This website ("Website") is provided by Massachusetts Housing Finance Agency ("MassHousing") for use by borrowers and lenders of MassHousing. This agreement ("Agreement") states the Terms and Conditions under which business partners and potential business partners of MassHousing may use this Website. Please read this Agreement carefully. BY USING THIS WEBSITE YOU AGREE ON BEHALF OF YOUR ORGANIZATION TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Where the word "you" or "your" appears in the remainder of this Agreement, it shall be deemed to include both you and your organization. If you do not accept the Terms and Conditions stated here, do not use this Website. MassHousing may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you. If you violate any of these Terms, your permission to use the Materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the Materials.
USE OF MATERIALS
MassHousing authorizes you to view, copy, and reproduce for your own internal use any of the Materials on this Website ("Website") provided that you agree to and abide by the terms and conditions contained here and in any separate agreement you enter into with MassHousing.
The contents of this Website, such as text, graphics, images, trademarks, and other content ("Materials") are protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Materials may violate applicable laws. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, externally distribute, or otherwise use the Materials in any way for any purpose other than as expressly provided for. The unauthorized use of the Materials on any other website or in a networked computer environment for any purpose is prohibited. Except as specifically stated here, nothing on this Website shall be construed as granting any license under any of MassHousing's intellectual property rights, whether by estoppel, implication, or otherwise. MassHousing prohibits the use of any MassHousing trademark, or any related graphic, as a "hot" link to any website, including this Website, unless approved by MassHousing. All rights not specifically granted herein are hereby reserved by MassHousing.
The following is a partial list of trademarks owned by or under the control of MassHousing or its affiliates. All other products and services mentioned on this Website are identified by the trademarks or service marks of their respective companies or organizations. Additional marks may be added to this list from time to time at MassHousing's discretion: MassHousing™, the MassHousing Logo™, MI Plus™, and Where Opportunities Reside™ are trademarks of MassHousing.
The Materials may contain inaccuracies or typographical errors. MassHousing makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using this Website or the Materials. The use of the Website and the Materials is at your own risk. Changes are periodically made to the Website and may be made at any time.
MassHousing does not warrant that this Website will operate error-free or that this Website and its server are free of computer viruses and other harmful goods. If your use of this Website or the Materials results in the need for servicing or replacing equipment or data, MassHousing is not responsible for those costs.
This Website and the Materials are provided on an 'as is' basis without any warranties of any kind. MassHousing and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranties of merchantability, non-infringement of third parties' rights, and the warranty of fitness for a particular purpose. MassHousing and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the Materials, services, graphics, and links.
Notwithstanding anything contained herein to the contrary, the total maximum liability of MassHousing is limited, in MassHousing's sole discretion, to either (i) repair of any affected Materials or part thereof; or (ii) replacement of any affected Materials or part thereof.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall MassHousing, its affiliates, suppliers, or any third parties mentioned at this Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not MassHousing is advised of the possibility of such damages.
LINKS TO OTHER SITES; THIRD PARTY CONTENT, PRODUCTS, AND SERVICES
The Website may contain links to third-party websites or information about the products or services of a third party. These links and information are provided solely as a convenience to you and not as an endorsement or sponsorship by MassHousing of the contents on such third-party websites or the products or services of such third parties. MassHousing is not responsible for the content of linked third-party websites or the products or services of such third party and does not make any representations regarding the content or accuracy of materials on such third-party websites or the products or services of such third party. If you decide to access linked third-party websites or use products or services of any third party, you do so at your own risk. Some links may expire or move over time, and access to the sources of some links may require registration and/or fee-based subscriptions.
You agree to defend, indemnify, and hold harmless MassHousing, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Materials or your breach of the terms of this Agreement. MassHousing shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
MassHousing may use the information it obtains relating to you, including your IP address, name, mailing address, email address, and use of the Website, for its internal business and marketing purposes, subject to the terms and conditions of its Privacy Statement.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any action related to this Agreement shall be brought only in the state and federal courts of the Commonwealth of Massachusetts and both parties waive any objection to the personal jurisdiction of and venue in such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.