Welcome and thank you for your interest in http://homeforsalemiamifl.com/ (“Website”). The Website is owned and operated by Home For Sale Miami, FL, Inc., (“Company”). We sincerely appreciate the opportunity to serve your needs.
Website use is Subject to Terms
Conflict of a Term
In the event of a conflict between any provision of the Terms, the most limiting provision, language, or Term will govern, but only to the extent of the conflict
Additionally, by clicking a registration or new account submission button, or by otherwise using the Company’s website, networks, mobile applications, or other services provided by the Company, or accessing any content provided by the Company through the Services, you agree to be bound by the Terms, as updated from time to time.
2. No Attorney-Client Privilege
Steven Lamar Thompson, Esq., (CNMI) is responsible for the content of the website (HomeForSaleMiamiFL.com), and is the qualifying Florida licensed real estate broker for Home For Sale Miami, FL, Inc. Note that Steven Lamar Thompson, Esq., and the Company are two independent (stand-alone) businesses, and no merger of the two is intended. No attorney-client privilege is intended or formed from any communication to or from the Company website. The content of this website is intended to convey general information only. No communication in any form between you and the Company website is an offer to represent you, nor is the communication intended to create an attorney‑client privilege. This includes the content of any unsolicited communication (e.g., email; text; phone call; 24/7 chat; and blog). A communication in any form between you and Company “is intended” to be in the presence of a third-party, in the presence of strangers, or made in a public place where you could be overheard; therefore, the communication is not intended to form an attorney-client privilege.
Additionally, a communication is not for the purpose of providing you with an opinion on law, legal services, or assistance in some legal proceeding. Any communication with Company will not be interpreted that you are/were seeking legal advice, nor will it be construed that legal advice was provided to you in any way whatsoever.
3. Home For Sale Miami, FL, Inc.
Home For Sale Miami, FL, Inc., is an active Florida real estate corporation that may: (a) act as a professional real estate broker for you or any other user; (b) act as a professional real estate agent for you or any other user; (c) represent you or another user in the purchase, sale, transaction, auction, or exchange (conveyance) of real property, including any negotiation thereof; or (d) lease or rent, offer to lease or rent, or negotiate the lease of real property under the supervision of an attorney when applicable, or otherwise aid or assist in the lease of real property.
4. No Financial or Real Estate Advice
Company does not, and its services are not intended to provide financial or real estate advice. Company is not a lender representing you.
IRS Circular 230 Notice.
In accordance with Internal Revenue Service requirements, this is to inform you that any information on this website that could be construed as United States tax advice is not written or intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed on this website. See IRS Circular 230.
5. Third-Party Website Links
As a convenience, Company’s website may provide links to various third-party websites. Company does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through Company’s website. The presence on this site of a link to another site does not state or imply the existence of a relationship between Company and the party owning or controlling that other site. Company assumes no responsibility for computer viruses resulting from use of Company’s website or any third-party content accessed through Company’s website. Such linked websites are not under the control of Company and Company assumes no responsibility for the accuracy of the contents of such websites. Company expressly disclaims any and all liability arising from linking to or from a third-party website.
While you are not responsible for making referral payments to Company, as part of the Services, Company may be paid valuable consideration in exchange for referring you to a licensed Florida real estate professional, or to a licensed real estate professional in another state (“Real Estate Referral”). You authorize Company to make such Real Estate Referral and acknowledge Company may be paid valuable consideration for facilitating such referral, and affirm that you waive your right to any pro ratio share of any Real Estate Referral fee in the form of compensation or any other benefit.
Prohibited Fees. Company acknowledges that it is unlawful under the Real Estate Settlement Procedures Act (“RESPA”) for anyone to pay or receive a fee, kickback or anything of value (e.g., referral fee) because they agree to refer “settlement service” business to a particular person or organization (e.g., mortgage, title, home inspection). Further, Company acknowledges that it is also unlawful for anyone to accept a fee or part of a fee for services if that person has not actually performed settlement services for the fee.
7. Eligibility, Accounts and Registration
You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate “up-to-date” at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Company permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
You agree that you are responsible for not sharing, copying, or uploading forms or other files unlawfully or in violation of terms governing any third-party content. You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
8. Use of the Services, Restrictions
A. Use of the Services. As long as you comply with these Terms, Company grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. If you are a real estate (broker/agent) or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Professional Use”). If you use the Services for a Professional Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may be used for transactions in residential and commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
B. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. Company does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. Company may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms do not apply to your use of software obtained from a third-party source under an open source license.
C. Use of Content. Subject to the restrictions set forth in these Terms, you may copy information from the Services only as necessary for your personal use or Professional Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on the Company website may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Company is cited as a source on every page where the Aggregate Data is displayed. Such cite may not include a Company logo without Company’s prior written approval or imply any relationship between you and Company beyond Company being a source of the Aggregate Data.
9. Prohibited Use. By Using Company’s Services, You Agree Not To:
(a) use information provided by Company through the Services in making any loan-related decisions;
(b) reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms;
(c) remove or modify any copyright or other intellectual property notices that appear in the Services;
(d) use the Services for resale, service bureau, time-sharing or other similar purposes;
(e) use the Services in any way that is unlawful, or harms Company, its service providers, suppliers, or any other user;
(f) distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
(g) impersonate another person or misrepresent your affiliation with another person or entity;
(h) reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Company for a particular portion of the Services;
(i) upload invalid data, viruses, worms, spyware, or other malicious software agents to the Services;
(j) interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Company may use to prevent or restrict access to the Services;
(k) conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
(l) use any of Company’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
(m) access or use any of the Services to develop competitive products or services;
(n) transmit or otherwise provide any harmful or objectionable content, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or
(o) attempt to, or permit or encourage any third-party to, do any of the above.
A. Annual Fee for Each Subscription Service (no monthly payments). The Service includes features that allow for automatically recurring payments for periodic (annual) charges (“Subscription Service”) (hereinafter “Service”). The Services are annual subscription-based, but Company reserves the right to implement other pricing models in the future. You agree to pay all applicable fees in connection with your Service including any applicable taxes that Company does not collect on your behalf. If you decide to activate a Service (e.g., flat fee to advertise) you authorize Company to periodically (annually) charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The annual Service will continue unless and until you cancel your Service, or Company terminates it. You must cancel your Service before it renews in order to avoid billing of the next periodic Service fee to your account. Company will bill the periodic Service fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
B. Annual Fee for Each Subscription Service is Non-refundable. All fees (e.g., flat fee Service to advertise) paid to Company are in U.S. dollars and are non-refundable. The benefit of your Service is immediately available; therefore, the annual fee is not refundable. Once your annual Service payment is processed, you can access your Service via http://homeforsalemiamifl.com/.
C. Fee Payment Method. You must have a credit card to pay for the Service unless Company otherwise agrees in writing. Your credit card will be automatically charged for all fees incurred under your Service and you agree that Company is not required to send you any advance notice or confirmation that your credit card has been charged. If Company is unable to charge a payment to your credit card or are otherwise unable to obtain payment for the Service when due, Company can immediately suspend or terminate your access to the Service until we receive payment from you.
You also agree that Company may update your credit card information, including expiration date and card number, due to information received under account updater programs created by the payment networks. Company may reflect these changes to your stored payment information to prevent payment failure or service termination. Cards issued by certain banks may not be eligible; contact your card issuer for details.
Current fees for each Service will be posted on Company’s website, but special fee arrangements (e.g., special fees) will not be posted. Company reserves the right to modify fees at any time for any reason upon notice to you through posting on Company’s website or notification by email. Any increase in fees will be prospective only, beginning with the next Service period. Company may from time to time add offerings or services for which Company may charge additional fees. Company will not charge you for such additional offerings or services without first obtaining your consent. Company may change the Service fee for any subsequent Service period but will provide you advance notice of any increase before it applies. If you do not accept the changes, Company may discontinue providing the applicable part of the Service to you.
D. Third-Party Payment Processor. Company’s authorized third-party payment processor will charge the payment method you specified at the time of payment. You authorize Company to charge all fees as described in these Terms. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your Service fee. Unless otherwise stated in your service-specific agreement, you may cancel a Service by contacting us at: S@HomeForSaleMiamiFL.com.
11. Availability of the Services
Company will make a good faith effort to have the Services available 24 hours a day, 7 days a week. There may still be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the Services is subject to change at any time at Company’s sole discretion.
12. User Materials
A. License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Company images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Company an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Company will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Company may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Company and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms.
B. License Disclaimer. Company is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Company’s sole discretion violates these Terms or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Company with respect to User Materials. Company expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms, Company may investigate the allegation and determine in Company’s sole discretion whether to remove the User Materials, which Company reserves the right to do at any time and without notice.
13. Third Party/Linked Services/Sent Information
A. Generally. Company may provide third-party content through the Services. Any such content represents the opinions, judgments, and offerings of the third-party, not Company. Company does not endorse, and is not responsible in any way for, any such content and Company expressly disclaims any endorsement or responsibility for such content. The Services utilize Google Maps Application Programming Interface (API) and by using the Services, you agree to be bound by Google’s Terms of Service.
Links to other websites are provided for your convenience and reference only. Company has no control of these sites, and Company is not responsible for their content. Company does not endorse, and is not responsible in any way for, any content on these sites and Company expressly disclaims any endorsement or responsibility for such content.
B. Your User Information. The Services include links to third-party products, services and Web sites, as well as materials provided by third-parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third-parties not under Company’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party Terms and privacy policies or other agreements, which you are solely responsible for complying with. Company does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Company may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Company. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Company is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
C. Certain Third-Party Services.
(i) Non-Affiliated Financial Products. If you choose to contact a non-affiliated bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Company (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a “Lender,” you authorize Company in particular) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Company is only providing an administrative information service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not Company. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Again note that Company: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Company or the products of any Third-Party Provider that pays Company; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
Real Estate Settlement Procedures Act (RESPA).
You acknowledge that adding mortgage lenders or other settlement service providers to Company’s interactive, cloud-based platform and charging those lenders or providers for advertising space could have implications under the Real Estate Settlement Procedures Act (RESPA). Company will make a good faith effort to not permit this type of advertising, and makes no representations about whether such arrangements comply with RESPA and is, in no way, responsible for any losses, penalties, or any other damages that could be incurred by or assessed against you or any other company or person for violations of RESPA and/or any other federal or state laws. Company recommends that you consult with an attorney regarding the compliance of any arrangement with settlement service providers regarding RESPA and/or other applicable laws.
(ii) Rental Products. If you choose to submit your information in order to submit a background or credit check, you are subject to the background check company and credit reporting agencies evaluation of your background and creditworthiness and terms, as Company has no control over this information. Company does not process or store background or credit check information and does not control how a landlord uses background or credit check information in evaluating its applications. Company does not guarantee any acceptance by a landlord of an application but does require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.
D. Additional Terms for Third-Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(i) Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms available at http://www.microsoft.com/maps/assets/docs/terms.aspx.
(iii) Payment Providers (e.g., Pay Pal, Stripe). Some of the Services allow you to use Payment Providers to make payments to other users and may include additional processing or application fees detailed when you choose to connect to them. Your use of a Payment Provider is subject to its internal Account Agreement. Additionally, by using a Payment Provider, you agree not to use the Payment Provider (and the Services generally) for any Prohibited Business purposes, as listed in its internal Account Agreement.
(iv) Checkr. Some of the Services allow users to use our third-party background check partner’s, Checkr’s, services to submit an application and background check to a landlord. If you are a Renter using the Checkr services, you authorize Company to obtain your background check report, including criminal and eviction history, and to share that information with Landlords you submit an application to, and agree to the Checkr Terms available at https://checkr.com/terms-of-service/. If you are a Landlord using the Checkr services, you agree to use the background check reports in compliance with the law and agree to the Checkr Background Check Report Terms, available on its website.
14. Intellectual Property
The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including service marks, trademarks, trade dress, trade names), that appear in connection with the Services, are owned and operated by or licensed to Company. The Services are being licensed (not sold) to you by Company only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms.
The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Company, Materials”) provided by Company are protected by intellectual property and other laws and are the property of Company, or Company’s third-party licensors. Except as expressly allowed by these Terms, you may not make use of the Company Materials. Company expressly reserves all rights to the Company Materials and Services not granted to you in these Terms.
Intellectual Property Notice.
Certain content on website and Services are owned by Company. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Company does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
15. You Own Your Content
16. Sharing Your Content
The Services provide features that allow you to share your Content with others. You acknowledge that Company has no responsibility for that activity.
17. Copyright Notice
All content included on this site, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations and software, is the property of Company, or its content suppliers; and it’s protected by United States and international copyright laws. The compilation of all content on Company’s website is the exclusive property of Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company, or its software suppliers and protected by United States and international copyright laws. (i.e., enjoy it here because you can’t take it with you). Note that the content is also subject to the restrictions set forth in these Terms.
18. Claims of Copyright Infringement
Company respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Company’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Home For Sale Miami, FL, Inc.
Attention: Copyright Agent
1680 Michigan Avenue, Suite 700
Miami South Beach, FL 33139
By e-mail: S@HomeForSaleMiamiFL.com.
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
If you choose to provide input and suggestions regarding the Services, including related to any Company Materials (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
20. Termination/Changes to Agreement
These Terms are effective until terminated by you or us. Upon termination, your Service will automatically end, and you must stop using the Services. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting S@HomeForSaleMiamiFL.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms, your permission from Company to use the Services will terminate automatically. In addition, Company may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without cause, with or without notice. For example, Company may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.
Company may alter, suspend or discontinue the Services or any portion of the Services without notice. Company will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Company reserves the right to change these Terms at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms. You are responsible for regularly reviewing these Terms.
If Company suspends or terminates your use, Company will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where Company may suspend or terminate your use immediately. Company reserves the right to delete any or all data files associated with your subscription, in Company’s sole discretion, upon suspension or termination of your subscription.
21. Consent to Communications
22. Contact Information and License Disclosures
Home For Sale Miami, FL, Inc., has its headquarters, and the Services offered by Company and its affiliates is located at 1680 Michigan Avenue, Suite 700 Miami South Beach, FL 33139. You may contact Company by sending correspondence to that address or emailing S@HomeForSaleMiamiFL.com. To see Home For Sale Miami, FL, Inc’s corporate real estate brokerage license, see the Florida Department of Business and Professional Regulation available at http://www.myfloridalicense.com/DBPR/.
23. Notice to Apple Users
If you are using our mobile applications on an iOS device, you acknowledge that these Terms are between you and Company only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. You hereby 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.
24. Company Advertisement Services
Generally, Company’s real estate “advertisement” Service means that: (a) a real estate owner pays us a flat fee to advertise on MiamiListingsService.com (“our” MLS), and other similar outlets, subject to the terms of each service, (b) no formal real estate listing contract is mandatory to sign, (c) no real estate broker/agent relationship is formed, and (d) there is no commission to pay Company to advertise on MiamiListingsService.com (“our” MLS).
A. Make Owner Sell (MOS). Company places owner’s advertisement on “our” MLS, plus, other similar marketplaces (no commission to pay), and social media outlets where Company allows anyone to share owner’s advertisement.
B. For Sale By Owner (FSBO). Company places owner’s advertisement on “our” MLS, plus, other similar marketplaces (no commission to pay), and social media outlets where Company allows anyone to share owner’s advertisement. Also, if requested by owner, Company will “list” owner’s real estate on a “different” MLS, if we elected to participate, and subject to its rules (see The other MLSs’ below). Note that Company does not recommend an owner to list (as FSBO) on a “different” MLS because the listing is out of our control where we cannot provide any assurance that “only” owner’s contact information is displayed in the listing. Company makes a good faith effort to ensure that owner’s FSBO advertisement on our MLS remains a true FSBO (no commission to pay).
C. For Sale By Owner Auction (FSBOA). Company places owner’s advertisement on “our” MLS, plus, other similar marketplaces (no commission to pay), and social media outlets where Company allows anyone to share owner’s advertisement. Owner is also granted access to Company’s auction platform to auction their own real estate. The advertisement on “our” MLS informs and directs a buyer to make a traditional offer or bid at auction. Also, if requested by owner, Company will “list” owner’s real estate on a “different” MLS, if Company elected to participate, and subject to its rules (see The other MLSs’ below). Note that Company does not recommend an owner to list (as FSBOA) on a “different” MLS because the listing is out of our control where we cannot provide any assurance that “only” owner’s contact information is displayed in the listing. Company makes a good faith effort to ensure that owner’s FSBOA advertisement on our MLS remains a true FSBOA (no commission to pay).
D. For Rent/Lease By Owner (FR/LBO). Company places owner’s advertisement on “our” MLS, plus, other similar marketplaces (no commission to pay), and social media outlets where Company allows anyone to share owner’s advertisement. Also, if requested by owner, Company will “list” owner’s real estate on a “different” MLS, if Company elected to participate, and subject to its rules (see The other MLSs” below). Note that Company does not recommend an owner to list (as FR/LBO) on a “different” MLS because the listing is out of our control where we cannot provide any assurance that “only” owner’s contact information is displayed in the listing. Company makes a good faith effort to ensure that owner’s FR/LBO advertisement on our MLS remains a true FR/LBO (no commission to pay).
The other ‘MLS’.
Note 1: In addition to Company’s advertisement and listing services, if a real estate owner wants us to “list” their real estate with a “different” MLS (multistate listing service), we will happily do so, only if, at our sole discretion we elected to pay the MLS fee to participate as a broker/agent member, or elected to pay the MLS fee as a Thompson Broker to obtain access. Generally, only real estate broker/agents are permitted to pay MLSs to gain access (MLSs are not open to the public to pay to gain access). To clarify, if we do not first pay a different MLS to participate as a broker/agent member or Thompson Broker to gain access, most likely, a MLS will deny us access to list owner’s real estate. Further, even if we did pay a MLS to gain access, the MLS, most likely, will deny us permission to list the owner’s real estate (i.e., where there is no commission to pay) unless the owner “first” agrees to sign a “mandatory” formal listing contract agreeing to pay a commission to a “buyer’s agent.” Here, different MLSs make it mandatory for a real estate owner to pay commission to a participating broker/agent member of the MLS. In this situation it is possible for the owner to have an advertisement service on “our” MLS (flat fee), plus, have a formal listing contract to “list” on a “different” MLS (to pay commission). MiamiListingsService.com (“our” MLS) is next-generation and unique because it provides free public access and the public has the “option” to advertise real estate without a broker/agent, and without having to pay commission.
Note 2: Owner may raise or lower the sale’s price to test out a price-point (this is limited to one-time per paid term because it will be administratively chaotic to offer additional times to raise or lower the sale’s, rent/lease price).
25. Company Listing Services
Company’s formal real estate listing contract service means that a real estate owner enters into a broker/agent relationship with us, where we make a good faith effort to bring a buyer (or tenant) who is ready, willing and able to execute the contract on terms agreed to by owner and buyer (tenant), in exchange for the agreed to flat fee or commission.
26. Option to Switch Between Company’s Advertisement and Listing Services
A. Owner, during or after the paid term (year) has the “option” to switch from the current advertisement to one of our “different advertisements” to benefit from a different service (see the terms about each service). Upon paying the fee for the different advertisement, a new paid term (year) starts, and the previous advertisement automatically cancels because each advertisement service is not the same. Please understand that no refund will be provided upon any cancelation of any advertisement service due to its low-cost fee.
B. Owner, during or after the paid term (year) has the “option” to switch from the current advertisement service and enter into a formal real estate “listing” contract with us to benefit from a broker/agent relationship. Upon entering into the formal listing contract with us, the previous advertisement service automatically cancels because our advertisement services differ from our formal listing contract services. Please understand that no refund will be provided upon any cancelation of any advertisement service due to its low-cost fee.
Type of Information Collected.
The type of personal information collected on our website includes but is not limited to: Name; Address; Email Address; Phone Number; and all information that relates to your involvement in a real estate transaction. We also collect billing information such as credit card numbers. Contact information of other people may also be collected from or submitted by you during the transaction process or for other communication purposes. When we need to collect credit card data from you in connection with a transaction, portions of pages on our website utilize framing technology that preserves the look and feel of our website but allows your credit card data to be sent securely and directly to our payment processor instead of to Company.
Company uses the information you provide when processing or completing a transaction on Company’s website to communicate to the other parties involved. We do not share this information with outside parties except to the extent necessary to complete a transaction, where required or permitted by law, or as set forth in this Policy. We do not sell your personal information to third-parties. We may share your personal information with third parties who may offer services that may be of interest (“Third-Party Sharing”). We may use the information you provide about someone else for communications required during the transaction process. If you provide personal information about your client(s) to us for the purpose of completing a transaction, you represent and warrant that you have obtained their consent to do so. Such information may be shared with outside parties to complete a transaction for Third-Party Sharing. To opt-out of Third-Party Sharing, email us with your request. We use return email addresses to answer the email we receive. Company may use the information collected from you to provide you with additional information about Company’s services, partners, promotions, and events. Every marketing email from Company contains instructions on how to opt-out of receiving further marketing emails.
Company may collect information such as location, unique device identifier, zip code, occupation, language, and the time zone where http://homeforsalemiamifl.com/ is used so that we can better understand customer behavior and improve our website to better suit our customers.
Company may provide your personal information to companies that provide services to help us with our business activities such as improving system performance or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
If Company enters into a business transaction “merger and/or acquisition” by another company, or a sale of some or all of our assets, your personal information may be among the assets that are transferred or disclosed in connection with such a transaction, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Company never uses or shares the personal information provided to us online in ways unrelated to the ones described in this Policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to help safeguard and secure the information we collect online. When you enter sensitive information on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL). The internet is not a 100% secure environment. There is no guarantee that information you provide or that we maintain may not be accessed, copied, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Company may retain your information for as long as your account is active or as needed to provide you services, or as necessary to facilitate compliance with real estate transaction record retention requirements. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Company gathers certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate, and administer the site.
More About Data Tracking and Cookies.
As you navigate within our website, Company may be collecting and tracking personal information, either by asking you to tell Company something about yourself (such as your name, address or email address) or by using data-tracking software that tells us what parts of the website you have browsed. Company may collect other information about you, such as your IP address, geographic information, the type of the web browser and operating system you use, and any other information that your web browsing software or Internet Service Provider automatically provides to our website. We may be collecting and tracking information about the activities in our website you engage in to help us know what the users are most interested in. We may also use “cookies” to keep track of visitors. A cookie is a small file stored on the hard drive of your personal computer. If your web browser allows, you may disable the placement of cookies on your hard drive. Disabling the placement of cookies may prevent you from accessing or using portions of the website. Except as provided below, the website does not currently share or sell any other information. Except as provided herein, no personally identifiable information is collected beyond that which is identified in this Policy. You agree that we may aggregate any information which we collect or maintain, and that we may use such aggregated information for internal analysis or for marketing purposes. We may disclose aggregate, de-identified data (i.e. stripped of information that identifies you) to third parties in connection with such analysis and/or marketing. By using the website, you expressly agree to the collection and use of the limited information identified. We may disclose your information to: (1) comply with applicable laws; (2) respond to governmental inquiries; (3) comply with valid legal process; or (4) protect our rights or property.
By providing a phone number you agree to receiving calls or texts using any automated technology including prerecorded messages. Message & Data Rates may apply. If you wish to stop such calls and messages please send us an email that is listed on our website.
By registering and using Company’s website, you acknowledge that the processing of your information for the purposes described above may involve the transfer of such information from within the United State of America (USA) to countries outside the USA whose data protection regulation may not be as stringent as that within the USA. We operate in the United States. Any information provided through Company will be processed and stored in the United States, where privacy laws may offer different levels of protection from those in Canada or other countries and personal information may be subject to access by and disclosure to law enforcement agencies in the United States. We may also share personal information with organizations that perform services on our behalf. We require those service providers to take the necessary precautions to protect the personal information.
Company will not disclose personal information unless you have authorized the disclosure. There are some circumstances where we may disclose personal information without consent. Such circumstances include where we are required or permitted by law, such as to comply with a subpoena, or similar legal process; including to meet national security or law enforcement requirements; when we believe in good faith that disclosure is necessary to protect the rights, privacy, safety or property of an identifiable person or group; or where the information is public. We will not disclose more information than required or permitted.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name.
Our website offers a publicly accessible blog that may require you to register to post a comment. We do not control the information posted to the blog. If you want the personal information that was posted to the comments section removed, contact us.
28. Electronic Signature Consent
Before Company can accept your personal information and allow you to sign and submit documents electronically, you need to be aware of the following information and must affirmatively agree to the following:
a. Your responses to all questions throughout either electronic process will be recorded and made part of your electronically signed documents.
b. As part of the use of electronic signatures, you will be required to create a log-in and password for future use, consisting of your unique username and a password specifically chosen by you. You must keep your password confidential as it can be used to electronically sign additional documents.
c. You can return to our website at any time (using your login information) to review, save, and print the documents you signed electronically.
29. By signing up for a Company Service (account) and/or using our Services, you acknowledge and agree to all of the following.
b. You agree that your electronic signature is the equivalent of a manual signature and that we may rely on it as such in connection with any and all agreements you may enter into using the Services and any documents you electronically sign using the Services.
c. You acknowledge and agree that it is your obligation to immediately advise us of any change in your electronic address (i.e., email address).
d. You acknowledge and agree that it is your obligation to immediately advise us in the event that you withdraw your consent to use electronic means for use of Services.
g. You acknowledge and agree that in the event that any person known to you (whether it be a family member, member of your household, or otherwise) misappropriates any of the security devices connected with your Company login/electronic signature account and such misappropriation could not reasonably be detected by us, we shall have the right to treat all resulting electronic signatures as though they were affixed by you.
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third-party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms; (c) your violation of any law or the rights of a third-party; (d) any dispute or issue between you and any third-party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with Company’s defense of that claim.
31. No Warranties
COMPANY PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY COMPANY ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND COMPANY, MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
32. Limitation of Liability/Exclusive Remedy
IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. THE AGGREGATE LIABILITY OF COMPANY, AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $200. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
33. Section Titles
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
These Terms may only be amended by a written agreement signed by authorized representatives of the parties to these Terms.
We may revise these Terms from time to time and the most current version will always be posted on our website. Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you agree to stop using the Services. If there is a dispute about the Terms or the Services, the Terms in effect at the time the dispute arose shall apply.
If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Company may assign its rights in these Terms, Company’s website or Services to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services, in whole or in part, at any time with or without notice to you. You may not assign these Terms or transfer or sublicense your rights, if any, in the Services, and any such attempt is void.
Except as expressly provided in these Terms, the failure of a party to insist upon strict adherence to any provision of these Terms on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that provision or any other provision of these Terms. Company’s failure to act with respect to a breach by you (user) or others does not waive its right to act with respect to subsequent or similar breaches.
39. Merger Clause
Except as expressly stated herein, these Terms, and all expressly incorporated Terms and agreements, constitute the entire and exclusive agreement between you and Company with respect to the use of Company’s website and Services and supersede and replace all prior or contemporaneous communications of any kind between you and Company with respect to the use of Company’s website and Services.
The provisions of these Terms which by their nature shall survive suspension or termination of your Service, including the provisions relating to intellectual property ownership, your obligation to pay fees, disclaimers, limitations of liability, arbitration, class actions, or jury trials.
41. Choice of Law
The Terms, use of Company’s website and Services are governed by the laws of the State of Florida, without giving effect to its conflict of law’s provisions. You consent to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Miami-Dade County, Florida, for any and all disputes, claims and actions arising from or in connection with the Terms, use of Company’s website and Services. Company operates the Services from its office in Miami-Dade County, Florida, and we make no representation that the Services are appropriate or available for use in other locations.
42. Full Force and Effect
The Terms and all provisions thereof, will continue in full force and effect as the legal, valid, and binding rights and obligations of each party, and is enforceable in accordance with its Terms.
43. Attorney Fee
In any demand, pre-litigation, arbitration, mediation, litigation, appeal, or any other proceeding by which one party either seeks to enforce its rights under these Terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, the prevailing party shall be awarded its reasonable attorney fees, costs, and expenses incurred.
Notices under these Terms are invalid unless given or served in writing and forwarded by U.S. mail, postage prepaid, addressed to the party at the appropriate address in these Terms. Notices mailed in accordance with these provisions shall be deemed received on the 5th business day after the postmark.
45. Consult an Attorney
Company advises that all users consult with an attorney before using our website or paying for our Services.
46. Voluntary Execution
Users of our website and Services acknowledge that they: (1) made use of and/or paid for our Services knowingly and voluntarily; and (2) had a reasonable period of time to consider these Terms.
47. Effective Date
The effective date of these Terms and Services starts when you (user) make use of our website and/or pay for a Service.
48. Time is of the Essence
Time is of the essence with respect to all provisions of these Terms and Services.
49. No Class Actions
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
50. No Jury Trial
TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
51. Third-Party Beneficiary Rights
These Terms create no third-party beneficiary rights.
52. Independent Contractor
Company and you are not legal partners or agents; instead, our relationship is that of independent contractors.