Terms of Use

Please read this agreement (“Agreement”) carefully before accessing or using this web site (“Site”). By accessing or using the Site, you agree to be bound by this Agreement. Florida Exclusive Living (hereinafter “FEL”) and its suppliers, provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices.
The information and services offered on this Site are provided with the understanding that neither FEL, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. FEL, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While FEL, and its suppliers, strive to keep the information on this Site accurate, complete and up-to-date, FEL, and its suppliers cannot guarantee, and shall not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

 

PERSONAL AND NONCOMMERCIAL USE LIMITATION:
PROHIBITED USES
You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by FEL, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of FEL, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS
All materials on this Site (as well as the names, organization, style and layout of the Site) are owned and copyrighted or licensed by FEL, its affiliates or its suppliers.
FEL All rights are reserved. No reproduction, distribution, or transmission of the copyrighted or other materials at this Site is permitted without the written permission of FEL.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you represent and warrant to FEL, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

LIABILITY DISCLAIMER
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither HER Realtors, nor its affiliates are responsible for those costs. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HER REALTORS, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL HER REALTORS, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HER REALTORS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless FEL, its owners, agents, officers, employees, successors, assigns, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.

LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated by parties other than HER Realtors, or its affiliates. Inclusion of hyperlinks by FEL to web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the privacy policy you just read is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

CHANGES TO SITE
FEL, its affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. FEL, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Florida, without giving effect to any principles of conflicts of law. Failure by FEL, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between FEL, and/or its affiliates and you related to this Agreement shall be brought exclusively in federal district court in the Southern District of Florida.

This website is applicable to and should only be used by persons 18 years of age or older. Access and use of this website by persons under the age of 18 is prohibited.

PRIVACY POLICY
FEL realtors value your customer satisfaction. This privacy statement is intended to assist you in understanding what information FEL gathers about you, how FEL uses that information, and the safeguards FEL has in place for the information.

FEL, collects personal information which you may voluntarily provide through our contact forms on our Websites, as well as information you may provide at our open houses, or when you participate in a survey for FEL. The information collected may include your name, address, e-mail address, phone number, as well as other information which can identify you personally.
FEL collects this information in order to be responsive to the needs and requests of prospective customers. By collecting such information, FEL is better suited to provide a system by which pertinent information on the products and services FEL offers is made available to customers. FEL and their affiliated third-party service providers may use your personal information in order to contact you via telephone, e-mail, e-newsletter, or regular mail for the express business purpose of providing information as FEL may deem appropriate regarding promotions or other items of interest.
FEL is the sole owner of any information you may voluntarily provide and will not sell or lease any information you may provide to any third party companies or individuals. FEL may, however, share information that you provide with third party service providers that assist FEL in such things as conducting surveys, maintaining our database, administering our web site or sending and administering e-mails, or other similar services. Only that information necessary to provide these services is shared with third party service providers. Additionally, there may be circumstances under which FEL may be required, by law or order, to provide information it has collected, or FEL may make information available to certain authorized parties when necessary, and as appropriate, in order to protect FEL’s proprietary interests from harm due to fraud or other illegal activities.

FEL reserves the right to modify or amend this Privacy Statement at any time and for any reason in order to maintain compliance with applicable laws or to reflect or update changes in FEL business practices.