policies
TERMS OF USE

Before using this site, please read these terms and conditions. Access to and use of this Web site is subject to these Terms of Use (the “Terms”). You signify your acceptance of these terms and conditions of service by continuing to access or use this Site, or any service available on this Site. In addition, as a condition of your use of this Web site, you represent and warrant to M Burton Marshall that you will not use this Web site for any purpose that is unlawful, immoral, or prohibited by the Terms. M Burton Marshall reserves the right to terminate access to this website or take other actions he deems necessary or advisable to comply with applicable laws or to protect his rights.

Changes
At any time and from time to time, M Burton Marshall may modify the terms and conditions of access and use of this Site. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this Site. Your use of the Site, or any service on this Site, after M Burton Marshall has the posted modifications to these terms and conditions of service will constitute your acceptance of any and all additional terms and conditions of service, as modified.

Acceptance
If, at any time, you do not wish to accept the terms and conditions of service, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by M Burton Marshall and shall be devoid of all force and effect to the fullest extent allowed by applicable law.

User Guidelines
You agree to adhere to the following guidelines when using this Web site:

You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others.
You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
You may not upload files that contain software, content, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another's computer.
You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
You may not use this Web site to conduct or forward surveys, contests, chain letters, or commercial solicitations.
You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
You may not provide personal information of others without their express permission.
You may not provide personal information of individuals under the age of 18 except for the limited purpose of verifying the ages of potential residents.
You may not access or attempt to access M Burton Marshall's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Web site.

Information and Materials
All of the information contained herein is believed accurate but is not warranted or guaranteed and is subject to change without notice. Pictures, property plans, floor plans, depictions and similar information may represent development concepts and may not represent actual design, layout or final construction. All acreage amounts, square footage, and dimensions may be approximations and are subject to revision at any time.

No Warranty
The information, materials and content contained in this website, including text, graphics, links or other items, are provided "as is" and "as available." M Burton Marshall does not warrant the accuracy, adequacy or completeness of this information, materials and content, and expressly disclaims liability for errors or omissions in this information, materials and content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information, materials and content contained in this website.

Limitation of Liability
In no event shall M Burton Marshall be liable for any damage, including without limitation: (i) direct or indirect, special, incidental or consequential damages; (ii) losses or expenses arising directly or indirectly in connection with this website, the information and content contained on it, and the use or misuse thereof; (iii) lost profits, revenues, business opportunities or business advantages; or (iv) inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if M Burton Marshall or its employees, representatives or agents are advised of the possibility of such damages, losses or expenses. M Burton Marshall shall not be liable to any user or to any third-party for any claim, whether such claim is based upon negligence, gross negligence, strict liability in tort or any other theory of relief.
The user acknowledges that electronic communications databases and websites are subject to errors, malfunctions, tampering and break-ins, and that use thereof may result in damages to the user's system and/or operations. The user acknowledges that M Burton Marshall does not guarantee such events will not take place and that M Burton Marshall shall not be liable for such occurrences. The user shall be solely responsible for ensuring that any information or content downloaded from this website or any other website accessed from it does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage its systems, software or data, and the user shall indemnify, defend and hold M Burton Marshall, his agents and employees harmless from any liability, claim or suit caused by such virus, code or subroutine.

Available Properties, Contracting and Access
It is the responsibility of the potential lessee to ensure that any offer to lease real property advertised on or through this website is directed to and received by the appropriate authorized parties. No offer should be considered accepted and there will be no binding lease until authorized representatives of the lessor and lessee, or any other interested party, has executed a written Lease Agreement. No right of access is granted without the express permission of the authorized agents, employees or owners.

Securities
M Burton Marshall may create ownership entities from time to time. The information provided on this website does not constitute an offer or solicitation for partnership, joint venture or ownership in any property, entity or security, nor does this site constitute investment, tax, financial, legal or other advice. Prior to execution of any agreement by you related to any information you have obtained from this site, the user should seek legal council when appropriate.

Reproduction
The information and images presented here may not under any circumstances be reproduced or used without prior written permission. Users may view and download material from this site only for personal, non-commercial home use. To reproduce, republish, upload, post, transmit, distribute or publicly display material from this website you will need written permission from M Burton Marshall, residents, employees, affiliated or related entities, and the public.

Hyperlinks Notice
This Web site may contain links to Web sites operated by parties other than M Burton Marshall (“Third Party Web Sites”). M Burton Marshall does not control such Third Party Web Sites, and is not responsible for their contents.  M Burton Marshall's inclusion of the links to the Third Party Web Sites does not imply that M Burton Marshall is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol or other material that may be reflected in the links or on the Third Party Web Sites.
Cookies: When you visit our Site, we may assign your computer one or more “cookies.” A cookie is a small text file that contains information that can later be read by us to facilitate your access to our Site.

Email Communications Notice
Although M Burton Marshall will in most circumstances be able to receive your e-mail provided through this Web site (including, without limitation, service requests and other submissions), M Burton Marshall does not guarantee that he will receive all such e-mail timely and accurately and shall not be legally obligated to read, act on, or respond to any such e-mail. Be aware that Internet e-mail typically is not secure. We do not generally receive encrypted e-mail so you should be cautious about the e-mail you send us through the Internet.

Law Enforcement
M Burton Marshall's performance of the Terms is subject to existing laws and legal process, and nothing contained in this Terms of Use Policy is in derogation of M Burton Marshall's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered with respect to such use.

Special Site Security Notice
This website is owned and maintained on private computers and servers. Unauthorized access to or use of this website, as well as any websites to which this website is linked, is not permitted, and constitutes a crime punishable by law (18 U.S.C § 1030).

Governing Law
You agree that this Terms of Use Policy and your use of this Web site are governed by the procedural and substantive laws of the State of New York, U.S.A. without regard to any conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in New York, USA in all disputes (a) arising out of, relating to, or concerning this Web site and/or the Terms, (b) in which this Web site and/or the Terms is an issue or a material fact, or (c) in which this Web site and/or the Terms is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Post makes no representation that materials on this Web site are appropriate or available for use in any particular jurisdiction.

Disputes
Any claim or controversy arising out of, relating to, or concerning this Web site and/or the Terms of Use must be submitted to and settled under the rules of the American Arbitration Association, the decisions of the arbitrators will be binding and conclusive upon all parties involved, and judgment upon any decision of an arbitrator may be entered in the highest court of any forum, federal or state, having jurisdiction.

Severability
Any use in contravention of this provision or any provision of this Terms of Use Policy is at your own risk and, if any part of the Terms is invalid or unenforceable under applicable law, 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 Terms shall govern such use.

Changes to Terms of Use
You agree that M Burton Marshall may at any time and without notice change the terms, conditions, and notices under which this Web site is offered, including any or all portions of the Terms.

No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and M Burton Marshall as a result of this agreement or your use of this Web site.

Entire Agreement
The Terms, taken as a whole, constitute the entire agreement between you and M Burton Marshall with respect to this Web site. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and M Burton Marshall with respect to this Web site. No modification of the Terms shall be effective unless it is authored in writing by M Burton Marshall. Any alleged waiver of any breach of the Terms shall not be deemed to be a waiver of any future breach. A printed version of the Terms and/or of any notice given by M Burton Marshall in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms or your use of this Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by M Burton Marshall in printed form.

Further Information
For further information or to contact us with questions, concerns, or comments, you may write, call, fax, or e-mail us as follows:

M Burton Marshall
PO Box 89, 11 Maple Avenue
Hamilton, New York 13346

Phone: (315) 824-2811
Fax: (315) 824-1621
E-mail: taxman@mbmarshall.com

PRIVACY POLICY

Our Commitment to You
M Burton Marshall will safeguard the confidentiality and security of the information we obtain from you. This notice describes our privacy policy as it relates to the collection, protection and disclosure of such information resulting from credit card transactions only. This privacy statement applies only to information collected by this Web site.

Collection of Information
M Burton Marshall will collect and use information obtained from credit card transactions only for rental payments for the purpose of processing the credit card payment.

Protecting Your Credit Card Information
The credit card information provided by you will be stored in a confidential manner. We maintain physical and electronic safeguards to protect your information.

Disclosure of Your Information
M Burton Marshall does not disclose any nonpublic information (such as credit card number and their expiration dates) about our customers or former customers to anyone, except as required by law. We disclose information only under circumstances where disclosure is required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site or business. Information may also be disclosed for audit purposes, to regulatory agencies or for other general administrative services. We do not disclose information about you to other entities who may want to sell their products to you.

Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

Transaction Security
The security of your personal information is important to us. www.mbmarshall.com uses Secure Socket Layer (SSL) protocol to ensure transaction security. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Changes In This Privacy Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement, the page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

If you have questions or concerns regarding this statement, you should contact rentals@mbmarshall.com

REFUND POLICY

If you would like to request a refund for a payment made on www.mbmarshall.com, please contact us. All refund requests must be in writing (via email ok) and include your name, address, e-mail address, apartment location, and the reasons you are requesting a refund.

All refunds are administered by check through the office. There are no refunds on service fees, bank fees, or credit/debit card fees.

Our office can refund partial or full rent payments and duplicate payments.

M Burton Marshall is not responsible for refund requests that are not timely received in accordance with this policy for any reason, including without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone, postal mail, or any other manner not expressly provided for in this policy.

M Burton Marshall reserves the right to finally determine in his discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request.

If you have any questions about this refund policy, please contact us at rentals@mbmarshall.com. M Burton Marshall reserves the right to modify this Refund Policy at any time.

PET POLICY

Pet Policy

This Pet Addendum becomes part of the Lease Agreement between parties once it is signed.

Landlord hereby grants permission to Tenant to keep the listed domesticated pet(s) on the Premises during the term of
the Lease. Landlord may revoke permission at any time if Tenant fails to comply with any of the terms and conditions in
the Lease or subsequent Addendums. Permission to keep a pet is a privilege, not a right, and as such, may be revoked at
any time at the sole discretion of the Landlord. The following rules must be followed:
1) Tenants are required to provide a reference for their pets from their former landlord if they have rented with their
pets previously.
2) Pets will not cause: danger, damage, cause a nuisance (disturb the health, safety, rights, comfort, quiet or peaceful
enjoyment of others) or soil the apartment, cause damage to the premises, grounds, common areas, parking areas
or landscaping.
3) Tenant assumes all responsibility and is strictly liable for any and all amount of any injury to any person or a portion
of the property as a result of the pet or the pet’s actions and Tenant shall indemnify Landlord for all costs of
litigation and attorney’s fees resulting from the same. For the avoidance of doubt any such damage shall not be
deemed to be “normal wear and tear”.
4) Any animal listed in the schedule of the Dangerous Wild Animals Act 1976 may not be kept at the property and no
vicious or dangerous animals are permitted. Tenant warrants that the pet(s) has no history of causing physical harm
to persons or property, such as biting, scratching, chewing, etc., and further warrants that the pet/pets has no
vicious history or tendencies.
5) Tenant agrees to immunize and register the pet(s) in accordance with local laws and requirements and provide
Landlord with current proof annually or at revaccination date.
6) Tenant agrees the pet will be caged or contained when MBM employees or maintenance contractors enter to
perform maintenance or to show the property to a prospective tenant.
7) Tenants may not breed animals or offer for sale any animal in the property.
8) Rules Specific to DOGS AND CATS:
a) Tenant warrants that their pet(s) is housebroken. Tenants must list contact details of their veterinary practice
and a nominated person who will care for their pets while away or in case of an emergency.
b) Tenant shall maintain flea control on their pet and in their apartment at all times and provide Landlord with proof
prior to moving in and upon demand.
c) Tenant agrees to furnish the Landlord with a picture of their pet prior to occupancy.
d) All food and water bowls must be placed on a protective/plastic floor covering
e) No pet is permitted to urinate or defecate on any floor.
9) Rules specific to DOGS:
a) Pet shall display owner identification and current inoculation tags at all times.
b) Tenant must be able to maintain control over the dog at all times. The dog must be kept on a short leash while in
common areas or on the grounds.
c) Tenant shall not permit the dog to urinate on any shrubs or in beds that are part of landscaped areas. At no time
shall Tenant tie the dog to a porch area, tree, or other fixture on or around the premises.
d) Dogs should not be left alone in the property for more than 4 hours at a time. Tenants must ensure that their
dogs will not cause damage to the property if they are left unsupervised.
e) Barking will not be tolerated in that it is considered to be a nuisance to the other tenants.
f) Tenants agree not to leave food or water for their pet or any other animal outside their dwelling where it may
attract other animals.
g) TENANT agrees to clean up after dog(s) immediately and properly dispose of all waste into nearest outdoor trash
receptacle
h) Rent will be increased by $25.00 per dog, per month. This will be considered additional rent.
i) Tenant must show proof of personal liability insurance coverage for the dog. (may be found on a renter’s policy)

j) Tenant certifies that the dog is not a Pitbull, Rottweiler, Mastiff, Doberman, Akita, Chow, German Shepard, Husky
or any mix thereof.
k) Tenant must bring the dog to the 11 Maple Ave, Hamilton office so the staff can meet the dog to verify the breed
and that it is friendly. Tenant must provide Landlord with proof of the breed(s) from a veterinarian upon request.
10) Rules specific to CATS:
a) All cats must be indoor cats. Cats may not travel between indoors and outdoors.
b) Proper disposal of cat litter (securely bagged) shall be done no less than once/week. Odors arising from urine or
feces will not be tolerated. All litter boxes must be placed on a protective/plastic floor covering and maintained in
a sanitary condition. Used litter will be double bagged and disposed of in the nearest outdoor trash receptacle
and NOT disposed of down the toilet regardless of product’s claim of “flush-ability”
c) Rent will be increased by $10.00/month.
11) Rules Specific to BIRDS:
a) Birds: Birds will be properly caged.
b) Seeds and droppings will be shielded or caught to prevent accumulation and/or damage to carpeting/floors.
12) Rules specific to FISH:
a) Aquariums will not leak.
b) Aquariums will be cleaned regularly to prevent foul water/odors.
13) Tenants are responsible for their pets in accordance with the Animal Welfare Act. If the landlord believes that a pet
kept in the property has been neglected or abandoned, they may report it to an appropriate animal welfare
organization.
14) All security deposits will be held at least 30 days, due to flea incubation cycle. This supersedes the paragraph in the
Lease regarding deposit refunds.
15) Tenant understands that any complaint or notice received regarding the pet(s) is considered a violation of the Lease
and may result in immediate removal of the pet(s) and/or Lease termination; whichever Landlord deems necessary.
16) Any false or misleading information provided herein or violation(s) of these provisions is grounds for immediate
termination of your lease agreement and subsequent remedies specified therein and by law. By signing hereunto,
you fully acknowledge that all the information provided on this form is accurate to the best of your knowledge.
17) Tenants agree that this Amendment applies only to the specific pet described below and that no other pet may be
substituted. Tenants who wish to obtain an additional pet after moving into the property must first ask for
permission in writing to the Landlord.
18) Service, Guide, Signal, or Support animals are not “Pets” according to the Americans with Disabilities Act (ADA), as
long as the animal is being used by the Tenant to support a disability or handicap, or the Tenant is training the
animal(s). Additional information on Service Animals and subsequent rights and protections can be found on
http://www.hud.gov.