated instances of reported
burglaries of homes on which lockboxes have been placed and for which the
lockbox has been alleged to have been used to access the home. In order to
minimize the risk of misuse of the lockbox The Entry Only Listing Service recommends against the use of lockboxes on door handles
that can be unscrewed from the outside or on other parts of the home from which
the lockbox can be easily removed. Since others will have access to your
property you should remove all valuables or put them in a secure place.
The Entry Only Listing Service works to maintain its web site and services,
but is not responsible for defects that may exist within its web site or any
resulting loss of profits or other damages. The Entry Only Listing Service attempts to accurately enter the information you provide
into the multiple listing service. However, The Entry Only Listing Service does not guarantee error-free service. If you discover
any error you must promptly notify The Entry Only Listing Service
so the error can be remedied. The Entry Only Listing Service is not
responsible for any loss or damage suffered by the error. The Entry Only
Listing Service shall under no circumstances have any liability greater
than the amount it received from you for its services. You agree to hold
The Entry Only Listing Service harmless from any and all claims,
causes of action, or damages arising out of or relating to your providing
incomplete and/or inaccurate information to The Entry Only Listing Service. Seller hereby releases
The Entry Only Listing Service and those working through The Entry Only Listing
Service from all liability and responsibility in connection with
any loss that may occur.
When you accept an offer on your property you agree to
notify The Entry Only Listing Service within 24 hours by email or fax a
copy to 1-866-810-9348. The failure to do so will result in a fine to The
Entry Only Listing Service by the MLS, which will be charged directly to the
seller.
BY
PURCHASING YOU HAVE AGREED TO THE TERMS AND CONDITIONS STATED ABOVE. IF YOU HAVE
NOT READ THESE TERMS AND CONDITIONS OR DO NOT AGREE WITH THEM, THEN YOU SHOULD
NOT ACCEPT.
DISCLAIMER
MLS Entry-Only listings are listings whereby the listing broker,
pursuant to the listing agreement, will not provide any of the following
services: (a) provide cooperating brokers with any additional information
regarding the property not already displayed in the MLS but rather provides
cooperating brokers authority to contact the seller(s) directly for further
information; (b) accept and present to the seller(s) offers to purchase procured
by cooperating brokers but rather provide cooperating agents authority to
present offers to purchase directly to the seller(s); (c) advise the seller(s)
as to the merits of offers to purchase; (d) assist the seller(s) in developing
communicating, or presenting counter-offers; or (e) participate on the sellers(s)
behalf in negotiations leading to the sale of the listed property. We present to
all potential sellers the benefits of the Multiple Listing Service.
A Multiple Listing Service is a means by which authorized participants make
blanket unilateral offers of compensation to other participants acting as either
subagents, buyer agents, or in other agency or non-agency capacities as defined
by law. Information is accumulated and disseminated to participants and is a
facility for the orderly correlation and dissemination of listing information
among the participants so that they may better serve their clients and the
public. Entitlement to compensation is determined by the cooperating broker’s
performance as a procuring cause of the sale. The Entry Only Listing Service provides an incentive for cooperating brokers by encouraging
sellers upon listing not to offer a cooperating broker who procures a buyer less
than a customary fee in the area of the house for this service. Specifying the
compensation on each listing is necessary because the cooperating/selling agent
has the right to know what his/her compensation shall be prior to his/her
endeavor to sell the property. Cooperation and compensation to agents is given
on a unilateral basis and, at the same time, the seller reserves general right
to sell the property on an unlimited or restrictive basis.
You may cancel your listing at any time without any refund. Once property data and photographs are
submitted to The Entry Only Listing Service, we make every effort to
have your house listed within twenty-four hours. However, some areas may take
longer than one day to list on the MLS. In addition, if service is not available
in your area you will receive a full refund if we are not able to list your
house.
Fees collected by The Entry Only Listing Service are held until the
listing service you purchased is processed. In using this site and the services
offered herein, you agree to hold harmless the officers, directors, employees,
agents or real estate agent affiliates for damages arising out of or in
connection with the use of this web site and service or any third party site
herein. This is a complete limitation of liability that applies to all damages
of any and every kind, including, but not limited to, compensatory, direct,
indirect or consequential damages, loss of data, income or profit, loss of or
damage to property, personal injury, and claims of third parties. Users and
advertisers hereby release and discharge The Entry Only Listing Service and its officers, directors, employees and agents for any and all
claims pertaining to their use in any way of this site and any third party
site/content/service referenced herein, expressly including without limitation
any claim of negligence against The Entry Only Listing Service or any
of its officers, directors, employees, agents or real estate agent affiliates
The Entry Only Listing Service is not responsible for the content of
any off-site pages or any other sites linked to this site. Your linking to
off-site pages or other sites is at your own risk.
We encourage and support an affirmative advertising and marketing program in
which there are no barriers to obtaining housing because of race, color,
religion, sex, handicap, familial status, national origin or any other reason.
PRIVACY
POLICY
The
Entry Only Listing Service (MLSbySeller.com and EntryOnly.com) respects your
privacy and uses its best efforts to protect the privacy of
visitors to this web site. The following Internet Privacy
Policy (the “Policy”) contains general and technical details about
how The Entry Only Listing Service treats data collected and
received from you.
Types of Information We Collect
The Entry Only Listing Service gathers personal data, which
includes, but is not limited to your name, address, email address,
and phone number, when you agree to use our services. The Entry
Only Listing Service also gathers the personal data, which
includes but is not limited to the name, address, email address
and phone number of prospects and other indirect recipients of The
Entry Only Listing Service services, when you voluntarily submit
such information.
The Entry Only Listing Service collects property listing data,
which includes but is not limited to images, if you voluntarily
choose to submit property listing data to The Entry Only Listing
Service.
Sharing of Personal Data, Personal Financial Data and
Property Listing Data
The Entry Only Listing Service does NOT share, sell, or otherwise
transfer your personal data or the personal data of prospects or
other indirect recipients of The Entry Only Listing Service
services to any other third persons or entities. Your financial
data, which includes but is not limited to your credit card number
or your bank account number, will NOT be shared, sold or otherwise
transferred to any other third persons or entities. Statistical
analysis of the property listing data may be made available to the
media and other interested parties for public representation. This
information will not disclose the details of individual
transactions or contain the characteristics of individual
properties, their owners, or the agent(s) selling the property.
The Entry Only Listing Service reserves the right to use or
disclose any information as needed to satisfy any law, regulation
or legal request or to cooperate in any law enforcement
investigation or an investigation on a matter of public safety.
Property Listing Data
When you submit property listing data to The Entry Only Listing
Service, including but not limited to images, that data, in turn,
becomes part of the MLS listing database compilation. All
rights, title, and interest in each copy of every MLS compilation and image created and copyrighted by MLS remains
at all times vested in MLS. Copyright and ownership interest
in images submitted by MLS subscribers for inclusion in the
MLS database remain with the MLS Participant on whose
behalf the image was submitted. However, the MLS Participant
licenses MLS to reproduce, distribute and transform such
images and place a MLS copyright legend on each such image.
Ownership of MLS’s database compilation and each MLS
subscriber’s "fair use" thereof is governed by the MLS Rules
and Regulations.
Cookies
”Cookies” are small data files stored on your computer’s hard
drive containing information about you and your computer. Some The
Entry Only Listing Service web services may set and access cookies
during the use of those web services in order to provide a more
customized user experience.
Links to Other Sites
We may offer links to sites that are not operated by The Entry
Only Listing Service. If you visit one of these sites, please be
aware that The Entry Only Listing Service is not responsible for
the policies and practices of other companies. You should always
review the privacy and other policies of other companies.
Changes to our Privacy Policy
From time to time, it may be necessary for The Entry Only Listing
Service to change this Policy. The Entry Only Listing Service
reserves the right at our discretion to modify this Policy at any
time.
Access
You are in control of any personal data that you provide to The
Entry Only Listing Service on-line. If at any time, you would like
to modify or correct the personal data we have about you, would
like to ask a question about our Policy or would like to register
a complaint about our Policy, you can let us know by contacting us
at the following email or postal address:
The Entry Only Listing Service
304 Newbury St. #346
Boston, MA 02116
webmaster@EntryOnly.com
|