DISCLAIMER TO HOMEOWNERS AND BUYERS

BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT ENGAGING IN THE BUSINESS OF REAL ESTATE BROKERAGE OR MANAGEMENT AND IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. ALSO BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.

 

 

 

 

INTRODUCTION

These terms and conditions ("Terms") govern your access to and use of our real estate directory listing services, including the content, products, information, software, services, features, links and functionality (collectively, the "Service") provided on or available through the website, www.Best-Agents.com (the “Site"). The operator of the Site, O. Kheir (the "Company"), is located at 3340 S. Atlantic Ave, Daytona Beach Shores, FL  United States. Other definitions that may apply to these Terms include:

 

"Client", "You" and "Your", refers to you, the person accessing this Site and using the Service;

"Company", "Ourselves", "We" and "Us", refers to the website www.Best-Agents.com and the operator of the site; and,

"Party", "Parties", or "Us", refers to the Client and the Company, or either the Client or the Company, depending on how the term is appropriately used.

 

By using our Service, you are agreeing to these Terms. Please read them carefully:

 

1. Your Acceptance

You may use our Service only if you can form a binding agreement with us and only if you are in compliance with these Terms and all applicable laws. You must accept the Terms before you are allowed to use the Service. You may accept these Terms by taking any action which demonstrates your acceptance, including by:

a. affirmatively clicking the hyperlink, button or other linking device containing the word "SUBMIT*" or similar language which references or incorporates these Terms; or,

b. repeatedly accessing the Site or using the Service with the continued ability to view the Terms through a conspicuous hyperlink or other linking device.

You may not unilaterally disregard any portion of these Terms. However, if there is a particular provision in these Terms that you wish to amend, you may contact us before your use of the Service to negotiate a separate clause or agreement. We do not guarantee that such negotiations will be successful. Nevertheless, if you wish to discuss your own personalized agreement, please contact us or have your attorney do so.

 

2. Registration and Content

When you create your account with us, you must (a) provide us with accurate and complete information as prompted by the Service's registration forms ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate and complete as reasonably possible. If you provide any information that the Company reasonably suspects is untrue or incomplete, the Company may suspend or terminate your account and refuse any and all current or future use of the Service. By using the Service and submitting any data, files, software, text (including but not limited to names of files, databases and directories), software, music, sound, photographs, video or any other material (collectively, the "Content") to the Company or a third party in connection with this Service, you represent and warrant that: (a) you are the owner of such Content, and (b) such use will not violate these Terms or any applicable laws.

 

3. Your Account, Password and Access Rights

You may designate up to the number of users under your account which corresponds to the level of Service you are receiving from the Company, and you may provide and assign access rights to your account only to an authorized and designated user. You agree to take all necessary precautions to keep your username and password secure. You further agree that if your security is breached, you are solely responsible for any damage or liability occurring by this breach. You are responsible for safeguarding your account information. Even if you can prove hacking by clear and convincing evidence, you are still liable for any third party use of your username and password. You agree to be held responsible for all electronic communications from your account, including account registration and other account holder information, course information and other data including any Content ("Electronic Communications"). The Company will assume that any Electronic Communications it receives under your account will have been sent and/or authorized by you. You agree to immediately notify the Company if you become aware of any loss or theft or unauthorized use of any of your accounts.

 

4. License and Use Restrictions

Subject to these Terms and the Privacy Policy, the Company will provide you with the Service. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal or internal business operations use. The Company supports only those users who are accessing the Site or using the Service within the United States of America or its territories. All other users are not welcome to access the Site or use the Service.

 

5. Responsibility for Content.

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and other third parties, and not the Company, are entirely responsible for Content that you upload or otherwise view or transmit via the Service. The Company does not control the Content uploaded or otherwise transmitted by you or other third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

 

6. Other Restrictions. You agree to not use the Service to:

a. upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm or exploit minors in any way;

c. impersonate any person or entity, including, but not limited to, any the Company representative, or misrepresent your affiliation with any person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;

g. remove any copyright, trademark or other proprietary notice;

h. upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas of the Service that may be expressly designated for such purpose;

i. upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

j. interfere with or disrupt the Service or servers or networks connected to the Service;

k. violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data; (k) incite or provide instructional information about illegal activities; or

l. conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Service that may be expressly designated for such purpose.

 

7. Access Restrictions

You may not reverse-engineer, decompile, disassemble or create derivative works regarding the Service or the Site. You will not access the Site or use any automatic device or manual process to monitor or reproduce the Service. You will not access the Site or use any device, software, computer code, or virus to interfere or attempt to interfere, disrupt or damage the Site or any communications on it. Additionally you agree not to circumvent any encryption or other security tools used anywhere on the Site (including theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site). All forms of hacking are strictly prohibited.

 

8. Modifications to the Service and Terms

8.1 Modifications to the Service. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part of the Site. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or loss of access to the Content. The Company may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions).

8.2 Modifications to these Terms. You agree that the Company may modify these Terms if necessary to comply with any other agreements that the Company is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your acceptance of any new modifications must be consistent with these Terms. If you do not agree to any such changes, you should immediately cease all access and use of the Service. You agree that such termination of your use of the Service will be your sole and exclusive remedy if you do not wish to abide by any changes to these Terms.

 

9. Charges/Credits/Termination

You agree to pay the then-current fees associated with the Service you choose. When you subscribe and provide payment information your credit card or bank account will be debited accordingly. The Company reserves the right to modify its fees with or without notice.

 

10, Termination and Indemnity

You acknowledge and agree that the Company may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that the Company believes, in its sole discretion:

a. violates any term or provision of these Terms,

b. violates the rights of the Company or third parties,

c. or is otherwise inappropriate for continued access and use of the Service.

d. In addition, the Company reserves the right to terminate inactive membership accounts. You agree that upon termination of the Service, either by you or the Company, the Company may delete all Content and information related to your account and may bar your access to your account and the Service including, but not limited to, access to any of your Content entered into or used in connection with the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees and expenses) arising from:

e. any inaccuracy or falsity related to the Content or the Personal Information (as defined in the Privacy Policy) and,

f. your violation of these Terms, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any intellectual property rights, violation of any proprietary right and invasion of any privacy rights. This obligation shall survive the termination of Service.

 

11. Links

The Service may provide links or references to other Internet sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

12. The Company and Third Party Proprietary Rights

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

13. No Resale, Etc. of the Service

You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, give, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. You may not use, copy, modify or transfer the Service, in whole or in part, except as expressly provided in these Terms and Conditions. You agree to not make any attempt to decompile, disassemble or reverse engineer the Service or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Service.

 

14. Disclaimer of Representations and Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.  THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE:

WILL MEET YOUR PERSONAL OR PROFESSIONAL REQUIREMENTS OR RESULT IN REVENUES OR PROFITS,

WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,

WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, AND

WILL MEET YOUR QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY LAWS OR REGULATIONS DESCRIBED IN THE SERVICE HAVE BEEN DESCRIBED ACCURATELY OR COMPLETELY AND THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.

c.  ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE;

YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY

INTERRUPTION OF BUSINESS,

ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE;

CONTENT NON-DELIVERY, MISDELIVERY, ERRORS, OMISSIONS, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR

EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL; AND

IN NO EVENT SHALL THE COMPANY'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

16. General Information

The Terms of Use and Privacy Policy constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of these Terms and Privacy Policy) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate, advertising or other company services, third-party content or third-party software. Except as otherwise provided herein, these Terms and Privacy Policy shall be governed by the laws of the State of Florida without regard to any conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within the County of Volusia, Florida and the federal courts in the district of Florida. The Terms of Use and Privacy Policy do not limit any rights that the Company may have under trade secret, copyright, patent, trademark or other laws. The failure of the Company to exercise or enforce any right or provision of these Terms and Privacy Policy shall not constitute a waiver of such right or provision. If any provision of these Terms and Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Privacy Policy remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or these Terms and Privacy Policy must be filed within one (1) year after such claim or cause of action arose but no later than one (1) year after your use of the Service has terminated for any reason or be forever barred. The section titles in these Terms and Privacy Policy are for convenience only and have no legal or contractual effect. The Terms of Use and Privacy Policy shall inure to the benefit of the Company and its successors and assigns.

 

17. Survival

All representations and warranties contained herein, and Sections 1 through 17 of these Terms and all of the Provisions of the Privacy Policy, shall survive after your use of the Service or after these Terms have terminated for any reason.

 

E-SIGN ACT

These Terms are governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You understand that these Terms will not be denied legal effect, validity or enforcability if electronic signatures were used in its formation. You also understand that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.

RESPA Disclosure

We are a licensed real estate Brokerage in FLORIDA with BK691503, in compliance with the Real Estate Standards and Procedures Act. We connect home buyers and sellers with our partner real estate agents across the country. When one of our partner agents closes a transaction with our home buyers or home seller customers, we collect a standard referral fee from the real estate agent.