Terms and Conditions
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TERMS AND CONDITIONS
Last updated October 19, 2023
AGREEMENT TO OUR LEGAL TERMS
We are HOME SOLD REALTY LLC (“Company,” “we,” “us,” “our“), a company registered in Florida, United States at 4614 CANAL DRIVE, LAKE WORTH, FL 33463.
We operate the websites https://floridaflatfeehomes.com, https://floridaflatfeelistings.com, https://flatfeerent.com/, https://floridaflatfeerentals.com, https://floridasellbyowner.com, https://FlatFeeRent.com (the “Site,””Sites,” “Site(s)), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
These Legal Terms constitute a legally binding agreement made between you (“Owner”, “Owner’s representative,” “member(s)”, “customer(s)”,”user(s)”) whether personally or on behalf of an entity (“you“), and HOME SOLD REALTY LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
“The Sites” are websites that provides marketing services for Owners of Real Estate who want to sell or rent their properties by listing them on any or all of the sites and on the multiple listing service (“MLS”). It is also a place for prospective buyers and tenants to search, find, purchase or lease, such real estate. Your listing will be marketed on the site(s) of your choice as well on the MLS, which is optional, yet highly recommended. In order to list Real Estate in the MLS, it is required that a brokerage holds the listing. Home Sold Realty, LLC, is the licensed and authorized Florida brokerage in charge of listing these properties that sign up through the sites. Home Sold Realty LLC brokerage is a member of the National Association of Realtors, Florida Board of Realtors, and local board(s) of Realtors, designated to provide the MLS listing service to the Real Estate owner.
Services: Any and all of The Sites provides various marketing services. These include marketing your listing online in the site(s), advertising the ability to utilize the MLS through Home Sold Realty LLC, and also creates the knowledge of additional services related to the Real Estate transaction; such as title services through affiliated business with Bell Land Title, LLC. In addition to its marketing services, The Site(s) has products available for purchase. These include physical products as well as services.(see ADDITIONAL SERVICES section). The mere availability of the MLS Service is not a solicitation by Home Sold Realty LLC and/or “The Site(s)” to become a listing broker.
Types of Properties: Home Sold realty LLC is a Real Estate licensed brokerage that can assist real Estate owners to sell or rent their properties. We don’t deal with Mobile Homes that don’t own the land since these type of properties are consider personal property.
MLS Rules and Regulations A Realtor®, by definition, is a licensed agent who is a paying member of a local, state, and national board and to gain access to the MLS, the agent must pay MLS access fees. The public (non-licensed people) cannot gain access to the MLS system to list properties. It is the board who sets the rules and regulations for listing compliance, including but not limited to: how information is displayed in the MLS, rules about photos, and status info (active, pending and sold), as well as what can or cannot be said in a property description. Fines may be assessed, and access can be denied to the Broker for violating MLS board rules. Therefore, we follow a strict policy when it comes to the management of our listings in the MLS. Your cooperation is required whenever requested by our MLS compliance department or Broker. By using Home Sold Realty LLC’s MLS services, you agree to be bound by the rules and regulations of the applicable MLS.
Listing Ownership Home Sold Realty, LLC, is a real estate listing brokerage, backed by Broker/Realtor®, Camilo De La Cruz Perez. To list your property in the MLS, you must go through a Realtor®. If you list your property with our company, Camilo De La Cruz Perez will be your default broker of record and technically the listing is “owned” by Camilo De La Cruz Perez just as all listings in the MLS are “owned” by one or another agent. In the MLS agent report, you will see “Camilo De La Cruz Perez/Home Sold Realty, LLC” as the “listing agent”.
Ownership Verification – The Owner warrants that: (1) The Owner is the owner of the Property and/or authorized by the owner in writing BY POWER OF ATTORNEY to execute this listing agreement and to list the property in The MLS on his(her) behalf; (2) no other persons or entities have title to the Property; and (3) Owner has the authority to both execute this Agreement and to Sell (and/or lease) the Property. The Broker may ask, at any time, for evidence of ownership and/or written authorization and may cancel the listing agreement if such is not provided within 24 hours of the request. NO REFUND will be issued if canceled under this paragraph.
The customer must be able to provide proof of ownership at the moment of signing the Listing Agreement by uploading to the DocuSign a valid photo ID of the owner of record, If the property is under the name of an entity such as a Corporation or LLC, provide articles of incorporation and photo ID of the authorized signer for the entity. if the owner of record is deceased and If the property was owned by more than one person as joint tenants with right of survivorship provide: Valid death certificate, Trust with the trustee photo ID, probated will. If the property is under a Trust, provide the trust, trustee photo ID.
Compensation
– The Customer offers a co-brokerage compensation (commission offered to Buyer’s or Tenant’s agent) (amount provided to The Broker- in the Listing Information Form *compensation offered to cooperating broker/buyer’s agent and in the PROPERTY INFORMATION PAGE of this agreement, the minimum compensation to buyer’s agent/Cooperating broker our system allows is 1%, and $500 for tenant agents) and will pay such amount to buyer’s agent at closing (or to tenant’s agent at lease inception – or move-in). The Customer holds harmless and indemnifies The Broker from any and all potential liability and legal actions (including complaints to the Association of Realtors or the MLS) against The Broker that arises from the Customer’s non-payment of offered commission.
How contact information is displayed for your listing: –The site(s) Owner and/or Owner’s representative have the option to display the following contact information in their Dashboard Profile within All and any of “the Sites”: name, phone number, email address, Skype username, social media profiles, website URL, and headshot. this information will also be displayed in the Property Listing if the Owner and/or owner’s representative choose to provide this information in their profile. If the Owner and/or Owner’s representative choose to fill their profile with all, or part of, of the above mentioned contact information, Owner and/or Owner’s representative AUTHORIZE Home Sold Realty LLC and “the Site(s)” to display this information in the websites property listing pages. The Sites and Home Sold realty LLC or any of its employees and/or affiliates are NOT RESPONSIBLE for how other parties such as the general public, Brokerages, real estate agents, MLS members, or any other party with access to the websites and the information contained in the listing, handle your contact information and/or use it for contacting you with the purpose of solicitation, or any other purpose.
MLS: Broker’s name and contact info is shown on the listing by default. Seller(s) and/or Landlord contact info (name, phone #, and email address) will be listed in the Realtor/Broker private remarks section in the MLS listing where allowed, and on the Appointment schedule system SHOWINGTIME. *NOTE: Some MLS systems do not allow this. this is based on MLS rules. By providing Home Sold realty LLC and any of The sites your contact information in their profile, the seller(s) and/or Landlord, authorize Home Sold Realty LLC to display their contact information (name, phone #, and email address) on the Realtor/Broker private remarks section in the MLS listing where allowed, as well as on the Appointment schedule system SHOWINGTIME.
Home Sold realty LLC, the sites, or any of its employees and/or affiliates are NOT RESPONSIBLE for how other parties such as Brokerages, real estate agents, MLS members, or any other party with access to the MLS and the information contained in the listing private or public remarks handle your contact information and/or use it for contacting you with the purpose of solicitation or any other purpose.
Third party sites: Owner contact name or any reference to the words “seller, owner, owner’s representative, landlord” are not permitted in any of the following sites, realtor.com or Homes.com. Broker’s name and contact info will be shown on the listing by default. These listings populate directly from the MLS and therefore, Broker’s name and contact info will be shown on the listing by default. Other 3rd party real estate listing sites like Zillow, Trulia, Redfin, and all “IDX feed” in These sites, the listings populate directly from the MLS and therefore, Broker’s name and contact info will be shown on the listing by default.
How communications are handled: Brokers and real estate agents will have access to your contact information name, phone number, and email address provided by you, in the broker/Realtor remarks section of the MLS listing report, and/or if available in the showing assistance system SHOWINGTIME. They will contact you directly to set up showings, ask questions about your property, send offers, or any other inquiries they have about your property. In the event a Broker or real estate agent contacts us instead of you directly, we will direct them to you immediately by telling them to view your information in the respective section of the listing report, and/or providing your information from our records. We will also send you a notification via email with the broker or agent contact information they provide.
General public leads: As explained above, the general public will be able to see your contact information in the site(s) specifically in your Property Listing page, and they can if they choose to, contact you directly by the means you provided and agreed on and through the message widget available in the property listing site These inquiries will come directly to your dashboard/inbox that we suggest you check regularly. Leads that comes to us through the MLS, third party sites, IDX feed sites, and other media where your contact information is not allowed to be displayed, will be forwarded to you immediately via email with the subject NEW LEAD and the information they choose to provide to us. We do not share your information with the general public leads unless you authorize us in writing to do so. If you purchase a yard sign from us, you can instruct us to display your phone number on it, but you can also instead, choose to have our company phone number on it and we will forward the leads to you as described above.
Your listing on third party listing sites Listings are displayed to the public via many 3rd party sites that are fed from the MLS and are visible to the public. We set your listing on the MLS to feed all the third party sites available on each MLS system and always select the option to feed all possible sites through IDX. This means that other Brokers and Realtors who have a website or are part of a company that gives them a profile on their website, will receive the information from your listing and it will be available for display on each of their sites or profiles if they use IDX. While we understand the importance of additional posts on third-party websites such as Zillow, Realtor.com, Trulia, Homes.com and other real estate company “IDX feed” sites, etc., the Broker does not own, maintain, or warrant these sites to be accurate or timely with their posts or updates. If an issue is reported by Member to Broker, our administrators will initiate a trouble ticket upon notification by Member for sites that we have paying membership in. These include Realtor.com and Homes.com. We will make reasonable efforts to resolve issues but do not have control over 3rd party IDX/MLS sites or agent sites. We also have no control over Zillow Group (Zillow/Trulia). We will make sure that our MLS system is set up in a way that these sites receive the correct information with the understanding and acknowledgment by members that Broker and staff have no ownership or direct control of these sites and cannot guarantee their accuracy. Member also acknowledges that 3rd party sites do not update price or other changes in real time. These changes may take up to 72 hours and Member agrees to allot this time before reporting issues.
Property Valuation sites Third Party Tax Appraiser Sites, Zillows Zestimates, and Other Opinions of Value. We, Broker and staff have no control over any third-party sites that express opinions of value such as County Tax Appraiser sites, Zillow’s “Zestimates”, and other sites on the Internet, nor will broker entertain any suggestions to make alterations to these sites.
Additional Items and Services For any ADDITIONAL ITEM OR SERVICE available for free or purchased through The Site(s) the customer acknowledges and agrees to:
– For photo packages: we use different vendors to provide these services to the customer who purchases them through our website. When any of our vendors go to your property or contact you to perform the service, they are limited to ONLY PERFORM THE SERVICE YOU PAID for at floridaflatfeehomes.com to arrange. If the customer wants any additional service from the vendor, the customer must arrange directly with the vendor and pay them for the additional service. Floridaflatfeehomes.com, Home Sold Realty LLC, the broker, and/or anyone affiliated with the company is not responsible for arrangements and/or payments on additional services to the vendor(s). NOTE: We will send the customer a HOME PREPARATION SHEET with instructions and suggestions of how to prepare your property for photos. The customer is responsible for the preparation and/or staging of the property which is going to show in the photos and will influence the appearance therefore the look of the property when displayed online. Our vendors are professional photographers and may give you suggestions on minor staging tips that might improve the look of your property, but they are not responsible for things like: lack of light, lack of organization, objects obstructing, pets out of control, property damage, vehicles obstructing, and other factors that are the property owner or owner representative’s responsibility. if the weather is bad the photo session can be rescheduled for a different time. If the customer arrange directly with the photographer or photography company for any digital enhancements or digital staging of the property, a) this arrangement is not part of the package the customer bought from us since we do not offer photo enhancement options in our packages, hence the customer should pay the photographer directly and not pursue us for any additional cost. b) The customer should disclose to us so we can disclose on our website and MLS of any digital enhancement done on each and specific photos where the enhancement was done. c) if the customer fails to disclose any enhancement as mentioned above, and we receive a FINE from the MLS or board of realtors, or any complaint from the public, broker, agents, government , or anyone affected by the nondisclosure of such enhancement, the customer is FULLY RESPONSIBLE for paying such fine, responding to any claim, and to keep us harmless and not liable for any law suit.
- For physical items (yard signs, lockboxes): these items will be shipped to you at no additional cost; allow 5-10 days for delivery. If any of the physical items are defective the customer must send us a notice and we will arrange for the return of the item(s). A new item(s) will be sent to the customer at no additional cost.
- Digital products (Facebook boost): We will create a Facebook ad and boost it on our Facebook page for 5 days. The boost is limited to a radius of 50 miles of the location of the property listed for sale or rent.
- Broker Consultation: This service is provided directly from the broker of record for Home Sold Realty LLC, Camilo de la Cruz Perez who is a licensed real estate broker in the state of Florida. When you purchase e Broker Consultation you will be able to schedule a meeting via phone or Zoom, for the duration 15 minutes. At least 12 hours before that meeting, you will send the broker, via email, all your questions or concerns about a transaction, offer(s), listings, market, along with any documents pertaining the consultation. Besides the 15 minute live interaction, the broker will send you a report via email with topics discussed, and suggestions. DISCLAIMER: THE BROKER IS NOT ALLOWED TO PROVIDE LEGAL ADVISE OF ANY KIND AND IF ASKED WILL REFUSE TO PROVID IT AND STRONGLY SUGGEST YOU TO LOOK FOR LEGAL ADVISE THROUGH AN ATTORNEY. ONLY ATTORNEYS CAN PROVIDE LEGAL ADVISE.
- Closing Assistance Services*: Closing Assistance Services are provided by Bell Land Title, LLC our affiliated Title Agency which has its own closing fees that are not included in the cost of the packages. These costs include title policy insurance with state promulgated rates as follows Title Insurance Policy: $5.75 for each $1,000.00 if the sales price or amount borrowed, for the first $100,000.00; $5.00 for each $1,000.00of additional amount over $100,000.00, but less than $1,000,000.00; and $2.50 per $1,000.00 for amounts between $1,000,000.00 and $5,000,000.00, plus $100.00. A Lender’s title insurance policy may be issued simultaneously with an owner’s policy for $595.00. Endorsements to the Lender’s policy are $100.00 per endorsement. The Florida Form 9 Endorsement is 20% of the policy premium amount. Settlement/Closing Fee: Seller & Buyer – Not to exceed $975.00 per side. Title Search: Not to exceed $250.00. These fees may change without notice and Home Sold Realty LLC, is not responsible for discrepancies between the information provided in this terms and conditions, or any of the websites managed by the company, or information found elsewhere related to the company. Owner and/or Owner’s representative is solely responsible for the research and negotiation of these fees with the provider.
- Tenant Screening Services: Our rental package includes for FREE to the owner/owner’s representative applications from prospective tenants that include: credit and background check, income verification, history of eviction, foreclosure, and references. by purchasing the RENTAL package, The Owner and/or Owner representative authorized HOME SOLD REALTY LLC to perform these tenant screening. The company performs the screenings by providing the prospective tenants an online application through a company portal and third party companies portals that specialize in these type of research. The owner and/or owner representative understands and agree that HOME SOLD REALTY LLC charges the prospective tenants a fee for these applications and that the owner and/or owner representative will not pay any portion of this fee to the company, neither will they receive any portion of these fees.
- Documents and Forms: In some of the sites we provide blank Documents and Forms related to Real Estate transactions such as contracts, addenda, agreements, disclosures, and other, that the customer can download from the site(s). If the customer doesn’t have the ability to retrieve or download the forms from any of the sites, Home Sold Realty LLC’s broker, or staff as a courtesy to the customer will send the requested form via email to the customer. These forms are not intended to be legal advice and should not be treated as such. These forms are provided without any representations or warranties, express or implied, and no representation is made as to their validity, accuracy or completeness. Users are encouraged to retain an attorney or other legal professional to provide professional advice. If the customer doesn’t have the ability to retrieve or download the forms from any of the sites, home Sold Realty LLC’s broker, or staff as a courtesy to the customer will send the required form via email to the customer.
- Third-Party Services: Customers may be provided with third-party links of real estate attorneys, title companies, surveyors, mortgage companies, trade professionals, moving companies and other service providers. The company, and The site(s) provides these links only as a convenience to its Users, and the provision of such third-party names or links is neither an endorsement nor a recommendation. The company, and The site(s) is not responsible or liable for the quality of any of the services rendered by the third-party providers.
REFUND POLICY
IN THE EVENT THE SELLER OR LANDLORD DECIDES TO CANCEL THE ORDER ON ANY OF THE LISTING PACKAGES A REFUND OF THE PAID AMOUNT MINUS $25 CANCELATION FEE WILL BE ISSUED IF THE SELLER GIVES NOTICE 2 HOURS BEFORE THE LISTING IS INPUT INTO THE MLS. NOTICE MUST BE IN THE FORM OF AN EMAIL TO info@floridaflatfeehomes.com and/or homesoldrealty@gmail.com. ONCE THE LISTING IS ENTERED INTO THE MLS, THERE ARE NO REFUNDS. REFUNDS MUST BE REQUESTED WITHIN 2 HOURS OF PAYMENT AFTER THE 2 HOUR PERIOD THERE ARE NO REFUNDS.
ATTENTION, To maintain our standard of SAME DAY LISTING NPOST We begin the MLS listing input immediately after the customer makes a payment. ***IF THE CUSTOMER IS NOT THE OWNER OF RECORD OF THE PROPERTY INTENDED TO BE LISTED AND CANNOT PROVIDE PROOF OF OWNERSHIP THERE IS NO REFUND***
The $25 cancelation fee covers what we are charged by the credit card company and/or payment portal. We are charged when a client places an order and we are charged again when we have to enter a refund.
After your listing is entered into the MLS, we unfortunately cannot issue a refund. The service you paid for is considered provided once your listing is input into the MLS. However, if you wish to cancel your listing while it is Active, that is not a problem and you will not be charged any additional fee.
If your listing is Active and you decide to take your property out of the market you have two options:
- Cancel the listing: we will change the status to canceled on the MLS and our site. If you wish to reactivate your listing after canceled you will have to select and pay for another package.
- Temporarily off market: we will change the status to Temp off Market on the MLS and our website. If you wish to reactivate your listing you can do so without any cost WITHIN THE TIME STATED IN THE ORIGINAL AGREEMENT which is the duration of the package you selected originally. The Temp off Market status DOES NOT FREEZE the time of the agreement.
ADDITIONAL ITEMS:
For photo packages, AFTER AN ORDER HAVE BEEN PLACED THE FEE FOR ANY OF THE PHOTO PACKAGES MINUS THE $25 CANCELATION FEE IS REFUNDABLE ONLY IF SELLER(S) OR SELLER’S REPRESENTATIVE GIVE NOTICE TO floridaflatfeehomes.com and/or LISTING BROKER 48 HOURS BEFORE THE PHOTOS ARE TAKEN the notice must be sent via email to info@floridaflatfeehomes.com or homesoldrealty@gmail.com. After the Photos are taken we unfortunately cannot issue a refund. The service you paid for is considered provided.
For physical items (yard signs and lockboxes): these items will be shipped to you at no additional cost, allow 5-10 days for delivery. If any of the physical items are defective the customer must send us a notice with proof of damage or defect (photo or video) and we will arrange for the return of the item(s). A new item(s) will be sent to the customer at no additional cost.
THERE ARE NO RETURNS OR REFUNDS ON ITEMS THAT ARE IN GOOD CONDITION AND HAVE BEEN SHIPPED TO THE CUSTOMER.
AFTER AN ORDER HAVE BEEN PLACED THE FEE FOR ANY OF THE PHYSICAL ITEMS YARD SIGNS OR LOCKBOXES MINUS THE $25 CANCELATION FEE IS REFUNDABLE ONLY IF SELLER(S) OR SELLER’S REPRESENTATIVE GIVE NOTICE TO floridaflatfeehomes.com and/or LISTING BROKER 48 HOURS BEFORE THE ITEMS HAVE BEEN SHIPPED the notice must be sent via email to info@floridaflatfeehomes.com or homesoldrealty@gmail.com
Digital products, AFTER AN ORDER HAVE BEEN PLACED THE FEE FOR THE FACEBOOK BOOST MINUS THE $25 CANCELATION FEE IS REFUNDABLE ONLY IF SELLER(S) OR SELLER’S REPRESENTATIVE GIVE NOTICE TO floridaflatfeehomes.com and/or LISTING BROKER 24 HOURS BEFORE THE BOOST IS IMPUT INTO THE FACEBOOK ADDS SYSTEM, the notice must be sent via email to info@floridaflatfeehomes.com or homesoldrealty@gmail.com. After the add is input we unfortunately cannot issue a refund. The service you paid for is considered provided. However, if you wish to cancel your facebook boost add while it is Active, that is not a problem and you will not be charged any additional fee, just send us a notice via email with the request to cancel the facebook boost to info@floridaflatfeehomes.com or homesoldrealty@gmail.com.
COMMUNICATION AUTHORIZATION
“BY USING THE SERVICE AND CLICK-ACCEPTING THESE TERMS, YOU HEREBY GIVE HOME SOLD REALTY LLC, ANY AND ALL OF “THE SITES”, ITS SERVICE PROVIDERS, AND/OR AFFILIATE BUSINESSES, EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO HOME SOLD REALTY LLC, ANY AND ALL OF “THE SITES”, ITS SERVICE PROVIDERS, AND/OR AFFILIATE BUSINESSES, THE SERVICE, AND/OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, NOTIFICATIONS PERTAINING TO YOUR TRANSACTIONS OR REQUESTS, NEWSLETTERS, AND ADVERTISING, MARKETING, AND/OR PROMOTIONAL INFORMATION AND OFFERS. BY SUBMITTING A REQUEST OR INQUIRY FOR THIRD PARTY SERVICES, YOU HEREBY GIVE HOME SOLD REALTY LLC, ANY AND ALL OF “THE SITES”, ITS SERVICE PROVIDERS, AND/OR AFFILIATE BUSINESSES,, AND THE APPLICABLE THIRD PARTY, EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO HOME SOLD REALTY LLC, ANY AND ALL OF “THE SITES”, ITS SERVICE PROVIDERS, AND/OR AFFILIATE BUSINESSES, THE SERVICE, YOUR USE OF THE SERVICE, THE THIRD PARTY, AND THE THIRD PARTY SERVICES. BY USING THE SERVICE, CLICK-ACCEPTING THESE TERMS, OR SUBMITTING A REQUEST OR INQUIRY FOR THIRD PARTY SERVICES, YOU ARE ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS PROVISION ARE NOT A CONDITION OF YOUR REGISTRATION FOR, OR USE OF, THE SERVICE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED FOR THE CALL UNDER YOUR PHONE PLAN. YOU ACKNOWLEDGE AND AGREE THAT MESSAGE AND DATA RATES (FOR EXAMPLE, FROM YOUR NETWORK PROVIDER) MAY APPLY. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY BE BILLED TO YOU BY YOUR COMMUNICATIONS CARRIERS WHEN WE CONTACT YOU. “
CUSTOMER UNDERSTANDS AND ACKNOWLEDGE THAT “WE” OUR EMPLOYEES OR AFFILIATED PARTNERS MAY CONTACT YOU AFTER YOU SUBMIT INFO TO ASK FOR ADDITIONAL INFO. SOME MLS SYSTEMS IN DIFFERENT AREAS HAVE DIFFERENT REQUIREMENTS AND MAY NEED ADDITIONAL INFORMATION THAT ONLY YOU THE CUSTOMER CAN PROVIDE. THIS WILL NOT BE BASIS FOR CANCELATION OR REQUEST OF A REFUND.
Statements or claims:
Any statements or claims made on this website regarding the potential financial benefits that a homeowner may achieve through utilizing our services are based on theoretical scenarios, algorithm estimates, and predictions. These representations are not intended to be accurate for every situation and should be considered as examples only. The data regarding “savings” or “average savings” for a homeowner or buyer is based on our internal analysis of home sales and commission data, which may not be universally applicable. The purpose of these claims is to demonstrate the financial comparison between using The site(s) model and utilizing a traditional real estate agent model, as outlined on our websites. Homeowners and buyers should consult with their legal counsel to determine the potential savings that may be achieved through utilizing our services, as well as any legal implications of using a reduced-commission model. In some of the sites We provide Users with a mortgage calculator that estimates monthly mortgage payments, and other fees, based on certain criteria provided by the Owner and/or Buyer and based on the Property. The mortgage calculator is only meant to illustrate the approximate mortgage payments associated with a Property and is neither an accurate nor complete representation of the actual mortgage payments in connection with the Property.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANYTHING RELATED TO ANY AND ALL TRANSACTIONS INCLUDED BUT NOT LIMITED TO, TRANSFER OF GOODS SUCH AS MONEY OR ANY OTHER VALUABLES VIA WIRE TRANSFER, OR PHYSICAL MEANS. WE ARE NOT LIABLE FOR ANY LOSES YOU MAY INCUR.
SITE VISITORS (UNREGISTERED)
FOR REAL ESTATE AGENTS, BROKERS, TITLE AGENTS OR AGENCIES, ATTORNEYS, OTHER PROFESSIONS INVOLVED OR NOT INTO THE REAL ESTATE INDUSTRY. YOU ARE NOT AUTHORIZED TO USE THE INFORMATION ON THE SITE(S) TO SOLICIT FOR BUSINESS ANY OF THE REGISTERED USERS.
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE NOTICE
The following information is provided to you in compliance with the disclosure requirements of Title 24 of the Code of Federal Regulations, Section 3500.15.
This disclosure is provided as written notice that there is a business relationship between and among the following businesses: HOME SOLD REALTY LLC and:
BELL LAND TITLE, LLC. The nature of these business relationships is that of an “affiliated service.” Because of this affiliated relationship, either or all parties may derive a financial or other benefit from this association.
You, as the seller or purchaser, are not required to use the affiliated businesses as any condition for the purchase, sale, or refinance of the subject property. There are frequently other service providers available with similar services. you are free to shop around to determine that you are receiving the best services and the best rates for these services.
ACKNOWLEDGEMENT
I/We have read this disclosure form, and understand that HOME SOLD REALTY LLC or the affiliates identified in this notice may receive a financial or other benefit as the result of a business referral. I further understand I am not required to use these affiliate services and that HOME SOLD REALTY LLC is not responsible in any way for the performance of such.
You can contact us by phone at 561-574-2603, email at homesoldrealty@gmail.com, or by mail to 4614 CANAL DRIVE, LAKE WORTH, FL 33463, United States.
These Legal Terms constitute a legally binding agreement made between you (“Owner”, “Owner representative,” “member(s)”, “customer(s)”,”user(s)”) whether personally or on behalf of an entity (“you“), and HOME SOLD REALTY LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN/REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SOCIAL MEDIA
13. THIRD-PARTY WEBSITES AND CONTENT
14. SERVICES MANAGEMENT
15. PRIVACY POLICY
16. COPYRIGHT INFRINGEMENTS
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US
1. OUR SERVICES
The information provided when using the Services 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services 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.
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2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
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download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: homesoldrealty@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above- mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– American Express – Discover
– PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Services prior to making any purchases.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorized use of the 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.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
Solicit other users to use services or buy products outside the website
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, 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 us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non- proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do 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.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, 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, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This 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, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality
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of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third- Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us 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 and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we 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 Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information 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 Services. Please note that if a Third-Party Account or associated service becomes unavailable or our 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 Services. You will have the ability to disable the connection between your account on the Services 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. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) 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 (“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 Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, 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 Services 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 these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third- Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://floridaflatfeelistings.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States, Netherlands, United Kingdom, Germany, Australia and Singapore. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, Netherlands, United Kingdom, Germany, Australia and Singapore, then through your continued use of the Services, you are transferring your data to the United States, Netherlands, United Kingdom, Germany, Australia and Singapore, and you expressly consent to have your data transferred to and processed in the United States, Netherlands, United Kingdom, Germany, Australia and Singapore.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). 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 applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
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YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend 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, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
20. DISPUTE RESOLUTION Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT 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. 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. 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 either 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 Palm Beach, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration,
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stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Palm Beach, Florida, and the Parties 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 and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision 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 the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision 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 the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 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.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $200.00
USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, 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: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We 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.
25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms 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 us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
HOME SOLD REALTY LLC 4614 CANAL DRIVE
LAKE WORTH, FL 33463 United States
Phone: 561-574-2603