TERMS AND
CONDITIONS OF USE
This website ("Site") is provided to
you by Door In Real Estate, LLC ("Door In Real Estate"). Your
access to and use of this Site is subject to these Terms and
Conditions of Use. By accessing this Site you ("you") agree to be
bound by these Terms and Conditions of Use whether or not you have
read them. If you do not agree to these Terms and Conditions of
Use, do not access or use this Site.
CHANGES
TO THE SITE
Changes may be made at any time to
the information, names, text, software, images, pictures, logos,
trademarks, service marks, products and services and any other
material displayed on, offered through or contained on this Site.
CHANGES
TO TERMS AND CONDITIONS
Door In Real Estate may at any time,
and at its sole discretion, modify these Terms and Conditions of
Use, including without limitation the Privacy Policy, with or
without notice. Such modifications will be effective immediately
upon posting. You agree to review these Terms and Conditions of Use
periodically and your continued use of this Site following such
modifications will indicate your acceptance of these modified Terms
and Conditions of Use. If you do not agree to any modification of
these Terms and Conditions of Use, you must immediately stop using
this Site.
PRIVACY POLICY
Door In Real Estate's personal
information practices on this Site are governed by Door In Real
Estate's privacy statement. Please review this privacy statement
and print a copy for your records.
LINKS
This Site may contain links to or
references to third party websites. These links are provided for
your convenience only. No endorsement of any third party products,
services or information is expressed or implied by any information,
material or content of any third party contained in, referred to,
included on, or linked from or to this Site. Any information, data,
opinions, recommendation, products or services provided by such
third parties through links to other websites or otherwise made
available through their websites are solely those of such third
parties and not of Door In Real Estate or its affiliates. Your use
of such third party websites is subject to the Terms and Conditions
of use and the privacy policies of such websites.
YOUR
OBLIGATIONS
In providing registration and
transactional information to Door In Real Estate, you agree to
provide true, accurate, current and correct information about
yourself, any property you own, and any property you wish to
purchase or sell, and to maintain and update registration
information to keep it true, accurate, current and complete. If
Door In Real Estate has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Door
In Real Estate has the right to suspend or terminate your account
and refuse any and all current or future use of the account.
In using this Site you agree that you
will not: (a) post, disseminate or transmit unauthorized
advertising, promotional materials, chain letters, junk mail or any
other type of unsolicited mass e-mail to people or entities who have
not agreed to be part of such mailings; (b) omit, delete, forge or
misrepresent transmission information, including headers, return
mailing and Internet protocol addresses, or otherwise manipulate
identifiers to disguise the origin of any content; (c) impersonate
any person or entity, or falsely state or otherwise misrepresent an
affiliation with any person or entity; (d) engage in any activities
intended to withhold or cloak identity or contact information; (e)
send harassing and/or threatening messages to others; (f) post
excessive responses to interactive features or functions of this
Site; or (g) engage in 'flooding', i.e., ICMP flooding and mail
bombing (sending large amounts of e-mail repeatedly to the same
e-mail address).
You agree that you are responsible
for your own communications and that you will not post, disseminate
or transmit any content that: (a) is unlawful, harassing,
defamatory, abusive, threatening, obscene, harmful, tortious,
libelous, or invasive of another's privacy; (b) infringes or
violates any person’s or entity’s copyright, trademark, trade
secret, patent or other proprietary right including, but not limited
to, using third-party copyrighted materials without appropriate
permission, using third-party trademarks without appropriate
permission or attribution, and using or distributing third-party
information protected as a trade secret in violation of a duty of
confidentiality; (c) you do not have the right to disseminate or
transmit under law, or contractual or fiduciary relationships; or
(d) contains personally identifiable information belonging to
minors.
To the extent that the following
activities are prohibited by applicable law, in using this Site you
will not: (a) use the Site for any illegal purpose, in violation of
any applicable laws or regulations; (b) electronically stalk or
otherwise electronically harass any person; or (c) engage in any
Internet activities that would violate the personal privacy rights
of others, including but not limited to, collecting and distributing
information about Internet users without their permission, except as
permitted by applicable law.
MANAGING YOUR PASSWORD AND YOUR
ACCOUNT
You are solely responsible for
managing your password and for keeping your password confidential.
No one from Door In Real Estate will be authorized to provide your
password. If you have forgotten your password, go to the “Sign In”
link at the top of the screen and then click on "Forgot your
password." Follow the instructions, and a link to change your
password will be e-mailed to you. You are also solely responsible
for restricting access to any computer you use to access your Door
In Real Estate online account. You agree that you are responsible
for all activities that occur on your account or through use of your
password by yourself or by other persons.
INTELLECTUAL PROPERTY
The materials displayed on or
contained within this Site including, without limitation, all Site
software, design, text, editorial materials, informational text,
photographs, illustrations, games, audio clips, video clips, short
features, artwork and other graphic materials, and names, logos,
trademarks and service marks (the "Materials"), are the property of
Door In Real Estate or its licensors and are protected by copyright,
trademark and other intellectual property laws. The Door In Real
Estate name, design and related marks are trademarks of Door In Real
Estate. Door In Real Estate hereby grants you a personal,
non-exclusive, non-assignable and non-transferable license to use
and display the Materials for noncommercial and personal use only;
provided that you maintain all copyright and other notices contained
in such Materials. You agree not to reproduce, modify, create
derivative works from, display, perform, distribute, disseminate,
broadcast or circulate any Materials to any third party (including,
without limitation, the display and distribution of Materials via a
third party website) without express prior written consent of Door
In Real Estate. Use of the Materials is only permitted with the
express written permission of Door In Real Estate and/or its
licensors. You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify the Materials. This
Section will survive the termination of your right to use this Site.
ELECTRONIC
SIGNATURES AND TRANSACTIONS
Federal and State laws provide that
electronic signatures are as effective as handwritten signatures,
and electronic records are as effective as paper records. You agree
to perform all transactions electronically when such transactions
are available for electronic transaction and to electronically sign
all electronically signable documents where a handwritten
signature(s) would have been required. All electronic records,
electronically signed documents, and facsimiles will be considered
originals. You agree to receive communications from Door In Real
Estate, either by e-mail, facsimile, or by notices posted on the
Site. You agree that any requirement that a notice, disclosure,
agreement, or other communication be sent to you by Door In Real
Estate in writing is satisfied by such electronic communication.
GOVERNING
LAW; VENUE; ATTORNEYS FEES; COSTS
These Terms and Conditions of Use
shall be governed by and construed in accordance with the laws of
the State of Florida, without giving effect to the principles of
conflicts of law thereof. Agreed upon venue for any litigation or
other legal proceeding, to the extent permitted by law, shall be
Broward County, Florida. In
any litigation or other legal proceeding, including breach,
enforcement or interpretation, arising out of these Terms and
Conditions of Use or your use of the Site, the prevailing party in
such litigation or proceeding shall be entitled to recover from the
non-prevailing party reasonable attorney’s fees, costs and expenses
throughout all negotiations, proceedings, trials and appeals.
PROVISIONS
SEVERABLE
If any provision of these Terms and
Conditions, or the application thereof to any person or circumstance
shall, for any reason or to any extent, be invalid or unenforceable,
the remainder of these Terms and Conditions and the application of
such provision to other persons or circumstances shall not be
affected thereby, but rather shall remain in full force and effect,
and be construed and enforced to the greatest extent permitted by
law as if such invalid or unenforceable provision(s) were omitted.
DISCLAIMER
OF WARRANTIES
You acknowledges that Door In Real
Estate makes no representations, warranties, covenants or other
claims of any kind with respect to any information acquired through
use of this Site and no responsibility or liability is accepted by
Door In Real Estate as to the accuracy or completeness at any time
of any information relating to this Site, whether or not expressly
provided in these Terms and Conditions. DOOR IN REAL ESTATE
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OR USE. IN NO EVENT SHALL DOOR IN REAL ESTATE BE LIABLE
FOR ANY LIABILITIES, COSTS, LOSSES, EXPENSES OR DAMAGES, WHETHER
PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING
DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS OR THE
ACQUISITION OF ANY PROPERTY, WHETHER BASED UPON WARRANTY, TERMS AND
CONDITIONS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. You hereby
indemnify and hold harmless Door In Real Estate for any and all
liabilities, costs, losses, expenses or damages suffered by Door In
Real Estate directly or indirectly as a result of, or otherwise in
connection with, any real property, this Site, or these Terms and
Conditions.
TRANSACTION BROKER NOTICE
As a transaction broker, Door In Real
Estate and
its associates, provides to you a limited form of representation
that includes the following duties:
-
Dealing honestly and fairly;
-
Accounting for all funds;
-
Using skill, care, and diligence
in the transaction;
-
Disclosing all known facts that
materially affect the value of residential real property and are
not readily observable to the buyer;
-
Presenting all offers and
counteroffers in a timely manner, unless a party has previously
directed the licensee otherwise in writing;
-
Limited confidentiality, unless
waived in writing by a party. This limited confidentiality will
prevent disclosure that the seller will accept a price less than
the asking or listed price, that the buyer will pay a price
greater than the price submitted in a written offer, of the
motivation of any party for selling or buying property, that a
seller or buyer will agree to financing terms other than those
offered, or of any other information requested by a party to
remain confidential; and
-
Any additional duties that are
entered into by this or by separate written agreement.
Limited
representation means that a buyer or seller is not responsible
for the acts of the licensee. Additionally, parties are giving
up their rights to the undivided loyalty of the licensee. This
aspect of limited representation allows a licensee to facilitate
a real estate transaction by assisting both the buyer and the
seller, but a licensee will not work to represent one party to
the detriment of the other party when acting as a transaction
broker to both parties. |
