Terms Of Service

Bainbridge Inc. Free Listings Tours  Terms
These Bainbridge Inc. Free Listing Tours Program Terms ("Terms") are entered into by, as applicable, the customer signing these Terms or any document that references these Terms or that accepts these Terms electronically ("Customer") and Bainbridge Inc. ("Bainbridge"). These Terms govern Customer's participation in Bainbridge's advertising program(s) ("Program") and, as applicable,  any insertion orders or service agreements ("IO") executed by and between the parties and/or Customer's online management of any advertising campaigns.  These Terms and any applicable IO are collectively referred to as the "Agreement." Bainbridge and Customer hereby agree and acknowledge:

 

  1. Internet Hosting. Bainbridge, Inc. ("us" or "we") will provide Internet links to hosted pages and sites based on the information you provide us. We will assist you in the generation of the html code that can be placed on your web site(s) and/or distributed to your Multiple Listing Service ("MLS"). From time-to-time enhancements, new features, and services will be incorporated into the service. Other services, such as domain name hosting, site design, and email accounts may also be available at additional costs. Unless otherwise specified in writing, all source code, procedures, and graphic designs (excluding previously copyrighted works) remain the property of us.
  2. Policies. Program use is subject to all applicable Bainbridge and Partner policies, including without limitation the Editorial Guidelines (www.Bainbridgeinfo.com/select/guidelines.html), Bainbridge Privacy Policy (www.Bainbridgeinfo.com/privacy.html) and Trademark Guidelines (www.Bainbridgeinfo.com/permissions/guidelines.html), and Bainbridge and Partner ad specification requirements (collectively, "Policies"). Policies may be modified at any time.  Customer shall direct only to Bainbridge communications regarding Customer ads on Partner Properties. Some Program features are identified as "Beta," "Ad Experiment," or otherwise unsupported ("Beta Features"). To the fullest extent permitted by law, Beta Features are provided "as is" and at Customer's option and risk. Customer shall not disclose to any third party any information from Beta Features, existence of non-public Beta Features or access to Beta Features. Bainbridge may modify ads to comply with any Policies.
  3. The Program. Customer is solely responsible for all: (a) ad targeting options and keywords (collectively "Targets") and all ad content, ad information, and ad URLs ("Creative"), whether generated by or for Customer; and (b) web sites, services and landing pages which Creative links or directs viewers to, and advertised services and products (collectively "Services"). Customer shall protect any Customer passwords and takes full responsibility for Customer's own, and third party, use of any Customer accounts. Customer understands and agrees that ads may be placed on (y) any content or property provided by Bainbridge ("Bainbridge Property"), and, unless Customer opts out of such placement in the manner specified by Bainbridge, (z) any other content or property provided by a third party ("Partner") upon which Bainbridge places ads ("Partner Property").  Customer authorizes and consents to all such placements.   Customer grants Bainbridge permission to utilize an automated software program to retrieve and analyze websites associated with the Services for ad quality and serving purposes, unless Customer specifically opts out of the evaluation in a manner specified by Bainbridge. Bainbridge may modify any of its Programs at any time without liability.  Bainbridge also may modify these Terms at any time without liability, and Customer's use of the Program after notice that these Terms have changed constitutes Customer's acceptance of the new Terms. Bainbridge or Partners may reject or remove any ad or Target for any or no reason.
  4. Prohibited Uses; License Grant; Representations and Warranties. Customer shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (b) use any automated means or form of scraping or data extraction to access, query or otherwise collect Bainbridge advertising related information from any Program website or property except as expressly permitted by Bainbridge; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice.  Customer represents and warrants that it holds and hereby grants Bainbridge and Partners all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in Creative, Services and Targets needed for Bainbridge and Partner to operate Programs  (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Creative or Targets) in connection with this Agreement ("Use").  Customer represents and warrants that (y) all Customer information is complete, correct and current; and (z) any Use hereunder and Customer's Creative, Targets, and Customer's Services will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including without limitation intellectual property rights).  Violation of the foregoing may result in immediate termination of this Agreement or customer's account without notice and may subject Customer to legal penalties and consequences. 

  5. MLS Data. You represent that you are a participant, in good standing, of the Multiple Listing Service ("MLS") or other real estate listing service providers(s) that service your area, as submitted to us. You will maintain that standing as long as you maintain MLS identifiers for yourself or your organization, and that you are authorized by MLS service to (i) access the information in an electronic format, (ii) download information from the MLS, and (iii) furnish the information to prospects and other person(s) in accordance with the rules and license agreements (if any) of the MLS. You authorize us to be your agent for the purpose performing on your behalf the items set forth in the previous sentence and to collect information from prospects generated via your web site and to communicate with those prospects electronically on your behalf in connection with the Free Listing ToursSM Service.
  6. Reciprocity, Copyrights Grant of Authority. You (and/or your principal) agree to be bound by any IDX/Broker Reciprocity license required by your MLS for this purpose. By entering into the program, you represent that you have copyright rights to listing data retrieved from an MLS source for publication. By  entering into the terms any property Listing data or information associated with you within the MLS's you specify, or by filing an Image or text with the Service, a Customer represents and warrants that the Customer, without the necessity of any further consent or approval, has been authorized to grant, and thereby does grant, authority to the Service to include both the property Listing data and information and all such Images in the Service Compilation and any manifestation thereof and to otherwise use such data, information and Images for such other purposes as the Service from time to time shall determine. Copyright to the Service Compilation and any manifestation thereof (including without limitation any Service Publication), irrespective of medium, form or format, shall be vested and remain in the Service.
     
  7. Privacy Protection. You agree to maintain your own privacy policy on your site, if any. We agree to maintain the confidentiality of your contacts. We will only access information on your prospects to assist you and/or your staff, or to track utilization of the service. Because of the nature and accessibility of Internet technology, we cannot guarantee that unauthorized parties will not be able to access the system through the use of obtained passwords, hacking, spoofing, listening, or other techniques. Please take care when posting sensitive information to the system. We will make reasonable efforts to backup your site, listings, users and other elements. We recommend you download your listings and contacts and store them frequently.
  8. Fees. We charge you the fees indicated on the order form. We reserve the right to change the fees with thirty (30) days notice.  If you choose to continue your subscription, new fees will take effect thirty (30) days after we have sent notification to you of said fees. Unless specified, recurring fees are due on the second Friday of each month. Unless other payment arrangements are made, we will charge your credit card automatically. Late payments incur an interest rate of 1 1/2 % each month or the maximum allowed by law if less.
  9. Term and Cancellation. Either you or us can cancel the FreeListingsToursSM service at any time. In the event of cancellation, you will owe us any unpaid service fees from prior billing terms, and the fee for the entire billing term in which you cancel service. In the event that we cancel the FreeListingToursSM service, you will be refunded any pre-paid fees by us on a prorated basis. Notice of cancellation must be written or emailed to us at cancellations@freelistingtours.com.
  10. Indemnification. You agree to indemnify and hold us harmless against any and all claims or causes of action that may arise against us resulting from or related to (i) actions we take as your agent pursuant to Section 2, (ii) information provided by you or collected from the service, (iii) any breach of the agreement, and (iv) any unauthorized use of Bainbridge's Service(s).
  11. Warranties. Free Listing Tours, and all related services are provided on an "as-is" and "as available" basis without warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that use of our service will be uninterrupted or error-free. We are not responsible for the accuracy or reliability of any information obtained from the MLS, or provided by you. It is your responsibility to ensure the completeness, usefulness, and accuracy of any content or information available to you.
  12. Support . Customer service and technical support for the MLS AssistantSM system is available to you by sending email to support@freelistingtours.com or calling 617.236.1794. Support hours are Monday through Friday, 9am to 5pm.
  13. Limitation of Liability. We disclaim specifically any liability, whether based on tort, contract, strict liability or otherwise, for any incidental, indirect, special, or consequential damages, even if we have been advised of the possibility of such damages. In no event will our liability for any cause of action arising out of this agreement or the services provided hereunder exceed the service fees paid by you to us under this agreement during the twelve (12) months preceding the date such cause of action arose.
  14. Miscellaneous. FreeListingToursSM service is operated by Bainbridge Incorporated, 466 Commonwealth Avenue, Suite 102, Boston, MA 02215. Any claims relating to this agreement, the FreeListingToursSM service or the information furnished to your web site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. Only we may assign this agreement. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms. This agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior agreement or understandings, written or oral, between the parties with respect to the subject matter hereof. This agreement may be modified only by us upon written notice to you with thirty (30) days notice. Your continued use of the FreeListingToursSM service shall constitute acceptance of such modifications.

Bainbridge Privacy Policy

Last modified: July 1, 2008

At Bainbridge we recognize that privacy is important. This Policy applies to all of the products, services and websites offered by Bainbridge Inc. or its subsidiaries or affiliated companies (collectively, Bainbridge's "services"). In addition, where more detailed information is needed to explain our privacy practices, we post separate privacy notices to describe how particular services process personal information, which are accessible from the navigation bar to the left of this notice.

 

If you have any questions about this Policy, please feel free to contact us through our website or write to us at Privacy Matters, c/o Bainbridge Inc., 466 Commonwealth Avenue Boston MA 02215 USA.

Information we collect and how we use it

We offer a number of services that do not require you to register for an account or provide any personal information to us, such as Relocationality and FreeListingTours Search. In order to provide our full range of services, we may collect the following types of information:

Information you provide - When you sign up for a Relocationality Account or other Bainbridge service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as our advertising programs, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other Bainbridge services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

Bainbridge cookies - When you visit Bainbridge, we send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people search. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Bainbridge features and services may not function properly if your cookies are disabled.

Log information - When you use Bainbridge services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications - When you send email or other communication to Bainbridge, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Affiliated sites - We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Bainbridge in order to deliver the service. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

Links - Bainbridge may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising. For more information about links and redirected URLs.

Other sites - This Privacy Policy applies to web sites and services that are owned and operated by Bainbridge. We do not exercise control over the sites displayed as search results or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Bainbridge only processes personal information for the purposes described in the applicable Privacy Policy and/or privacy notice for specific services. In addition to the above, such purposes include:

  • Providing our products and services to users, including the display of customized content and advertising;
  • Auditing, research and analysis in order to maintain, protect and improve our services;
  • Ensuring the technical functioning of our network; and
  • Developing new services.

You can find more information about how we process personal information by referring to the privacy notices for particular services.

Bainbridge processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.

You can decline to submit personal information to any of our services, in which case Bainbridge may not be able to provide those services to you.

Information sharing

Bainbridge only shares personal information with other companies or individuals outside of Bainbridge in the following limited circumstances:

We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Bainbridge, its users or the public as required or permitted by law.

If Bainbridge becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular listing, for example, or how many users clicked on a particular tour. Such information does not identify you individually.

Please contact us at the address below for any additional questions about the management or use of personal data.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Bainbridge employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity

Bainbridge processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use Bainbridge services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

Enforcement

Bainbridge regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Bainbridge's treatment of personal information by contacting us through this web site or by writing to us at Privacy Matters, c/o Bainbridge Inc., 466 Commonwealth Avenue Boston MA 02215, USA. When we receive formal written complaints at this address, it is Bainbridge's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Bainbridge and an individual.

Changes to this policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

If you have any additional questions or concerns about this Policy, please feel free to contact us any time through this web site or at Privacy Matters, c/o Bainbridge Inc., 466 Commonwealth Avenue Boston MA 02215, USA.

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