Use of Our Service
MassAmerican is partnered with Real Estate data companies, this allows us to educate Buyers/Sellers. For home-sellers, we provide tailored home estimates that are based on the home’s unique finishes. For home-shoppers, we gather ideal homes features and provide targeted estimates. After understanding and collecting our buyers/shoppers needs, we match them with industry expert. This is the core of what we do for real estate. We make a professional introduction between our buyers/shoppers and one of our Real Estate Agent partners. The service that we provide to both buyers and sellers of real estate and real estate professionals is governed by a few terms that are outlined below.
The terms of our contract with you are set forth. If you don’t agree with the terms, please to leave this web site. If you do use this Web site, that action will serve as your agreement to be bound by our terms of service.
MassAmericanLife is operated in compliance with all state and federal housing laws.
- MassAmericanLife intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
- To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Web site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
- You agree to the following limitation: The web site and the information, software, products and services associated with it are provided "As is." MassAmericanLife and/or its suppliers, participating lenders, or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use of MassAmericanLife’s service is at your own risk. We and/or its suppliers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of our services or with the delay or inability to use the web site, or for any information, software, products and services obtained through the web site, or otherwise arising out of the use of the web site, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- You also agree to the following: In no event shall MassAmericanLife or our suppliers be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance, is limited to $100. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
- You also agree to the following dispute resolution, arbitration, and class action waiver: Instead of suing in Court, you and MassAmericanLife agree to arbitrate all disputes between you and MassAmericanLife or any of MassAmericanLife’s agents, representatives, or partners acting on MassAmericanLife behalf, on an individual basis, not on a class-wide or consolidated basis. The FAA applies to this agreement, the arbitration provision, and all questions of whether dispute is subject to arbitration. Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of your residence. We each agree that we will only pursue arbitration on an individual basis and will not pursue arbitration on a class-wide or consolidated basis. We each agree that any arbitration will be solely between you and MassAmericanLife (or MassAmericanLife’s agents, representatives, or partners acting on MassAmericanLife’s behalf). We each waive any rights to bring a class action or consolidated action. Exceptions: Either of us may bring qualifying claims in small claims court.
Terms for Buyers/Shoppers
All non-real estate professionals (including prospective Buyers and Sellers and their representatives) who are involved with and use our Web site must agree with the following terms:
- When the time is right, we may make a professional introduction between you and one of our partners, including our real estate agent partners. Of course, this introduction involves sharing the contact information of each party with the other. When you submit information to MassAmericanLife.com for a request, you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail or other reasonable means.
- For us to help you, we need you to provide information that is accurate and complete, especially your contact information so that our Real Estate Agent partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
- You understand that while MassAmericanLife may refer real estate professionals, we do not perform real estate brokerage services. Any Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you. We do not endorse, recommend or otherwise know the terms of any agreement between you and a real estate professional.
- You understand that for our services we may receive payment (a referral fee) that may be a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
- Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.
- You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.
- You may initiate or receive a call from a MassAmericanLife representative or one of our agent partners via one of MassAmericanLife’s tracked phone numbers. If you do so, MassAmericanLife may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to MassAmericanLife.
Our Communications With You
(TCPA Consent for United States Residents)
- EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.
- E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).
- AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
- NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
- REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN EMAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF EMAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER EMAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE "UNSUBSCRIBE" LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.
- COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL REAL ESTATE PROFESSIONAL WHO COMMUNICATES WITH YOU WILL DETERMINE IT.
Your consent here also serves as your express written consent to electronic communications from us in the past.
You represent and warrant that:
- You are at least 18 years old.
- You live in the United States (or Canada, in which case the Canadian consents below apply).
- You have not registered on a national or statewide Do Not Call list.
- You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent.
- The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual.
- You are interested in buying or selling property.