Limitation of Liability and Indemnification
IN NO EVENT SHALL APARTMENTBUILDINGS.COM BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, ERRORS, INACCURACIES, OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE ACCURACY OR COMPLETENESS OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER CORRUPTION, COMPUTER VIRUSES, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF APARTMENTBUILDINGS.COM'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy and ApartmentBuildings.com's entire liability under this Agreement shall be a refund to Customer of the fees if any paid to ApartmentBuildings.com hereunder, and in no event will ApartmentBuildings.com's liability for any reason exceed such fee. ApartmentBuildings.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify ApartmentBuildings.com (and ApartmentBuildings.com officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Governing Law; Arbitration
You agree that: (i) Apartmentbuildings.com shall be deemed solely based in the State of Florida; and (ii) ApartmentBuildings.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over ApartmentBuildings.com, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Florida.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Martin County, FL.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using ApartmentBuildings.com you consent to these restrictions.
You and ApartmentBuildings.com shall select the arbitrator, and if you and ApartmentBuildings.com are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and ApartmentBuildings.com and your and ApartmentBuildings.com's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or ApartmentBuildings.com be entitled to punitive, special, indirect or consequential damages and both you and ApartmentBuildings.com hereby waive your and ApartmentBuildings.com's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and ApartmentBuildings.com, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Martin County, FL.
ApartmentBuildings.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the ApartmentBuildings.com system. Members are not permitted to share their individual login information with others. Membership privileges are granted by ApartmentBuildings.com to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the ApartmentBuildings.com website without express written permission from ApartmentBuildings.com. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of ApartmentBuildings.com. ApartmentBuildings.com has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the ApartmentBuildings.com website, or abuses their rights related to the ApartmentBuildings.com service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the ApartmentBuildings.com property listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. At this time through 2021 a Basic Member may also list properties on the Service, and all Customer's listings will be able fully accessible and viewed in the search results of Basic Subscribers.
By becoming a member of ApartmentBuildings.com, you acknowledge and agree that ApartmentBuildings.com may record telephone and other electronic communications it has with you for ApartmentBuildings.com internal business purposes, including but not limited to training and quality assurance purposes.
ApartmentBuildings.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant ApartmentBuildings.com the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes ApartmentBuildings.com determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. ApartmentBuildings.com will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will ApartmentBuildings.com have any liability for sending any email to its registered users/customers.
You Must Notify ApartmentBuildings.com of a Breach.
You agree to immediately notify ApartmentBuildings.com of any unauthorized use of your password, any unauthorized use of any account that you may have with ApartmentBuildings.com, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on ApartmentBuildings.com by sending an email to: firstname.lastname@example.org
Submission and Administration of Listings
The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees not to post a property on the public ApartmentBuildings.com marketplace under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the ApartmentBuildings.com website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to ApartmentBuildings.com. ApartmentBuildings.com may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Listings that are not modified or renewed within a 90-day period are automatically changed to "unavailable" and the asking price and broker information are no longer viewable on ApartmentBuildings.com. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to ApartmentBuildings.com unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on ApartmentBuildings.com website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the ApartmentBuildings.com website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the ApartmentBuildings.com website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be downloaded, displayed, accessed, searched, copied, and otherwise referred to by users of the Customer's website, the ApartmentBuildings.com website and other ApartmentBuildings.com partner websites. The Company shall have the sole authority to choose the manner in which any Property will be displayed, searched, accessed, downloaded, copied, and otherwise used on the ApartmentBuildings.com website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement.
Use of Information
THE SERVICE, AND ANY AND ALL CONTENT OFFERED BY APARTMENTBUILDINGS.COM TO CUSTOMER ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY APARTMENTBUILDINGS.COM, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall not use the ApartmentBuildings.com Service as part of any effort to compete with ApartmentBuildings.com, including without limitation using the ApartmentBuildings.com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential ApartmentBuildings.com customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the ApartmentBuildings.com Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy ApartmentBuildings.com products, services or information; decompile, decode or reverse engineer ApartmentBuildings.com software; or use ApartmentBuildings.com products or services in an unlawful manner, such as for offensive, abusive, defamatory, libelous, or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $400.
ApartmentBuildings.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer agrees to treat all information obtained from the Service INCLUDING vendors list, listings, member directory, historical transaction information ("Sales Comps"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to ApartmentBuildings.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of ApartmentBuildings.com.
Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer shall limit access to and use of active property listings, member directory, ApartmentBuildings.com, Property Facts, and information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device.
Links to Third Party Sites
This website may contain hyperlinks to other websites operated by parties other than ApartmentBuildings.com. and its subsidiaries which are beyond ApartmentBuildings.com control. Parties other than ApartmentBuildings.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use ApartmentBuildings.com logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the ApartmentBuildings.com site. ApartmentBuildings.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. ApartmentBuildings.com does not assume any liability for the actions, product, and content of all of these and any other third parties.
Customer agrees to pay for all products ordered through the ApartmentBuildings.com website or via the ApartmentBuildings.com sales team or AdButler using the payment method indicated, and provides ApartmentBuildings.com express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of ApartmentBuildings.com products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, ApartmentBuildings.com may immediately cease to provide any and all Deliverables to the customer.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab, once Customer has logged into ApartmentBuildings.com does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify ApartmentBuildings.com about any billing problems or discrepancies within 60 days after charges first appear on their Account statement. If it is not brought to ApartmentBuildings.com attention within 60 days, Customer agrees to waive their right to dispute such problems or discrepancies.
ApartmentBuildings.com reserves the right to terminate a Customer's membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of ApartmentBuildings.com services, nonpayment of fees owed by you in connection with ApartmentBuildings.com services, account inactivity or technical or security issues. Upon termination, ApartmentBuildings.com shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Customer will not and will not allow others to: use, copy, reverse engineer, decompile, disassemble, merge, disclose, sell or transfer the underlying source code or structure or sequence of ApartmentBuildings.com's technology or delete or alter author attributes or copyright notices. Customer shall use the ApartmentBuildings.com system solely for their own use and shall not allow others to use the ApartmentBuildings.com system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, copyright registrations , moral rights, copyright applications, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Unsolicited Commercial Email (Spam)
Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. ApartmentBuildings.com has the right to revoke the privileges of any customer or company that breaches these terms. ApartmentBuildings.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service, or other email services that ApartmentBuildings.com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions.
THE LISTINGS, SERVICE, VENDORS, PROPERTY FACTS INFORMATION, AND APARTMENTBUILDINGS.COM'S REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APARTMENTBUILDINGS.COM MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMPS INFORMATION, PROPERTY FACTS INFORMATION, OR APARTMENTBUILDINGS.COM'S REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND APARTMENTBUILDINGS.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. APARTMENTBUILDINGS.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO APARTMENTBUILDINGS.COM 'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM APARTMENTBUILDINGS.COM'S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, APARTMENTBUILDINGS.COM'S REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APARTMENTBUILDINGS.COM OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Other Rights of ApartmentBuildings.com.
ApartmentBuildings.com shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. ApartmentBuildings.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on ApartmentBuildings.com corporate website, located at http://www.ApartmentBuildings.com.
Customer agrees that ApartmentBuildings.com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by ApartmentBuildings.com customers and partners. ApartmentBuildings.com shall have sole authority to choose the manner in which any Listing will be displayed, received and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion.
It is ApartmentBuildings.com's policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. ApartmentBuildings.com shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ApartmentBuildings.com and/or others.