Terms

Terms and Conditions of Use and Privacy

                A.)  Terms of Service (terms of use TOU)

FEES. Though our listings are free on the site, if you make a paid posting (to be announced), you authorize us to charge your account. Any tax is

additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting though no fees are rendered outside FARBAR  POS compensation upon sale of authorized properties.

This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Gary Dematos, Licensed  Real Estate Agent of Florida USA principle owner of Floridafixerupper.com and any of his affiliated companies (collectively, “FLFU,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.

By “Services,” we mean all the products and services owned and operated by FLFU, including the content, features, data, and software made available through www.floridafixerupper.com (the “Web Site”), our mobile applications, and other websites or applications we operate.

Please review this Agreement carefully.  By accessing and using our Services, you agree to all the terms and conditions of this Agreement.  Please be sure to also review our Privacy Policy, which is incorporated into the text to follow and made a part of this Agreement.

This Agreement to List contains warranty and liability disclaimers.

We may modify this Agreement from time to time and will post the amended agreement at www.floridafixerupper.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted. In the event any portion of the Terms are duplicated or otherwise rephrased the presumption is that the additional text is complementary not contrary.             
These Terms of Service (“TOU or TERMS”) constitute a legally binding agreement (“Agreement”) between you and FLFU (as defined below) governing your access to and use of the FLFU website, including any subdomains thereof, and any other websites through which FLFU makes the Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “Site.”

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, you agree to comply with and be bound by these Terms.               

Please note: of these Terms of Service contains an arbitration clause and class action waiver that applies to any and all visitors or users of the Site (collectively “Users”). If you reside in the United States, this provision applies to all disputes with FLFU. If you reside outside of the United States, this provision applies to any action you bring against FLFU in the United States. It affects how disputes with FLFU are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE FLFU, “We”, “Us”, “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

Using Our Services

WELCOME TO Floridafixerupper.com. We (FLFU) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile view, or any associated content/postings (are FLFU), you agree to these Terms of Use (“TOU”) (last updated December 2022). You acknowledge and agree FLFUis a private site owned and operated by Gary Dematos, Realtor. If you are accessing or using FLFU on behalf of a business, you represent and warrant to FLFU that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use FLFU. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use FLFU. Our privacy policy (www.floridafixerupper.com/terms), prohibited list (www.floridafixerupper.com/terms), and all other policies, site rules, and agreements referenced below or on FLFU, are fully incorporated into this TOU, and you agree to them as well.

General Requirements – Eligibility, Using the Site, User Verification             

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Site or register a FLFU account. By accessing or using the Site you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

An agreement will be emailed to you and when you therefore fill in your corresponding blanks, in the link attached and are confirmed therein, your listing may become approved and made live.

FLFU may make the access to and use of the Site, or certain areas or features of the Site and/or FLFU’s products and Services, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.      

 FLFU is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We aim to comply with all applicable standards. If you experience any difficulty in accessing any part of this website, please feel free to call us at 727-280-6329 or to email us at dematosg@gmail.com. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).

By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.

Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not meet these criteria, you agree to immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time. Sellers of foreign nationalities are subject to a 15% held back from sale net sale of property to cover appropriate taxes and or duties.

Registered Users (Known as Sellers or Buyers and all legal representation listing or buying)

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between FLFU, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FLFU. 

Terms & Conditions Accessibility Statement DMCA Notice Fair Housing Pledge

Real estate agents affiliated with Charles Rutenberg Realty Inc. (CRR) are independent contractor sales associates and are not employees of Charles Rutenberg Realty, my brokerage of choice 2022 All Rights Reserved. Charles Rutenberg Realty and the Charles Rutenberg Realty logos are trademarks of Charles Rutenberg Realty System. The CRR System fully supports the principles of the Fair Housing Act and the Equal Opportunity Act.

IMPORTANT INFORMATION ABOUT THE WEBSITE

THE INFORMATION WE PROVIDE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE. YOU SHOULD ALWAYS CONSULT PROFESSIONAL ADVISORS BEFORE MAKING REAL ESTATE DECISIONS. UNLESS OTHERWISE SET FORTH IN A WRITTEN DOCUMENT SIGNED BY GARY DEMATOS, REALTOR, FLORIDAFIXRUPPER.COM IS ACTING AS A PRINCIPAL ON ITS OWN BEHALF. IT IS REPRESENTING ITS OWN INTERESTS AND DOES NOT REPRESENT YOU IN ANY SALE TRANSACTION. ALL INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE ESTIMATED VALUE OF YOUR PROPERTY, IS FOR CONVENIENCE ONLY AND WITHOUT EXPRESS OR IMPLIED WARRANTY AS TO ITS ACCURACY OR VALIDITY. RELIANCE ON SUCH INFORMATION TO ENTER INTO ANY REAL ESTATE TRANSACTION IS SOLELY AT YOUR OWN RISK. WE RECOMMEND THAT YOU CONSULT RELIABLE, INDEPENDENT INFORMATION SOURCES TO PROVIDE YOU INFORMATION ON WHICH TO RELY. IF YOU HAVE ANY QUESTIONS IN THIS REGARD, YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.

 

 INTELLECTUAL PROPERTY RIGHTS & LICENSES

 

The Website, including any and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of FLFU. You agree not to remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.

Subject to your compliance with the Terms, FLFU grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of  FLFU

This foregoing license is subject to modification or revocation at any time at FLFU’s sole discretion.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FLFU or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

 

Your Photos and Information

 

By uploading photographs of your house (your “Photos”), you hereby grant FLFU a non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your Photos worldwide, in perpetuity, in any and all media, (i) to operate and improve the Website, and (ii) to market, promote, and advertise your house, the Website, and FLFU, in general.

You agree that this license includes the right for FLFU to make your Photos available to other companies, organizations and individuals who have a business relationship with FLFU (“partner”) for syndication, broadcast, distribution and publication on other websites and services. Such additional uses by FLFU, and by the companies, organizations and individuals who partner with us, will not require the payment of any money or other compensation to you.

You acknowledge and agree that we may reformat, modify or adapt your Photos in order to transmit, display or distribute it and/or as are necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute post, publish and display your city, state and other relevant information about your house in connection with your Photos.

License

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use FLFU and be bound by the TOU, or (2) use FLFU on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use FLFU in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from FLFU, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

FLFU grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. FLFU reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited. You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

Copyrights, Trademarks and Other Intellectual Property

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with FLFU, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.

 

Content Management

 

FLFU may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Site (“User Content”); and (ii) access and view User Content and any content that FLFU itself makes available on or through the Site, including proprietary Content and any content licensed or authorized for use by or through FLFU from a third party (“Content” and together with User Content, “Collective Content”)               .

The Site, Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of FLFU and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of FLFU used on or in connection with the Site and Content are trademarks or registered trademarks of FLFU in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners        .

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms or in any other agreement entered into between you and FLFU. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FLFU or its licensors, except for the licenses and rights expressly granted in these Terms.      

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to your Photos, and that neither your Photos, nor our use of your Photos (or any portion thereof) on or through the Website or in connection with the rights granted will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.

You acknowledge and agree that you are solely responsible for your Photos and information about your house, and for any consequences of the use of your Photos by our third-party partners. You understand that our Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit your Photos for such use, it may subject you to liability. FLFU will not be responsible or liable for any use of your Photos by FLFU or any third party in accordance with the Terms.

 

Feedback

 

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website You may submit Feedback by e-mailing us, at dematosg@gmail.com. You acknowledge and agree that any and all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of FLFU. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by FLFU or its affiliates for any purpose whatsoever, including developing, improving and/or marketing products. You hereby irrevocably transfer and assign to FLFU all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect FLFU’s rights in such improvements, enhancements and modifications.

The Site is an online platform, also referred to as the “FLFU”, which enables Users to research, discover, apply for, communicate regarding, and (if approved) obtain real estate transaction products or services, and related products and services, offered and/or provided by a wholly owned subsidiary, FLFU , which holds no real estate brokerage license in multiple states (“Florida Broker of choice”). A list of our real estate licenses and other regulatory information are available at Myflorida.com Department of Business and Professional Regulation DBPR.    

If you choose to use the Site as a User, your relationship with FLFU is limited to being an independent user, and not an employee, agent, joint venturer or partner of FLFU for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of FLFU.

The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. FLFU is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by FLFU of such Third-Party Services.

Due to the nature of the Internet, FLFU cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. FLFU may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. FLFU may improve, enhance and modify the Site and introduce new Services from time to time.

                B.) ABOUT THE TERMS (except where NAR or FARBAR prevail)

Website Rules, Offer Terms and PSI if you accept an offer, you will be asked to agree to a FARBAR purchase agreement (the “PSA”), which, once executed by the parties, will govern the sale of your house. The terms of the PSA may be subsequently amended to include differing or supplemental terms (the “Supplemental Terms”). If you choose to accept the Offer Terms and PSA (as amended by any Supplemental Terms) as they will be incorporated into and deemed as part of these TOU. In the event of a conflict between these TOU and any Offer Terms, and PSA (as amended by any Supplemental Terms), the PSA will govern and control.

PLEASE READ THESE TOU, OUR PRIVACY POLICY, WEBSITE RULES, OFFER TERMS, THE PSA AND ANY SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY AND BE SURE YOU UNDERSTAND THEM BEFORE YOU ACCEPT, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE CONDUCT OF ANY TRANSACTION(S). FOR EXAMPLE, THE TERMS INCLUDE:

• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

IF YOU HAVE ANY QUESTIONS REGARDING TERMS, YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.

If you are accepting or agreeing to the Terms on behalf of another person or on behalf of any company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that person or entity to the Terms.

Amendment of Terms

 

FLFU reserves the right, in its sole discretion, to amend our TOU, Website Rules and Privacy Policy, at any time and without prior notice. When we amend the TOU or Privacy Policy, we will update the “Last Updated” date at the top and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. If the modified terms are not acceptable to you, your only recourse is to stop using the Website and refrain from pursuing any further transactions with FLFU.. By continuing to use the Website after we have posted an updated version of the TOU or Privacy Policy or otherwise notified you of an update, you are affirming that you agree to be bound by the amended terms; provided that no such change shall alter or amend any pending PSA which has been agreed to and accepted in writing by both parties. This provision is subject to limitations in the “Dispute Resolution” section below.

No other modification, amendment, supplement of or to the Terms will be binding on FLFU unless it is in writing and signed by an authorized representative of FLFU.

International Users Login

 

The Website is operated within the United States and is not intended for use outside of the United States. If you access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

 

OFFERS & PURCHASE PROCESS – NAR Florida Licensed Realtor

 

Floridafixerupper.com is managed by Gary Dematos Realtor who becomes your procuring realtor in order to see your listing. This site will only extend to home sales in the State of Florida USA and subject to Florida Statutes.

 

 

1.)  Purchase Price, Credits, Costs and Fees

 

If we elect to make an offer for your property, the offer will identify the purchase price that we are willing to pay and the credits that will be deducted from that price at closing, as set forth in the offer.

Please note that we determine the offer price and credits by analyzing various data sources, including information provided by you. We reserve the right to change the price and/or credits if we discover that the condition of the house is not consistent with your description, or that the information provided by you is otherwise incomplete or inaccurate. Any such change will require your approval, but if you disapprove, FLFU may terminate the PSA.

FLFU makes no representations or warranties that the purchase price we offer will equal or exceed the fair market value or the price you would obtain by listing your house with another real estate agent. Also, while we attempt to keep our credits as close to the same percentages as you would typically pay at closing during a traditional real estate transaction, we make no representations or warranties regarding credits, including how our credits will compare to credits at a traditional closing.

Closing Costs, Taxes and Fees (Reference the FARBAR Contract recognized by FREC) listed on HUD document.

 

You will be responsible to pay any title search, title insurance and escrow fees, and any other additional closing costs, in a manner customary in the county where the property is located, as determined by the escrow company or closing attorney, as applicable. Examples of such costs include (but are not limited to) loan payoff costs, transfer taxes, recording fees, attorney fees, liens or judgments against your property, prorated homeowner association dues and/or property taxes due through the closing date. In addition, if you have an existing listing agreement with a real estate agent, you will be responsible for determining any amount due to your agent and deducting their commission from your net proceeds after you close. FLFU does not pay or accept commissions, except as disclosed in writing prior to your acceptance of the PSA that it is acting as a real estate broker in the sale and for whom it is acting as an agent in the transaction.

 

 

2.) Purchase Agreement (PSA)

 

Your closing date can be anywhere from 8 to 60 business days after your acceptance of the offer, and you can elect to move up to 3 days after the closing date. After you have selected closing and moving dates on the Offer Acceptance Page, you can receive your PSA via e-mail within approximately 24-hours. The e-mail will come from either DocuSign or Transaction Desk (perhaps Form Simplicity) third-party electronic signature technology providers, on behalf of FLFU. To be clear, the offer does not constitute the PSA or contain all of terms and conditions of the sale. You must accept the PSA in order to proceed with the sale.

After you have reviewed and accepted the terms of the PSA in the manner directed in the e-mail, FLFU will deposit the earnest money as more fully set forth in the Terms of the PSA. The escrow agent (Integrity Title & Guaranty Agency Inc.) the Title-other or closing attorney, as applicable, will then send you a receipt confirming the deposit, and we will contact you to schedule your home inspection.

We reserve the right to terminate the PSA during the inspection period set forth below in our sole discretion for any discoveries made during the inspection period including, but not limited to, the condition of the house being inconsistent with your description, or that the information provided by you is otherwise inaccurate.

3.) Inspection

 

The inspection period begins Friday, Saturday or Sunday after the contract has been signed by both parties and continues for the period set forth in the PSA, unless restricted by Florida Statute. The inspection will be conducted by a third party inspector. You must be home during the inspection, which typically takes less than 2 hours.

During the inspection period, FLFU may provide to you the list of items FLFU determines require repair and you will have the option, within the period set forth in the PSA, to elect to (a) have the items on the list repaired prior to closing (b) provide FLFU an additional credit against the purchase price (based on FLFU’s estimate of the cost to repair the identified items) or (c) decline to make any requested repairs or issue a credit. FLFU can then choose to cancel the contract or may determine that it still wants to move forward with the purchase of the home. If FLFU elects to cancel the contract, there is no penalty to either party.

If you elect to have the items repaired, all repairs must be made by a licensed contractor and all items must be brought into compliance with applicable building codes. You will be required to provide proof of the completion of the work, including the contractors’ name(s) and license number(s), before and after pictures, and receipts. Repairs must also be approved by FLFU during the final walk-through. Additionally, in some circumstances, the repairs required on a home may be significant and require substantial funds to complete or special expertise to manage. In these cases, rather than add unnecessary stress to our customers, we will offer the option of a credit only.

Whether you elect to have the items repaired or to provide FLFU a credit for their repair, you will be required to sign a repair credit addendum to the purchase agreement. Depending on the option that you have elected, the addendum will list the required repairs (and may provide certain additional detail, as necessary), or the credit to be provided.

 

4.) Walk-Through

One or 2 days prior to the closing date, FLFU will facilitate a final walk-through to verify that the required repairs have been adequately made, and that the property is otherwise still in the same condition it was during the inspection. If the walk-through reveals that required repairs have not been adequately completed or the property is not otherwise still in the same condition it was during the inspection, additional repairs may be required and the closing may be delayed.

 

5.) Closing

Closing will be scheduled for the date that you selected when you accepted our offer. If you subsequently need to change to your closing date, you must notify us in writing as soon as reasonably possible. We will accommodate change requests, when reasonably practicable to do so as determined by us in our sole discretion. You will receive a check for the purchase price (less any agreed upon credits and any applicable fees) at closing.

 

6.) Moving Out

You are responsible to leave the property in the same condition it was in during the walk-through. You are also required, as a general rule, to leave any built-in appliances and other fixtures (items that are attached in some way to the property) unless otherwise agreed in writing. These include (but are not limited to) your dishwasher, built-in microwave, stove, oven, cook-tops, ice machines, trash compactors, water softeners, built-in refrigerator, R/O systems, window treatments, central vacuum and central vacuum hoses, garage door openers and remotes, pool equipment, built-in BBQ’s, built-in fire pits, ceiling fans, light fixtures (including, but not limited to, chandeliers), pool fencing, pool cleaning systems, exterior landscape lighting and surround sound speakers.

Depending on the location of your property, there may be some appliances that you are entitled to take when you move. For example, as of the date of these TOU, you are entitled to take the following appliances in Florida: YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS TO ENSURE THAT YOU HAVE A CURRENT AND COMPLETE LIST.

You will be responsible for the cost to repair any damage caused after the walk-through and replace any appliances and other fixtures that you are not entitled to take.

We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete. You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at dematosg@gmail.com of any actual or suspected unauthorized use of your account.   

Subject to your compliance with these Terms, FLFU grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use.    

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Site, you grant to FLFU a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Site, in any media or platform. Unless you provide specific consent, FLFU does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your user content.

                C.)USER CONTENT GUIDELINES AND Limited Approvals             

You are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to FLFU the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or FLFU use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.           

You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other FLFU policy. FLFU may, without prior notice, remove or disable access to any User Content that FLFU finds to be in violation of these Terms, or otherwise may be harmful or objectionable to FLFU, its Users, third parties, or property.           

Use of the Services may require the use of certain third party products and services (“Third Party Services”). Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges. FLFU may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. FLFU is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.         

FLFU respects copyright law and expects its Users to do the same. If you believe that any content on the Site infringes copyrights you own, please promptly send us a notice of the copyright infringement to the address identified under F.) pg. 15 of these Terms. FLFU will review such notice and take those actions it deems appropriate in its sole and absolute discretion against validated infringers.

 

Trademarks, copyrights and restrictions

 

 This Web Site is controlled and operated by FLFU .All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Us or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Us. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. Without the prior written consent of Us or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the www.floridafixerupper.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to FLFU that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Us retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Us, except in the case of sites including the link to situs as provided by county tax  appraiser websites when attached to a listing.

All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of FLFU (collectively, our “Content”).

Our Content, including any content licensed to us by third party content providers (the “Providers”), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services.  Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.

Infringement – Prohibited activities

 

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers, such as Apple Safari, Microsoft Internet Explorer or Bing, Chrome, DuckDuckGo, or Brave may be used subject to certain limitations. 

Prohibited Activities

You agree not to copy/collect FLFU content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of FLFU ‘s policies or rules referenced above (“Prohibited Content”). You agree not to abuse FLFU ‘s flagging or reporting processes. You agree not to collect FLFU user information or interfere with FLFU. You agree we may moderate FLFU access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available FLFU or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide FLFU, (iii) combine or integrate FLFU or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects FLFU or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use FLFU or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

You acknowledge that

 FLFU has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist FLFU in good faith, and to provide FLFU with such information and take such actions as may be reasonably requested by FLFU with respect to any investigation undertaken by FLFU or a representative of FLFU regarding the use or abuse of the Site       

If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to FLFU by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

You agree to hold FLFU harmless and that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:

Floridafixerupper.com c/o Gary Dematos, P.O. Box 17581, Clearwater, FL 33762-0581

Phone: 727-280-2963

Email:dematosg@gmail.com 

Use a Google search or the like to discover DMCA guidelines.

USER CONDUCT GUIDELINES Other Restrictions

 

Users may not –

• FLFU, unless you have been specifically authorized to do so in a separate agreement with FLFU;
• FLFU ‘s name or any of FLFU ‘s other trademarks, logos or proprietary materials, without FLFU express written consent;
•  FLFU ‘s  computer systems, or the technical delivery systems of FLFU ‘s providers;
• FLFU or its providers, or breach or circumvent any security or authentication measures of such system or network;
• FLFU or any of FLFU ‘s providers or any other third party to protect the Website;

You will not and will not assist or enable others to DITTO other user copy

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. In connection with your use of the Site, you will not and will not assist or enable others to:             

•       breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;   

•       use the Site for any purpose other than the Purpose;      

•       use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies FLFU endorsement, partnership or otherwise misleads others as to your affiliation with FLFU         ;

•       copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Users or third parties;            

•       use the Site in connection with the distribution of unsolicited commercial messages (“spam”);

•       discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;           

•       use, display, mirror or frame the Site or Collective Content, or any individual element within the Site, FLFU ‘s name, any FLFU trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without FLFU ‘s express written consent;

•       dilute, tarnish or otherwise harm the FLFU brand in any way, including through unauthorized use of Collective Content, registering and/or using FLFU or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to FLFU domains, trademarks, taglines, promotional campaigns or Collective Content;   

•       use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose       

•       avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by FLFU or any of FLFU providers or any other third party to protect the Site;         

•       attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site      ;

•       take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;

•       violate or infringe anyone else’s rights or otherwise cause harm to anyone.              

 

Investigations

 

FLFU reserves the right to monitor access and use of the Website, and investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law or the Terms to the fullest extent of the law.

In accordance with our goals, this Web Site will permit you to link to many other web sites, that may or may not be affiliated with this Web Site and/or Us, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

YOUR ACKNOWLEDGMENTS IF LOGGING ON VIA A VIRTUAL OFFICE WEBSITE (neither Bots nor Phishing protection guaranteed)

 

You acknowledge (i) entering into a lawful consumer-broker relationship with the Us (ii) that you have a bona fide interest in the purchase, sale, of real estate of the type being offered through Our Site and(iii) the ownership and validity of the MLS’s copyright in the MLS database without conflict of interest.

 

Privacy

 

Modification of These Terms              

FLFU reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Site. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect by following the procedure described in the “Term and Termination” section below. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Site will constitute acceptance of the revised Terms.      

You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.

You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.

Term and Termination, Suspension and other Measures               

This Agreement shall be effective for a thirty (30) day term, at the end of which it will automatically and continuously renew for subsequent thirty (30) day terms until such time when your NAR Listing Agreement or FLFU terminate the Agreement in accordance with this section.

You may terminate this Agreement at any time by contacting us at dematosg@gmail.com and providing notice of your intent to terminate. You may also contact us at the forgoing address to submit (i) a data access request, pursuant to which we will provide you with confirmation of all personal data currently being stored or otherwise used by us and relating to you, and access to the same; (ii) a data rectification request, pursuant to which we will rectify any incorrect data currently being stored or otherwise used by us and relating to you; and/or (iii) a data deletion request, pursuant to which we will delete all personal data currently being stored or otherwise used by us and relating to you.        

Without limiting our rights specified below, FLFU may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.       

FLFU may terminate this Agreement immediately and without notice if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) FLFU believes in good faith that such action is reasonably necessary to protect the personal safety or property of FLFU, its Users, or third parties (for example in the case of fraudulent behavior of a User).               

In addition, FLFU may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (ii) if you have breached these Terms, applicable laws, regulations, or third party rights; (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the FLFU account registration, listing process or thereafter; (iv) if FLFU believes in good faith that such action is reasonably necessary to protect the personal safety or property of FLFU, its Users, or third parties, or to prevent fraud or other illegal activity; (v) for any other bona fide reason determined by FLFU in a good faith exercise of its reasonable business judgment:

•               limit your access to or use of the Site;              

•               temporarily or permanently revoke any special status associated with your FLFU account; or temporarily or in case of severe or repeated offenses permanently suspend your FLFU account.       

When this Agreement has been terminated, you are not entitled to a restoration of your FLFU account or any of your User Content. If your access to or use of the Site has been limited or your FLFU account has been suspended or this Agreement has been terminated by us, you may not register a new FLFU account or access and use the Site through a FLFU account of another User           .

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination to effect the purposes of the Agreement will remain in effect.

Submissions

 

Links

 

This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites are not under Our control, and We are not responsible for, and do not endorse, such content, whether or not We are affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Us, or our affiliates or Providers. This website also incorporates the links from County Tax Appraiser sites to map the property situs within their guidelines.

If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us.

By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

Identity Verification Data – Mobile ID and URL

When you use your mobile device to electronically unlock our properties, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method and device details, if available (the “Mobile ID Data”). In addition, when you access the Services through a mobile device to electronically unlock our properties, you may be prompted to share your U.S. driver’s license or state-issued ID data. By sharing such information, you authorize our third-party identity verification service provider to collect the data displayed on and/or encoded in the barcode of your ID in accordance with its privacy policy, and you authorize us to receive such information (collectively, the “Verification Information”) from such service provider. As discussed in our Privacy Policy, we only use the Mobile ID Data and Verification Information for lawful purposes, including but not limited to identity verification, security of FLFU properties, and the prevention of fraudulent activity.

No Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FLFU, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

Assumption of Risk

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to FLFU (“Claims”) will be governed by the internal laws of Florida, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Florida (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Florida; (2) indemnify and hold FLFU Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of FLFU; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

TRADEMARKS USED   NO ENDORSEMENTS APPLIED

 

The Website may provide links to third-party websites, resources or services. You acknowledge and agree that FLFU is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by FLFU of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge that you have sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

                D.) RULES FOR USERS

 

WARRANTIES, DISCLAIMERS, LIMITATION-OF-LIABILITY & INDEMNIFICATION

 

1.) Warranties by Users

 

You represent and warrant to FLFU that:

• you have the power and authority to accept and agree to the Terms,
• you have the right to provide the information that you provide to FLFU and to grant the rights and licenses granted,
• the exercise by FLFU of the rights granted by you will not cause FLFU to violate any applicable laws, rules or regulations, to infringe the rights of any third party, and
• all information provided by you will be complete, accurate and up-to-date when provided, and updated by you as necessary to ensure that it remains complete, accurate and up-to-date.

2.) DISCLAIMER

DISCLAIMER & LIABILITY. 

To the full extent permitted by law, FLFU, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“FLFU Entities”) (1) make no promises, warranties, or representations as to FLFU, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide FLFU on an “AS IS” and “AS AVAILABLE” basis and any risk of using FLFU is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with FLFU. FLFU Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to FLFU, and in no event shall such liability exceed $100.00 US or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

If you choose to use the Site or Collective Content, you do so voluntarily and at your sole risk. The Site and Collective Content is provided “as is”, without warranty of any kind, either express or implied             .

You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your use of the Site and that you are not relying upon any statement of law or fact made by FLFU relating to such use  .

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, FLFU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

 

3.)  Limitation of Liability by Users

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

• INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE DOES NOT CONSTITUTE LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE, NOR IS IT INTENDED TO REPLACE THE NECESSITY OF CONSULTATION WITH YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.
• THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND ANY TRANSACTION CONDUCTED BETWEEN YOU AND FLFU IS AND REMAINS WITH YOU.
• YOU HEREBY RELEASE FLFU FROM AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
• IN NO EVENT WILL FLFU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLFU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• IN THE CASE OF THE UNITED STATES, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS , SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, FLFU ‘S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

 

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and Collective Content, your publishing or viewing of any content via the Site or any other interaction you have with other Users whether in person or online remains with you. Neither FLFU, its officers, directors, employees and agents, nor any other party involved in creating, producing, or delivering the Site or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Site or Collective Content, or (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FLFU has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will FLFU’s aggregate liability arising out of or in connection with these Terms and your use of the Site, or from the use of or inability to use the Site or Collective Content and in connection therewith, exceed the amounts you have paid or owe for use of the Site in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FLFU and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

You agree that neither FLFU, nor its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct or indirect), injury, claim, liability or other cause of action based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services.  Additionally, you agree that FLFU is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW

Basis of the Bargain

 

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLFU AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Exclusions

 

NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION 8 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW.

 

4.)  Indemnification by Users

 

To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold FLFU, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs (“Losses”) arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

You agree to release, defend (at FLFU ‘s option), indemnify, and hold FLFU and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Site or any Services, (iii) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, or (iv) your breach of any laws, regulations or third party rights.

You agree to indemnify, defend, and hold harmless FLFU, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party.  You must not settle any such claim or matter without the prior written consent of FLFU. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Registration data and certain other information about you are subject to our Privacy Statement.

You agree to indemnify, defend, and hold harmless FLFU and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these

Obligation to Defend FLFU

 

As a user of this site you acknowledge and agree to such that Gary Dematos will be added as your dual interest in that firms (retainer) if you must hire legal counsel in any case of, or as a result of any user or referral, or usage, becoming a matter associated with Gary’s real estate license or websites as well as those associated with Charles Rutenberg Brokerage.

 

You agree that, at FLFU option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) FLFU may nevertheless participate in such defense or settlement negotiations, and (ii) you will not enter into any settlement or other compromise without the prior written approval of FLFU (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

No Implied Indemnity by FLFU

YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.ADDITIONALLY, YOU VISIT FLFU’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.

You acknowledge and agree that FLFU is not engaged in rendering legal, tax or other professional services.  If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.

Disclaimer of warranties and liability – Summary

 

ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, FLFU DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER FLFU, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. FLFU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER US, NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING OUR PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification applied to Third Parties

Terms. – Third party rights

These Terms are for the benefit of FLFU and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

 

 

                E.) RULE OF LAW

 

 GOVERNING LAW & DISPUTE RESOLUTION

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FLFU HAVE AGAINST EACH OTHER ARE RESOLVED.

JURY TRIAL WAIVER. YOU AND FLFU ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.     

NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND FLFU ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND FLFU BOTH OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.

AGREEMENT TO ARBITRATE. YOU AND FLFU MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE SITE, ANY FLFU SERVICE OR THE COLLECTIVE CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND FLFU AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.

 

The Terms shall be governed by and interpreted in accordance with the laws of the State of Florida  without regard to conflict of law principles.

 

Arbitration and Class Action Waiver

All disputes, claims, controversies and matters arising out of or relating to or in connection with these TOU or the breach, termination, enforcement, interpretation or validity hereof, or to the use of the Website, including any Website (collectively, “Disputes”) shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in State of Florida, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving the right to a trial by jury.

All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

Jurisdiction and Venue

 

Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by FLFU from its offices within Florida. FLFU makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or FLFU brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located Florida.  You expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Exceptions to the Arbitration Agreement. You and FLFU each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).               

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.               


Pre-Arbitration Dispute Resolution and Notification.  Prior to initiating an arbitration, you and FLFU each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact FLFU ‘s customer service team by emailing us at the contact addresses provided on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by FLFU of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of FLFU. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of FLFU.

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

 

In summary:

• Claims can be filed with AAA online (www.adr.org);      
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;            
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;             
• Parties retain the right to seek relief in small claims court for certain claims, at their option     ;
• The initial filing fee for the consumer is capped at $200;              
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;            
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.  

 

Fees and Costs

The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.

Future Amendments to this Section

In the event that we amend this “Governing Law & Dispute Resolution” section (other than an amendment to any notice address or site link provided herein) in the future, the amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and FLFU. We will notify you of amendments to this section by posting the amended Terms on FLFU site. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and FLFU in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

No Agency

No partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU.

 

 Survival of Terms

Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.

Consent to be Contacted; Notices

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by emailing us, through the Contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.   

 Applicable Law and Jurisdiction

Telephone Contact and Recording Policy

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by FLFU. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from FLFU.             

By providing us with a telephone number, you agree that FLFU may record any telephone conversation with you (or any another individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether or FLFU disclosed the fact that the call was recorded during the call.

 

TEXT MESSAGES

You may have the opportunity to opt in to receiving certain information, updates and/or offers from us via text communications (for example, when you sign up for instant access to selected properties) by texting us and/or otherwise providing us your mobile telephone number. Consent to receiving text messages is not required as a condition of purchasing any goods or services. If you elect to opt in to receive such communications, you can opt out of receiving text messages at any time by texting STOP.

Authority

By providing a mobile telephone number and requesting to receive communications via text message, you represent that you have the necessary authority to allow FLFU to collect and use the number identified. You agree that you will be solely liable for any violation of the terms of this Section 4.1, and indemnify FLFU against any and all Losses (as defined in Section 8.6 below) arising out of or related to a breach of the representations contained herein. You acknowledge that FLFU retains the right, but not the obligation, to confirm the consent of the owner of the telephone number at any time. In the event that Offer Pad is unable to confirm such consent, we may refuse to send text messages to the requested telephone number.

 

Third-Party Costs

You acknowledge that data and messaging plans are required in order to receive FLFU text alerts, and that standard data, messaging and other charges, fees, and taxes from your carrier may apply. You agree that you are solely responsible for such charges, fees and taxes that may result from your receipt of such text alerts, and that FLFU has no liability therefor.

If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided.  Please be aware that we may record or monitor telephone calls for quality assurance. If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by FLFU (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

Waiver

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of FLFU. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

 

Remedies

Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

 

Severability

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

 

Headings

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Third Party Beneficiaries

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

Construction

In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) “or” connotes any combination of all or any of the items listed, and (iii) “including” (and any of its derivative forms) means “including but not limited to.”

 

 

                F.) Contact Us Support Realtors, Title Cos. or Legal Entity

If you have any questions or concerns, please contact us at dematosg@gmail.com 

You can also write to us at:

Support

Floridafixerupper.com  FLFU c/o Gary Dematos, P.O. Box 17581, Clearwater, FL  33762-0581

727-280-2963

Real Estate Broker Charles Rutenberg Realty Inc.  Licensed (BO2017087)

1545 S Belcher Rd, Clearwater, FL 33764

FLORIDA’S LARGEST REAL ESTATE OFFICE

1.) Visiting an FLFU Home

Authorized Access

By accessing any home owned by FLFU (an “FLFU Home”), you certify and agree you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaged in authorized business with FLFU.  You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from FLFU for extended on-site presence. FLFU may revoke permission to access one or more of its homes at any time.  If you are asked to leave one FLFU Home, you lose permission to go to any future FLFU Home unless you receive notification

otherwise from FLFU.

Authorized Activities

By entering an FLFU Home, you acknowledge and agree that you will not, and will not assist or enable others, to:

• breach or circumvent any applicable law, or terms of this Agreement;
• access the home if under the age of 18;
• smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises;
• abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property on the Premises without the express consent of FLFU;
• remove any property from the Premises other than marketing or promotional materials provided by FLFU for such use;
• use any facilities in the home including, but not limited to, pools, showers, and appliances other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home;
• request access other than through a method authorized by FLFU (authorized methods include the FLFU, text-to-enter, and a phone call to FLFU Customer Support line);
• enter the home other than through the front door;
• bring any weapon including, but not limited to guns, knives, blunt-force objects, and projectiles into the home or surrounding yard;
• avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by FLFU or any other third party to protect FLFU Homes and their contents and surroundings, Services, customers, and/or visitors; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

If, in accessing an FLFU Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept legal and financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.

By accessing any FLFU Home, you accept legal and financial responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.

2.) Buying an FLFU Home

As-Is Conveyance

If you contract to purchase a home from FLFU (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”).  In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the Property, the Purchase Contract shall prevail.

Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed home inspector. Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law and under the terms of the Purchase Contract:  BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING, AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY. BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO ASSUME THE RISK OF ANY ADVERSE CONDITIONS, INCLUDING ADVERSE CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS. 

Brokerage Representation and Referrals          

Our brokerage has relationships with certain multiple listing services (MLSs) that allow them to show you certain pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:

• to use this data only for personal use, and not for commercial uses;
• that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and
• that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.

3.) Representation of FLFU

In the event you choose to buy an FLFU Home or sell your home to FLFU, an FLFU Brokerage will represent FLFU in the transaction.

Working with an FLFU Partner Agent

At your request, an FLFU Brokerage can refer you to a third-party agent that can represent you in your home purchase or sale (“FLFU Partner Agent”), and you may be eligible for promotions for working with that agent. Should you choose to work with that agent, the referring brokerage will receive a commission no more than 3%of the sale price. However, we never require you to choose any particular agent to buy or sell a home.

Working with an FLFU Agent – Agency Relationship is “Transaction Broker”

In certain service areas, you may have the option to be represented by an agent at Charles Rutenberg Realty Inc. (a “FLFU Agent”) in your home purchase or sale.  In those instances, you remain welcome to work with an FLFU Partner Agent. FLFU Agents may only enter into Transaction Broker’s Agent agreements. Agency may occur in transactions where a buyer and a seller are both represented by an FLFU Brokerage. 

                G.) MISCELLANEOUS LINKS

Except as they may be supplemented by additional terms and conditions (such as the FLFU Privacy Policy (link), FLFU ‘s Licensing and Disclosure addendum (link) and FLFU’s Terms and Conditions of Use (link) applicable to FLFU customers who request access to information about FLFU’s properties), customer agreements (such as the FLFU “Price Guarantee” and “Cash Advance” agreements, as those product offerings are outlined elsewhere on the Site), policies, guidelines or standards, these Terms constitute the entire Agreement between FLFU and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between FLFU and you in relation to the access to and use of the Site. Without limiting the generality of the foregoing, you hereby agree and acknowledge that you have carefully reviewed, and you understand and agree to FLFU’s Privacy Policy and its Licensing and Disclosures addendum.       

No joint venture, partnership, employment, or agency relationship exists between you and FLFU as a result of this Agreement or your use of the                Site

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.          

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.      

FLFU’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.              

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without FLFU’s prior written consent. FLFU may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.   

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by FLFU via email, Site notification, or messaging service (including SMS).     

If you have any questions about these Terms please email us at the contact information provided in the “Contact” section of the Site.                              

MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access FLFU thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.

 

MISCELLANEOUS Privacy

Our collection and use of information about users is governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside of the United States, including to and/or from the European Union and/or other countries, for storage, processing and use by FLFU. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website, which you may not be able to opt-out from receiving.

 

Entire Agreement

The Terms, including these TOU, our Privacy Policy, the Offer Terms, PSA (as amended by any Supplemental Terms) and Website Rules, constitute the entire and exclusive understanding and agreement between you and FLFU regarding your access to and use of the Website, and supersede and replace any and all prior or contemporaneous oral or written representations, understandings or agreements between you and FLFU and regarding the subject matter hereof. You acknowledge and agree that you have not relied on any representations or warranties whatsoever, express, implied, at common law, statutory or otherwise, except for the representations or warranties expressly set forth in the Terms.

 

 Assignment

You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. FLFU may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.