Terms of Use
Brokerless, inc. provides this internet web site and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms “we”, “us”, or “our” refer to Brokerless, Inc. “You” refers to all users of the web site. “Sellers” refers to users who list their properties for sale using the web site.
1. Modifications To Terms Of Use:
Brokerless, Inc. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. If you object to any such modifications and/or changes, your sole recourse shall be to cease using the services. Continued use of the services following notice of any such modifications and/or changes shall indicate your acknowledgement of such modifications and/or changes and agreement to be bound by these Terms of Use as modified, altered, or updated, without limitation or qualification.
2. Modifications to Content:
Brokerless, Inc. reserves the right to modify, alter, or otherwise update any Content information of the Web site at any time for any reason, without limitation or qualification. If you object to any such modifications and/or changes, your sole recourse shall be to cease using the services. Continued use of the services following any such modifications and/or changes shall indicate your acknowledgement of such modifications and/or changes and satisfaction with the services as modified and/or changed.
3. Electronic Records:
(a) In order to increase efficiency, we may deliver Documents to you electronically. The following consent authorizes us to provide to you in electronic form the following categories of Documents: (i) agreements or authorizations for the listing of any real property, (ii) legally required disclosures, (iii) Documents related to the sale, purchase, financing, appraisal, valuation, marketing or advertising of real property; (iv) Documents related to any MLS listing; and (v) Documents related to this Site or our services.
(b) The hardware and software requirements for access to and retention of the electronic records are: a personal computer, a web browser, internet access, and Adobe PDF software. (c) You consent to us providing to you in electronic form, during the course of our relationship with you, any and all Documents in the categories specified in Section 3(a). (d) Without limitation of the foregoing, you agree that: (i) if we provide any Document to you in electronic form, it will be treated for all purposes as if we delivered to you an original of the Document in paper form; (ii) if we send an email to an email address for you as then reflected in our records, which email has an electronic copy of a Document attached to it (or has a link to an electronic copy of a Document or to a page from which such electronic copy is available), such email will be treated for all purposes as if we delivered an original of the Document in paper form to you at the time the email was sent; (iii) your electronic signature of any Document will be binding and will be treated for all purposes as if you physically signed such Document; and (iv) you will notify us immediately if you are unable to print or store any Document in electronic form that we provide to you.
4. Linked Internet Sites:
In the course of our business, we offer external links to other websites. We do not assume any responsibility for those sites or their privacy policies as those sites are maintained and operated by third parties. If you desire to link to any other site, you do so at your own risk and may rely only on their terms, conditions and privacy policies. The inclusion of any link might, or might not, imply a recommendation or endorsement by Brokerless, Inc.
5. Your Responsibilities:
In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account number or password, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services.
6. TERMINATION:
You agree that Brokerless, in its sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately delete or deactivate your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.
7. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE Brokerless, Inc. WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE AND UNDERSTAND THAT ANY INFORMATION AND/OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
8. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Brokerless, Inc. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
9. EXCLUSIONS AND LIMITATIONS:
Some jurisdictions do not allow the exclusion of certain warranties and/or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
10. DISPUTE RESOLUTION:
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Brokerless, Inc., or to any acts or omissions for which you may contend Brokerless, Inc. is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration, unless otherwise provided by Brokerless. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Miami-Dade County, Florida. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Brokerless. In any arbitration, the party instituting the action will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Miami-Dade County, Florida. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND BROKERLESS, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Brokerless, Inc.’s goods and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Brokerless, Inc., the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami-Dade County, Florida. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
11. VIOLATIONS OF TERMS OF USE:
Brokerless, Inc. reserves the right, in its sole discretion, to seek all remedies available at law and/or in equity for violations of these Terms of Use and/or Conditions set forth in the Web site, including the right to block access from a particular Internet address to the Web site. You agree that in the event the damages of a violation of these Terms of Use and/or Conditions are difficult to ascertain, Brokerless, Inc. shall be entitled to a reasonable amount of compensation as liquidated damages for each violation thereof, in addition to the right to block your access to the Web site and to seek injunctive relief.
See also: Privacy
