TERMS OF USE AGREEMENT
State of Florida
TERMS OF USE
www.FirstRealtyTeam.com
Revised: April, 2022
TERMS OF USE
AGREEMENT
This Terms of Use
Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a
legally binding agreement made between you, whether personally or on behalf of
an entity (“user” or “you”) and First Realty Team, LLC and its affiliated
companies, Websites, applications and tools (collectively, First Realty
Team, FRT, “Company” or “we” or “us” or “our”), concerning your access to and
use of the following: www.FirstRealtyTeam.com,
www.WeAreInverness.com, www.FirstRealtyServices.com Website(s)
as well as any other media form, media channel, mobile website or mobile
application related or connected thereto (collectively, the “Sites”). The Sites,
collectively, provide the following service: Real Estate Information and
service offerings. Supplemental terms and conditions or documents that may be
posted on the Sites from time to time, are hereby expressly incorporated into
this Agreement by reference.
Company makes no
representation that the Sites is appropriate or available in other locations
other than where it is operated by Company. The information provided on the
Sites is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject Company to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Sites from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
Minors
Users under 18 may NOT register for the Sites. All users who
are minors in the jurisdiction in which they reside (generally under the age of
18) are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND
AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE
REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES.
IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT
COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR
CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
Purchases; Payment
Company products
or services.
Company may offer free trial or sample of our products or services. The
duration of the free trial period and all other details of the offer will be
posted on our Sites. If you wish to try
our free options please read through them carefully first. Company will
bill you through a/an online billing account, invoice, or payment provider for
our Services. By using our paid options you agree to pay Company all
charges at the prices then in effect for the products or services you or other
persons using your billing account may purchase, and you authorize Company to
charge your chosen payment provider for any such purchases. You agree to make
payment using that selected payment method. If you have ordered a product or
service that is subject to recurring charges then you agree to us charging your
payment method on a recurring basis, without requiring your prior approval from
you for each recurring charge until such time as you cancel the applicable
product or service. Company reserves the right to correct any errors or
mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed
required by Company. Company may change prices at any time. All payments shall
be in U.S. dollars.
USER
REPRESENTATIONS
Regarding
Your Registration
By using the Company Services,
you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for
all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use our Sites; and
E. your use of the Company Services does not violate any applicable law
or regulation.
You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Sites's registration form and (b) maintain and promptly
update registration data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Company has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Company has the right to
suspend or terminate your account and refuse any and all current or future use
of the Sites (or any portion thereof).
We reserve the
right to remove or reclaim or change a user name you select if we determine
appropriate in our discretion, such as when the user name is obscene or
otherwise objectionable or when a trademark owner complains about a username
that does not closely relate to a user's actual name.
Regarding
Content You Provide
We may invite you
to chat or participate in blogs, message boards, online forums and other
functionality and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute or broadcast content and
materials to our Sites and/or to or via the Sites’ forms, emails, chat agents,
popups, including, without limitation, text, writings, video, audio,
photographs, graphics, comments, suggestions or personally identifiable
information or other material (collectively "Contributions"). Any
Contributions you transmit to Company will be treated as non-confidential and
non-proprietary. When you create or make available a Contribution, you thereby
represent and warrant that:
A. the creation, distribution, transmission, public display and
performance, accessing, downloading and copying of your Contribution does not
and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses,
rights, consents, releases and permissions to use and to authorize Company and
the Sites’ users to use your Contributions as necessary to exercise the licenses
granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and
every identifiable individual person in the Contribution to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the Contribution in the manner contemplated by our Sites;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent,
harassing or otherwise objectionable (as determined by Company), libelous or
slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone,
does not advocate the violent overthrow of any government, does not incite,
encourage or threaten physical harm against another, does not violate any
applicable law, regulation, or rule, and does not violate the privacy or
publicity rights of any third party;
E. your Contribution does not contain material that solicits personal
information from anyone under 18 or exploit people under the age of 18 in a
sexual or violent manner, and does not violate any federal or state law
concerning child pornography or otherwise intended to protect the health or
well-being of minors;
F. your Contribution does not include any offensive comments that are
connected to race, national origin, gender, sexual preference or physical
handicap;
G. your Contribution does not otherwise violate, or link to material
that violates, any provision of this Agreement or any applicable law or
regulation.
CONTRIBUTION
LICENSE
By posting
Contributions to any part of the Sites, or making them accessible to the Sites
by linking your account to any of your social network accounts, you
automatically grant, and you represent and warrant that you have the right to
grant, to Company an unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part) and
distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, such Contributions, and to grant and
authorize sublicenses of the foregoing. The use and distribution may occur in
any media formats and through any media channels. Such use and distribution
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names and logos,
personal and commercial images you provide. Company does not assert any
ownership over your Contributions; rather, as between us and you, subject to
the rights granted to us in this Agreement, you retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We will not use your contribution in
a way that infringes on your rights and always process your personal
information lawfully and with your consent.
Company has the
right, in our sole and absolute discretion, to (i) edit, redact or otherwise
change any Contributions, (ii) re-categorize any Contributions to place them in
more appropriate locations or (iii) pre-screen or delete any Contributions that
are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your
Contributions to the Sites, you hereby authorize Company to grant to each end
user a personal, limited, no-transferable, perpetual, non-exclusive,
royalty-free, fully-paid license to access, download, print and otherwise use
your Contributions for their internal purposes and not for distribution,
transfer, sale or commercial exploitation of any kind.
MOBILE
APPLICATION LICENSE
Use License
If you are accessing the Company Services via a mobile application,
then Company grants you a revocable, non-exclusive, non-transferable, limited
right to install and use the application on wireless handsets owned and
controlled by you, and to access and use the application on such devices
strictly in accordance with the terms and conditions of this license. You shall
use the application strictly in accordance with the terms of this license and
shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (b) make any modification,
adaptation, improvement, enhancement, translation or derivative work from the
application; (c) violate any applicable laws, rules or regulations in
connection with your access or use of the application; (d) remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark)
of Company or its affiliates, partners, suppliers or the licensors of the
application; (e) use the application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not designed or
intended; (f) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the
application; (h) use the application to send automated queries to any Sites or
to send any unsolicited commercial e-mail; or (i) use any proprietary
information or interfaces of Company or other intellectual property of Company in
the design, development, manufacture, licensing or distribution of any
applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play to access the Company Services. You
acknowledge that this Agreement is concluded between you and Company only, and
not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Company, not
an App Distributor, is solely responsible for the Company application and the
content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company
application is limited to a non-transferable license to use the Company application
on a device that utilizes the Apple iOS or Android operating system, as
applicable, and in accordance with the usage rules set forth in the applicable
App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is
solely responsible for providing any maintenance and support services with
respect to the Company application, as specified in this Agreement, or as
required under applicable law. You acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with
respect to the Company application. (3) WARRANTY: Company is solely responsible
for any product warranties, whether express or implied by law, to the extent
not effectively disclaimed. In the event of any failure of the Company application
to conform to any applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the Company application, and to the maximum
extent permitted by applicable law, an App Distributor will have no other
warranty obligation whatsoever with respect to the Company application, and any
other claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be Company sole responsibility. (4)
PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is
responsible for addressing any claims of yours or any third party relating to
the Company application or your possession and/or use of the Company application,
including, but not limited to: (i) product liability claims; (ii) any claim
that the Company application fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in
the event of any third party claim that the Company application or your
possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant
that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must
comply with applicable third party terms of agreement when using the Company application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the Company application. (8)
THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that the App
Distributors, and their subsidiaries, are third party beneficiaries of this
Agreement, and that, upon your acceptance of the terms and conditions of this
Agreement, each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party
beneficiary thereof.
Social Media users can link account with a social network
login.
As part of the functionality of the Sites, you may link your account
with online accounts you may have with third party service providers (each such
account, a “Third Party Account”) by either: (i) providing your Third Party
Account login information through the Sites; or (ii) allowing Company to
access your Third Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third Party Account. You represent that
you are entitled to disclose your Third Party Account login information to Company
and/or grant Company access to your Third Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you
of any of the terms and conditions that govern your use of the applicable Third
Party Account and without obligating Company to pay any fees or making Company subject
to any usage limitations imposed by such third party service providers. By
granting Company access to any Third Party Accounts, you understand that (i) Company
may access, make available and store (if applicable) any content that you have
provided to and stored in your Third Party Account (the “Social Network
Content”) so that it is available on and through the Sites via your account,
including without limitation any friend lists, and (ii) Company may submit and
receive additional information to your Third Party Account to the extent you
are notified when you link your account with the Third Party Account. Depending
on the Third Party Accounts you choose and subject to the privacy settings that
you have set in such Third Party Accounts, personally identifiable information
that you post to your Third Party Accounts may be available on and through your
account on the Sites. Please note that if a Third Party Account or associated
service becomes unavailable or Company access to such Third Party Account is
terminated by the third party service provider, then Social Network Content may
no longer be available on and through the Sites. You will have the ability to
disable the connection between your account on the Sites and your Third Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no
effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality or non-infringement, and Company is not
responsible for any Social Network Content. You acknowledge and agree that Company
may access your e-mail address book associated with a Third Party Account and
your contacts list stored on your mobile device or tablet computer solely for
the purposes of identifying and informing you of those contacts who have also
registered to use the Sites. At your request made via email to our email
address listed below, or through your account settings (if applicable), Company
will deactivate the connection between the Sites and your Third Party Account
and delete any information stored on Company servers that was obtained through
such Third Party Account, except the username and profile picture that become
associated with your account.
SUBMISSIONS
You acknowledge
and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Sites or the Company Services ("Submissions")
provided by you to Company are non-confidential and Company (as well as any
designee of Company) shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
PROHIBITED
ACTIVITIES
You may not
access or use the Sites for any other purpose other than that for which Company makes
it available. The Sites may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by Company. Prohibited
activity includes, but is not limited to:
-attempting to bypass any measures of the Sites
designed to prevent or restrict access to the Sites, or any portion of the Sites,
-attempting to impersonate another user or person
or using the username of another user,
-criminal or tortious activity,
-deciphering, decompiling, disassembling or
reverse engineering any of the software comprising or in any way making up a
part of the Sites,
-deleting the copyright or other proprietary
rights notice from any Sites’ content,
-engaging in any automated use of the system,
such as using any data mining, robots or similar data gathering and extraction
tools,
·
except as may be the result of standard search
engine or Internet browser usage, using or launching, developing or
distributing any automated system, including, without limitation, any spider,
robot (or "bot"), cheat utility, scraper or offline reader that
accesses the Sites, or using or launching any unauthorized script or other
software,
·
harassing, annoying, intimidating or threatening
any Company employees or agents engaged in providing any portion of the Company
Services to you,
-interfering with, disrupting, or creating an
undue burden on the Sites or the networks or services connected to the Sites,
-making any unauthorized use of the Company
Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses,
-selling or otherwise transferring your profile,
-systematic retrieval of data or other content
from the Sites to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Company,
-tricking, defrauding or misleading Company and
other users, especially in any attempt to learn sensitive account information
such as passwords,
-using any information obtained from the Sites in
order to harass, abuse, or harm another person,
-using the Company Services as part of any effort
to compete with Company or to provide services as a service bureau,
-using the Sites in a manner inconsistent with
any and all applicable laws and regulations.
INTELLECTUAL
PROPERTY RIGHTS
The content on
the Sites (“Company Content”) and the trademarks, service marks and logos
contained therein (“Marks”) are owned by or licensed to Company, and are
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions. Company Content, includes,
without limitation, all source code, databases, functionality, software, Sites’
designs, audio, video, text, photographs and graphics. All Company graphics,
logos, designs, page headers, button icons, scripts and service names are
registered trademarks, common law trademarks or trade dress of Company in the
United States and/or other countries. Company trademarks and trade dress may
not be used, including as part of trademarks and/or as part of domain names, in
connection with any product or service in any manner that is likely to cause
confusion and may not be copied, imitated, or used, in whole or in part,
without the prior written permission of the Company.
Company Content
on the Sites is provided to you “AS IS” for your information and personal use
only and may not be used, copied, reproduced, aggregated, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the
respective owners. Provided that you are eligible to use the Sites, you are
granted a limited license to access and use the Sites and the Company Content
and to download or print a copy of any portion of the Company Content to which
you have properly gained access solely for your personal, non-commercial use. Company
reserves all rights not expressly granted to you in and to the Sites and Company
Content and Marks.
THIRD PARTY WEBSITES
AND CONTENT
The Sites
contains (or you may be sent through the Sites or the Company Services) links
to other websites ("Third Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such
Third Party Websites and Third Party Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party accessed through the Sites or any Third Party
Content posted on, available through or installed from the Sites, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Websites or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Sites and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any websites to which you navigate from the
Sites or relating to any applications you use or install from the Sites. Any
purchases you make through Third Party Websites will be through other websites
and from other companies, and Company takes no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable
third party.
SITE MANAGEMENT
Company reserves
the right but does not have the obligation to:
A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company sole
discretion, violates this Agreement, including without limitation, reporting
such user to law enforcement authorities;
C. in Company sole discretion and without limitation, refuse, restrict
access to or availability of, or disable (to the extent technologically
feasible) any user’s contribution or any portion thereof that may violate this
Agreement or any Company policy;
D. in Company’s sole discretion and without limitation, notice or
liability to remove from the Sites or otherwise disable all files and content
that are excessive in size or are in any way burdensome to Company's systems;
E. otherwise manage the Sites in a manner designed to protect the rights
and property of Company and others and to facilitate the proper functioning of
the Sites.
Notifications If you believe that content available on or through our Sites infringes one or more of your copyrights, please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Sites infringes your copyright, you should consider first contacting an attorney. Our Sites has a policy of terminating repeat infringers in appropriate circumstances. All Notifications should include the following: A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to our Designated Copyright Agent as follows:
Designated Copyright Agent
First Realty Team, LLC
506 Tompkins Street Inverness, FL 34450
jim@FirstRealtyTeam.com
352-419-4303
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Counter Notification
If you believe your own copyrighted material has been removed from our Sites
and/or our service as a result of mistake or misidentification, you may submit
a written counter notification (“Counter Notification”) to our Designated
Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an
effective Counter Notification under the DMCA, your Counter Notification must
include substantially the following:
A. Identification of the material that has been removed or disabled and
the location at which the material appeared before it was removed or disabled.
B. A statement that you consent to the jurisdiction of the Federal
District Court in which your address is located, or if your address is outside
the United States, for any judicial district in which our Company is located.
C. A statement that you will accept service of process from the party
that filed the Notification or the party's agent.
D. Your name, address and telephone number.
E. A statement under penalty of perjury that you have a good faith
belief that the material in question was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
F. Your physical or electronic signature.
You may submit your Counter Notification to our Designated Copyright
Agent by fax, mail, or email as set forth above.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled material
after ten (10) business days but no later than fourteen (14) business days from
the date we receive your Counter Notification, unless our Designated Copyright
Agent first receives notice from the party filing the original Notification
informing us that such party has filed a court action to restrain you from
engaging in infringing activity related to the material in question. Please
note that if you materially misrepresent that the disabled or removed content
was removed by mistake or misidentification, you may be liable for damages,
including costs and attorney's fees. Filing a false Counter Notification constitutes
perjury.
TERM AND
TERMINATION
This Agreement
shall remain in full force and effect while you use the Sites or are otherwise
a user or member of the Sites, as applicable. You may terminate your use or
participation at any time, for any reason, by following the instructions for
terminating user accounts in your account settings, if available, or by
contacting us using the contact information below.
WITHOUT LIMITING
ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN
COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR
NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY
APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND
ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY’S SOLE DISCRETION.
In order to
protect the integrity of the Sites and Company Services, Company reserves the
right at any time in its sole discretion to block certain IP addresses from
accessing the Sites and Company Services.
Any provisions of
this Agreement that, in order to fulfill the purposes of such provisions, need
to survive the termination or expiration of this Agreement, shall be deemed to
survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND
THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR
OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY
FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO
CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY
ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
If Company
terminates or suspends your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, Company
reserves the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
To
Agreement
Company may
modify this Agreement from time to time. Any and all changes to this Agreement
will be posted on the Sites and revisions will be indicated by date. You agree
to be bound to any changes to this Agreement when you use the Company Services
after any such modification becomes effective. Company may also, in its
discretion, choose to alert all users with whom it maintains email information
of such modifications by means of an email to their most recently provided
email address. It is therefore important that you regularly review this
Agreement and keep your contact information current in your account settings to
ensure you are informed of changes. You agree that you will periodically check
the Sites for updates to this Agreement and you will read the messages we send
you to inform you of any changes. Modifications to this Agreement shall be
effective after posting.
To
Services
Company reserves
the right at any time to modify or discontinue, temporarily or permanently, the
Company Services (or any part thereof) with or without notice. You agree that
Company shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Company Services.
DISPUTES
Between
Users
If there is a
dispute between users of the Sites, or between users and any third party, you
understand and agree that Company is under no obligation to become involved. In
the event that you have a dispute with one or more other users, you hereby
release Company, its officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and/or the Company Services.
With
Company
A. Governing Law; Jurisdiction. This
Agreement and all aspects of the Sites and Company Services shall be governed
by and construed in accordance with the internal laws of the State of Florida, without
regard to conflict of law provisions. With respect to any disputes or claims
not subject to informal dispute resolution or arbitration (as set forth below),
you agree not to commence or prosecute any action in connection therewith other
than in the state and federal courts located in Citrus County, State of Florida,
and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and jurisdiction
in such state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods is excluded from this
Agreement. Additionally, application of the Uniform Computer Information
Transaction Act (UCITA) is excluded from this Agreement. In no event shall
any claim, action or proceeding by you related in any way to the Sites or
Company Services be instituted more than two (2) years after the cause of
action arose.
B. Informal Resolution. To
expedite resolution and control the cost of any dispute, controversy or claim
related to this Agreement ("Dispute"), you and Company agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least 90 days before initiating any arbitration
or court proceeding. Such informal negotiations commence upon written notice
from one person to the other.
C. Binding Arbitration. If you and
Company are unable to resolve a Dispute through informal negotiations, either
you or Company may elect to have the Dispute (except those Disputes expressly
excluded below) finally and exclusively resolved by binding arbitration. Any
election to arbitrate by one party shall be final and binding on the other. YOU
UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under
the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org. The determination of whether a
Dispute is subject to arbitration shall be governed by the Federal Arbitration
Act and determined by a court rather than an arbitrator. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, Company will pay all
arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless
requested by a party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will
take place in Citrus County, State of Florida. Except as otherwise provided in
this Agreement, you and Company may litigate in court to compel arbitration,
stay proceedings pending arbitration, or to confirm, modify, vacate or enter
judgment on the award entered by the arbitrator.
D. Restrictions. You and Company
agree that any arbitration shall be limited to the Dispute between Company and
you individually. To the full extent permitted by law, (1) no arbitration shall
be joined with any other; (2) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures;
and (3) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to
the above provisions concerning informal negotiations and binding arbitration:
(1) any Disputes seeking to enforce or protect, or concerning the validity of
any of your or Company’s intellectual property rights; (2) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy or
unauthorized use; and (3) any claim for injunctive relief. If this Section is
found to be illegal or unenforceable then neither you nor Company will elect to
arbitrate any Dispute falling within that portion of this Section found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and you
and Company agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally
there may be information on the Sites that contains typographical errors,
inaccuracies or omissions that may relate to service descriptions, pricing,
availability, and various other information. Company reserves the right to
correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice.
DISCLAIMERS
Company cannot
control the nature of all of the content available on the Sites. By operating
the Sites, Company does not represent or imply that Company endorses any blogs,
contributions or other content available on or linked to by the Sites,
including without limitation content hosted on third party websites or provided
by third party applications, or that Company believes contributions, blogs or
other content to be accurate, useful or non-harmful. We do not control and are
not responsible for unlawful or otherwise objectionable content you may
encounter on the Sites or in connection with any contributions. The Company is
not responsible for the conduct, whether online or offline, of any user of the
Sites or Company Services.
YOU AGREE THAT
YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY,
AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY
HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. (Check
if Site sells product or service) ☐ AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF
LIABILITY
IN NO EVENT SHALL
COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES
DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
INDEMNITY
You agree to
defend, indemnify and hold Company, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from and against,
any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of your
contributed content, use of the Company Services, and/or arising from a breach
of this Agreement and/or any breach of your representations and warranties set
forth above. Notwithstanding the foregoing, Company reserves the right, at
your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify Company, and you agree to cooperate, at
your expense, with Company’s defense of such claims. Company will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
NOTICES
Except as
explicitly stated otherwise, any notices given to Company shall be given by email
to the address listed in the contact information below. Any notices given to
you shall be given to the email address you provided during the registration
process, or such other address as each party may specify. Notice shall be
deemed to be given twenty-four (24) hours after the email is sent, unless the
sending party is notified that the email address is invalid. We may also choose
to send notices by regular mail.
USER DATA
Our Sites will
maintain certain data that you transfer to the Sites for the purpose of the
performance of the Company Services, as well as data relating to your use of
the Company Services. Although we perform regular routine backups of data, you
are primarily responsible for all data that you have transferred or that
relates to any activity you have undertaken using the Company Services. You
agree that Company shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against Company arising
from any such loss or corruption of such data.
ELECTRONIC
CONTRACTING
Your use of the
Company Services includes the ability to enter into agreements and/or to make
transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY (☐ AND TO PAY) FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND
INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO
ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING
NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to
access and retain your electronic records, you may be required to have certain
hardware and software, which are your sole responsibility.
MISCELLANEOUS
This Agreement
constitutes the entire agreement between you and Company regarding the use of
the Company Services. The failure of Company to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. This Agreement and your account may not be assigned
by you without our express written consent. Company may assign any or all of
its rights and obligations to others at any time. Company shall not be
responsible or liable for any loss, damage, delay or failure to act caused by
any cause beyond Company's reasonable control. If any provision or part of a
provision of this Agreement is unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from this Agreement and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and Company as a result of this Agreement or use of the Sites and Company
Services. Upon Company’s request, you will furnish Company any documentation,
substantiation or releases necessary to verify your compliance with this
Agreement. You agree that this Agreement will not be construed against Company
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of this Agreement and the lack of signing by
the parties hereto to execute this Agreement.
CONTACT US
In order to
resolve a complaint regarding the Company Services or to receive further
information regarding use of the Company Services, please contact Company as
set forth below or, if any complaint with us is not satisfactorily resolved,
and you are a California resident, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer Affairs
in writing at 400 "R" Street, Sacramento, California 95814 or by
telephone at 1-916-445-1254.
First Realty Team, LLC
506 Tompkins Street
Inverness, FL 34450
jim@FirstRealtyTeam.com
352-419-4303