Marcel Wynn, LLC d/b/a Marcel Properties and Marcel Marketing

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These Standard Terms and Conditions ("T&Cs") govern the use of Marcel Wynn, LLC’s websites (the "Site") and real estate marketing and property management platform (the "Platform"), which offers marketing services and property-related solutions (the "Services"). Marcel Wynn, LLC ("Marcel," "Company") partners with licensed real estate brokers and service providers but does not itself provide brokerage services. By accessing the Platform or using the Services, you ("User") agree to comply with these T&Cs.

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1. Acceptance of Terms

Use of the Platform and Services is subject to compliance with these T&Cs, all applicable laws, and any supplemental terms presented for review and acceptance at the time of subscribing to a Service ("Service Terms"). If any conflict arises between these T&Cs and the Service Terms, the Service Terms will prevail for that specific Service. By creating an account, User acknowledges and agrees to these T&Cs. If you do not agree to these terms, do not use the Platform or Services.

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2. User Accounts & Privacy

To use the Platform, Users must create an account with a valid email address and password. Any co-signers or authorized parties must maintain separate logins. Users must be at least 18 years old and provide truthful, accurate information. Marcel collects and processes personal data per its Privacy Policy.

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3. Users’ Responsibilities

Users are responsible for:

• Following instructions provided by Marcel regarding Services.

• Maintaining internet access, hardware, and necessary third-party accounts.

• Providing accurate information for Marcel’s marketing and property-related services.

• Reviewing and verifying reports, documents, and marketing materials.

• Ensuring compliance with all applicable laws regarding property marketing and sales.

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Users may not submit false information, engage in spam messaging, or use the Platform for any unlawful purposes.

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4. Leasing Fees Compliance (Massachusetts Law)

Marcel provides property management services in compliance with Massachusetts law, which permits property managers to collect leasing fees. Marcel may charge leasing fees for tenant placement and rental transactions, as permitted by law. Users acknowledge that Marcel does not operate as a brokerage and does not engage in brokerage services.

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Leasing fees may be structured as a flat rate, percentage of rent, or determined on a case-by-case basis, depending on the terms agreed upon by the User.

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5. Third-Party Partnerships & Broker Relationships

Marcel is not a real estate brokerage and does not represent buyers or sellers in real estate transactions. Instead, Marcel partners with licensed brokers who facilitate property sales and transactions. Users acknowledge that:

• Any property sale services are conducted through licensed brokers.

• Marcel provides marketing services but does not handle negotiations or contract execution for real estate transactions.

• Brokers handle legal aspects of transactions, including pricing negotiations, closing coordination, and compliance.

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6. Service Limitations & User Responsibilities

Marcel provides marketing, leasing, and property management services but does not:

• Engage in direct negotiations for property sales.

• Provide brokerage services or act as a licensed real estate agent.

• Guarantee the sale of any property within a specific timeframe or price range.

Users must comply with local and state regulations related to their property transactions and ensure all necessary disclosures and legal documentation are in place.

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7. Marketing Performance Disclaimer

Marcel provides strategic marketing services to enhance property exposure but does not guarantee:

• That a property will sell within a set timeframe.

• That the final sale price will meet or exceed the listing price.

• Any specific buyer engagement or closing rates.

Users acknowledge that market conditions, property characteristics, and other external factors influence sales outcomes, and Marcel is not liable for unsatisfactory results.

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8. Refunds & Payment Policies

Users purchasing marketing services acknowledge:

• Refunds are not available once services have commenced.

• If a seller withdraws their listing after purchasing services, they may not receive a refund.

• Cancellation terms vary based on the services selected.

Users must review specific payment policies outlined in their Service Terms before purchasing any marketing services.

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9. Compliance with Fair Housing Laws

Marcel adheres to all federal, state, and local Fair Housing laws. Users acknowledge that all marketing materials and property listings must comply with anti-discrimination laws, and Marcel reserves the right to reject any content that violates these laws.

Users agree not to engage in discriminatory advertising or exclusionary practices when listing properties on the Platform.

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10. Communication Consent

Marcel communicates via email and SMS regarding transactions, updates, and marketing. By using the Platform, User consents to receiving such messages. Standard messaging and data rates may apply. Users may opt out of marketing communications but will still receive essential service updates.

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11. Intellectual Property

User content uploaded to the Platform remains the property of the User. By submitting content, Users grant Marcel a non-exclusive, worldwide license to use, display, and distribute the content as necessary for marketing and promotional efforts.

Marcel and its licensors retain ownership of all Platform and Service-related intellectual property, including trademarks, branding, and proprietary technology. Users may not copy, modify, or distribute Marcel content for unauthorized use.

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12. Monitoring & Compliance

Marcel reserves the right to monitor, review, and remove any content that violates these T&Cs. While not obligated to do so, Marcel may take appropriate action to ensure compliance with legal requirements and maintain platform integrity.

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13. Dispute Resolution & Governing Law

Users agree to resolve disputes through informal negotiations for at least 30 days before initiating arbitration or legal proceedings. Any arbitration shall be conducted in Lawrence, Massachusetts, under the American Arbitration Association (AAA) rules.

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Users waive their right to participate in class actions against Marcel. These T&Cs are governed by the laws of Massachusetts, and any legal proceedings shall take place in Massachusetts state or federal courts.

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14. General Provisions

These T&Cs constitute the entire agreement between Marcel and the User regarding the Platform and Services. If any provision is found unenforceable, the remaining terms will remain in effect. Users may not transfer their rights under these T&Cs without prior written consent from Marcel. Notices to Marcel must be sent via email to legal@marcelwynn.com with a copy via certified mail to Marcel Wynn, LLC, Attn: Legal Department.

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Last Updated: January 14th, 2025