The Berkshires For Sale (“TBFS”)
Please read the following terms and conditions relating to your access and use of WWW.THEBERKSHIRESFORSALE.COM carefully.
- Scope of These Terms and Conditions.
These Terms and Conditions apply only to your use of: the web sites owned and operated by TBFS which are www.TheBerkshiresForSale.com, www.BerkshireProbateServices.com, both of which are collectively referred to herein as “this Site”. These Terms and Conditions do not apply to your use of unaffiliated websites of any other companies, organizations or individuals (“Other Sites”) to which this Site merely links.
By using this Site, you agree to be bound to these Terms and Conditions of Use. TBFS, its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms and Conditions at any time, please do not use this Site.
- Disclaimer Re Links.
We are not responsible for the availability of any Other Site to which this Site links. We do not take responsibility for the contents, advertising, products, privacy policies or other materials made available through any Other Site nor do we endorse Other Sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any Other Site. Please direct your concerns to that Other Site’s webmaster or appropriate contact.
- Copyright Ownership.
All rights, title and interest in this Site created by TBFS and in the ownership of the copyright therein, shall at all times remain vested in TBFS. TBFS shall have the right to license any data contained in, or collected on, this Site to any entity pursuant to terms agreed upon by TBFS.
- Legal Use Limitation.
By using this Site you warrant to TBFS that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms and Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.
- Liability Disclaimer.
You use this Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
- Warranty Disclaimer.
You expressly understand and agree that this Site and the information available through this Site are provided on an “as is” “as available” basis. TBFS does not warrant that this Site will be uninterrupted or error-free, and TBFS makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. TBFS expressly disclaims any and all warranties with respect to the Site and the information available through the Site, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. This Site and the information available through this Site are always subject to change.
- No Personal Advice.
The information contained in or made available by this Site does not and is not intended to convey any form of personal advice to you regarding the sale or purchase of real property. The information here cannot replace or substitute for the professional advice of a licensed real estate salesperson or broker to answer any questions and help you understand and use the information available through this Site.
- Changes to the Site.
TBFS may make changes or improvements to the information, services, products or other materials on this Site at any time without notice.
- Jurisdictional Issues.
We operate and control our Site from our offices in Pittsfield, Massachusetts, in the United States of America. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions will be governed by laws of the State of Massachusetts without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions or use of this Site will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Pittsfield, Massachusetts.
If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.
This is the entire Agreement between you and us relating to the subject matter it contains.
This Agreement may be modified only by our posting of changes to these Terms and Conditions. Any inquiries regarding these Terms and Conditions of use should be directed to privacy@TheBerkshiresForSale.com.