Terms & Conditions

Last Updated: October 25th, 2024

Acceptance of These Terms

These Terms of Use are entered into by and between you and Red Tree Real Estate (together with any affiliated or subsidiary entities, “Red Tree,” “we,” “our,” or “us”). These Terms of Use, together with any documents expressly incorporated by reference (including our Privacy Policy), govern your access to and use of our website(s) and any related pages, tools, IDX search, features, or services offered through them (collectively, the “Website” and “Services”).

The Services include text, graphics, photographs, images, video, audio, layout, design, software, and other materials (collectively, “Content”).

Please read these Terms carefully. By accessing or using the Services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

We support Fair Housing and Equal Opportunity principles.

Our Market and Service Area

We operate in Massachusetts and our brokerage activities are focused on Massachusetts real estate. The Services are intended for users seeking information about Massachusetts properties or engaging with us regarding Massachusetts real estate services. We make no representation that the Services are appropriate or available for use outside Massachusetts. Users who access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Changes to These Terms

We may revise these Terms at any time, in our sole discretion. Changes are effective when posted. Your continued use of the Services after changes are posted means you accept the updated Terms. You are responsible for reviewing this page periodically.

Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent that you are at least 18 and have the legal capacity to enter into these Terms.

Accounts and Communications

Some parts of the Services may require registration. If you create an account, you are responsible for:

  • keeping your login credentials confidential
  • all activity that occurs under your account
  • providing accurate and current information and updating it when it changes
  • notifying us promptly of any unauthorized access or suspected security incident

By providing your email address, you consent to receive Service related notices and messages. If you connect your account through a third-party service (such as Google), your use of that service is governed by its terms and privacy policy. We are not responsible for third-party platforms.

Permitted Use and Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  1. scrape, crawl, harvest, or collect data from the Services using automated means without our express written permission
  2. use the Services or Content for competitive market research, resale, or other commercial exploitation
  3. reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Services
  4. interfere with the operation, security, or performance of the Services, including introducing malware or other harmful code
  5. impersonate another person or misrepresent your identity or affiliation
  6. reproduce, distribute, republish, upload, post, transmit, or create derivative works from the Content except as expressly permitted by these Terms
  7. attempt to gain unauthorized access to any portion of the Services, accounts, or systems

We may suspend or terminate access if we believe you have violated these Terms.

MLS PIN and Listing Data

Certain property listing data and related information displayed through the Services may be provided through MLS Property Information Network, Inc. (“MLS PIN”). MLS PIN listing data is compiled from third-party sources and is provided for consumer convenience. MLS PIN and its participants and subscribers provide important restrictions and disclaimers regarding the use of that data.

Without limiting any other restrictions in these Terms:

  1. Personal, non-commercial use only. Listing data and images made available through the Services are intended only for the personal, non-commercial use of consumers who have a good faith interest in buying, selling, leasing, or renting property. You may not use this data for any other purpose, including resale, redistribution, retransmission, or copying.
  2. No accuracy guarantee. Listing data and images may be incomplete, outdated, or inaccurate. MLS PIN and its participants/subscribers disclaim warranties regarding accuracy, and we do not guarantee the accuracy or completeness of MLS PIN data displayed through the Services.
  3. No modification. IDX displays may not modify MLS PIN listing data.
  4. Updates. Listing data displayed via IDX must be refreshed regularly and, as a general compliance standard, at least once every three days.
  5. Opt-outs and availability. Some listings may be excluded from display due to MLS PIN rules or broker opt-out elections.

If you are a real estate licensee and are not affiliated with Red Tree, you must notify us before accessing any password-protected listing data or data compilations, and we reserve the right to deny or limit access to the extent permitted by MLS PIN rules and other applicable requirements.

User Content and Feedback

If you submit or post content through the Services (for example, inquiries, reviews, messages, or other materials), you represent that it is accurate and lawful and does not infringe third-party rights. We may remove content at any time.
If you provide suggestions or feedback, you agree we may use it without restriction or compensation.

Intellectual Property

The Services and Content are owned by Red Tree or our licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, modify, publicly display, or create derivative works from the Services or Content.

Third-Party Services and Links

The Services may link to third-party websites, tools, or services (including mapping providers). We do not control those third parties and are not responsible for their content, availability, or practices. Your use of third-party services is at your own risk and subject to their terms.

Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any reliance you place on information from the Services is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED TREE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless Red Tree and its affiliates, officers, employees, agents, contractors, and licensors from and against claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of any law or third-party rights.

Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

  1. Informal Resolution First

Before initiating arbitration, you agree to contact us and attempt to resolve the dispute informally by sending a written notice describing the issue and the relief requested.

  1. Arbitration Agreement

Except for disputes eligible for small claims court or requests for injunctive relief as described below, you and Red Tree agree that disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association under its applicable rules, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this arbitration agreement.

  1. No Class Actions

You and Red Tree agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

  1. Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

Copyright Complaints (DMCA)

If you believe any Content on the Services infringes your copyright, please send a written notice that includes:

  • identification of the copyrighted work claimed to be infringed
  • identification of the allegedly infringing material and where it appears on the Services
  • your contact information
  • a statement that you have a good faith belief that the use is not authorized
  • a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on the owner’s behalf
  • your physical or electronic signature

Send notices to the contact information listed in Section 17 and include “DMCA Notice” in the subject line. (If you are unsure about the DMCA process, you may wish to consult counsel.)

Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, except that the Federal Arbitration Act governs the arbitration agreement to the extent applicable.

How to Contact Us

Red Tree Real Estate
193 Harvard Street
Brookline, MA 02446
617-487-8015
realestate@redtreeboston.com