These general terms of use ("terms of use") are a legal agreement between you, regardless of your corporate form or if you are an individual, and us, and it governs your use of the Locatehomes.com websites and all of our services and content available on or through the websites (locatehomes.com, localsbest.com, mylocalsbest.com websites and all of our services and content are, individually and collectively the "website").
Before you continue, you should print or save a copy of these Terms of Use for your records.
BY ACCESSING OR USING OUR WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
These Terms of Use include any other generally-applicable terms available on the Web Site (including but not limited to our privacy policy, which you can review by clicking here: Privacy Policy, which are made part of these Terms of Use.
1. Purpose of the Web Site.
Websites are owned by Locatehomes.com, Inc., a licensed real estate brokerage in the State of Florida, and an information provider whose services assist consumers and real estate professionals in their search for various real estate needs in purchasing, selling or maintaining a home and are not engaged in any particular real estate closing service business. We do not provide any of the services that compete with, or are offered by, companies listed in our website advertising directories nor do we endorse, recommend or favor any individual or firm listed on this Web Site.
2. Service Company Listings; Advertising.
This Website contains information related to service companies (hereinafter referred to as "Advertisers”) along with other related information. The Advertisers provide all the information and are generally deemed reliable for the intended purposes, however, we cannot warrant the validity of the information, nor do we guarantee the quality of the services provided by the Advertisers. Determining the need for Advertisers services is an important decision and requires some analysis. We are not responsible for any material, information or products or services contained in the sites, or linked sites as provided by Advertisers. Although care has been taken to provide the most reliable, accurate and current information, all users of the Website are encouraged to make their own independent investigation and evaluation of any Advertiser that they might engage. Advertisers are responsible for ensuring that material submitted for inclusion on the Websites are accurate and complies with applicable laws. We will not be responsible for the illegality of, or any error or inaccuracy in, any advertiser's materials.
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the websites strictly in accordance with these Terms of Use; (2) to use the websites exclusively for internal, personal, and business purposes; and (3) to print out discrete information and search results from the website exclusively for internal, personal, and business purposes, provided that you maintain any copyright and other notices contained therein.
You may not make any other use of the website without our express consent. Be aware that products, services and content provided by third parties, even if contained in the website, may be subject to additional terms, conditions and permissions, so this license does not necessarily govern your rights with respect to products, services and content provided by third parties, even if the same are found on the Web Site.
4. Restrictions and Prohibitions on Use.
Except as expressly authorized by us, you shall not and shall cause all of your users to not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Website to any third party in any way unless authorized by us, (ii) access the website in order build a competitive product or service, or (iii) copy, modify, harvest data from, or make any derivative works based upon the website, including without limitation to create a directory of Advertisers or mailing lists with data retrieved from this Website.
5. No Closing Advice.
Information contained on or made available through the website is not intended to and does not constitute any closing services advice, referral or recommendations under any circumstance. Nothing submitted to this website is treated as confidential. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the website. Your use of information on the website or materials linked from the website is entirely at your own risk. Business between you and an Advertiser are strictly between you and such party and do not involve us in any way.
6. Transactions and Interactions with Advertisers or other Third Parties.
We will not be liable in any way in connection with, any of the offerings, products or services advertised on or through the Web Site by any user (including Advertisers), or any sites on the Internet that may be directly or indirectly accessed through links in the Web Site that are not owned and operated by us, including but not limited to liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content therein. You acknowledge and agree that we are not a party to any transaction between you and any other user, even if that transaction is facilitated, in whole or in part, through the Web Site. YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH OTHER USER AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, WE HAVE NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
7. Intellectual Property Rights.
Except for the limited license contained in Paragraph 4 above, nothing in these Terms of Use grants or should be construed to grant to you any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all rights, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to us, our licensors, or Advertisers as applicable.
Our name and logos, and the product and service names and logos associated with the Web Site are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever.
8. No Solicitation.
Consistent with our Privacy Policy, you shall not, and shall cause your users to not, use the Web Site, directly or indirectly, for the purpose of transmitting unsolicited e-mail or other unsolicited communications over the Internet to other users or any other third parties. In forums or other interactive features made available through this Web Site, you may discuss or recommend third-party Web sites, products or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such.
9. Title Insurance Company and Listee Ethics Notice.
If you are a title insurance company or closing service provider participating in any aspect of this Web Site, including but not limited to, message boards, blogs, wikis or e-mail forums, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of appraising and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
10. License of Your Content to Us.
By uploading or submitting any of your contact information, or your content for use on the Web Site, you grant us a perpetual, royalty-free, irrevocable, fully paid-up, non-exclusive right and license to use, reproduce, modify, adapt, publish, publicly perform and display, translate, create derivative works from and distribute such of Your Content or incorporate such of Your Content into any form, medium or technology now known or later developed throughout the universe.
You represent and warrant that you have all rights necessary to grant us the license in your contact information, your content, that your content will not infringe, violate, or misappropriate any copyright, trademark, trade secret, or other rights of any third party; and that your content distributed through the Web Site shall be truthful, accurate, up-to-date, and in compliance with applicable laws, rules and regulation. "Your Content" means any data, material, or other content (including without limitation, copyrightable subject matter, trademarks, and service marks) provided or submitted by you or any of your users to the Web Site in the course of using the Web Site. "Your Content" also specifically includes any data or material which is accessible on the site or via any link created by you or any of your user to or from the Web Site. However, our use of Your Content is still subject to our privacy policy.
11. Your Content, Conduct; Use of Forums and Postings.
You agree that you will not, and will cause your users to not, post, publish, upload or distribute in the interactive areas on this Web Site any of Your Content, or use the Web Site in any way, (a) in violation of these Terms of Use, (y) in violation of any applicable local, state, national or foreign laws, treaties, rules or regulations, or (z) to process, store or transmit any information or materials (including Your Content), or engage in any behavior, which infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others, or which is illegal, defamatory, harassing, indecent, obscene, offensive, false or misleading, threatening, abusive, invasive of privacy or hateful (as determined in our reasonable discretion). This Section expressly applies to your use of any interactive features we offer, including forums, blogs, wikis, postings and so on. We may delete Your Content at any time for any reason without permission from you. You agree that you will ensure that Your Content is truthful, accurate, up-to-date, not false or misleading, and in compliance with applicable laws; we have no responsibility to investigate or verify any information contained in Your Content, You remain solely responsible for Your Content (including any post you submit). You specifically agree that you shall not misrepresent your identity or your affiliation with any person or entity.
12. Third-Party Content.
Third-party content may appear on this Web Site (for example, in listings or in contributions to interactive features such as forum posts, blogs, wikis and so on) or may be accessible via links from this Web Site. We shall not be responsible for, and have no liability for, any mistakes, misstatements or violations of law, defamation, omissions, falsehood, obscenity, pornography, infringements or profanity in the statements, opinions, representations or any other form of content contained in such third-party content appearing on the Web Site. You understand that the information and opinions in such third-party content represent the thoughts of the author exclusively and is not endorsed by us, nor does it reflect our opinions, position or beliefs.
You acknowledge that we do not pre-screen or approve advertising, third party links, blogs, forum postings, other third party content (including Your Content) or any related products or services which may be posted on or made available via the Service.
13. Registration.
Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform us of any changes to that information by e-mailing info@LOCATEHOMES.COM (or, if we provide an online function to make such changes directly, by using such online function). Each registration is for your personal or company's use only, unless specifically designated otherwise on the registration page. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use, as well as for any consequences of such unauthorized use.
14. DISCLAIMER.
THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, DATA, OR CONTENT, (B) THE WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE WILL MEET YOUR OR YOUR USERS' REQUIREMENTS OR EXPECTATIONS, OR (D) THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE WEB SITE AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU.
15. LIMITATION OF LIABILITY AND DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY OF YOUR CONTENT OR ANY THIRD PARTY CONTENT ON OR ACCESSIBLE VIA THE WEB SITE (INCLUDING YOUR PARTICIPATION IN MESSAGE BOARDS, BLOGS, WIKIS OR E-MAIL FORUMS AND ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE), (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FOR ANY REASON, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS ON LIABILITY DO NOT APPLY TO YOU OR ARE PROHIBITED BY LAW, OUR SOLE OBLIGATION AND LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.
16. Unlawful Activity.
Please note that we reserve the right to investigate complaints or violations of our Terms of Use or other policies or of applicable law, rule or regulation, and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile(s), email addresses, usage history, posted materials, IP addresses and traffic information.
17. Indemnification.
You agree to indemnify and hold us, our officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Your Content; (ii) any breach by you of these Terms of Use or any act or omission of any of your users which would constitute a violation of these Terms of Use if done by you; or (iii) any transaction or interaction between you or your users and any other person (including any other user), regardless of whether such transaction or interaction was facilitated in whole or in part by or through the Web Site. This obligation survives any termination of these Terms of Use.
18. Remedies for Violations.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Web Site and its features.
In addition, we reserve the right to terminate these Terms of Use or suspend your and/or your user's access to the Web Site on notice to you if you or your users breach any provision of these Terms of Use. Upon termination, you and your users' right to access or use the Web Site pursuant to these Terms of Use immediately terminate.
19. Governing Law, Jurisdiction and Non-Waiver.
This agreement shall be governed by the laws of the State of Florida, without reference to the conflict of law rules. This agreement will be construed under Florida Law. All controversies, claims and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Arbitration Assoc. or other mediator agreed upon by the parties. If litigation arises out of this Agreement, Parties agree that disputes not resolved by mediation will be settled by neutral binding arbitrator. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney’s fees and will equally split the arbitrator’s fees and administrative fees or arbitrations. Client agrees that any disagreement concerning this agreement that is not covered under this agreement will be arbitrated or mediated in Lee County, Florida. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms of Use.
20. Severability of Provisions.
These Terms of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and us with respect to access to and use of the Web Site. If any provision of these Terms of Use is found unlawful, void or unenforceable, such provision shall be deemed to be revised to a valid and enforceable provision that most closely approximates the original intent of the parties (or, if such revision is not permissible, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability), and the remaining provisions of these Terms of Use shall not be affected, and shall remain in full force and effect.
21. Modifications to Terms of Use; Additional Features.
We reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms of Use (and if they conflict with other terms of these Terms of Use, they shall control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.
Privacy Policy
OUR COMMITMENT
Respecting and Protecting Your Privacy. Your privacy is important to us and we respect and take steps to protect the privacy of our site's users. We strive to take reasonable care of information we may receive from you.
SCOPE OF THIS PRIVACY POLICY
Our Privacy Policy addresses the privacy of visitors to our websites. It identifies the type of data and information we collect from visitors, how we use and disclose it, and the steps we take to protect privacy.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
By accessing and continuing to use this Web site, you acknowledge that you have read and understand our privacy statement and freely consent to the information collection and use practices described in our Privacy Policy statement.
PARTICIPATING MERCHANT POLICIES
Web sites that may be linked to or from this Web site (including any services and offerings with links to or from this Web site, including vendor sites), or Web sites otherwise affiliated with our sites, may have their own privacy statements that can be viewed by clicking on the corresponding links within each respective Web site. Online merchants and others who participate in this site's services are encouraged to participate in industry privacy initiatives and to take a responsible attitude toward consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants, other third parties, or Web sites which may be linked to or from this Web site, we are not responsible for the privacy practices or content of those sites. We recommend that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
INFORMATION WE COLLECT AND HOW WE USE IT
We collect certain information from and about our users in three ways (in addition to the usage tracking described below): directly from our Web Server logs, with cookies, and from users.
1. Web Server Logs.
When you visit our Web site, we may collect and track information to administer the site and analyze its usage. Examples of information we may track include:
A. Your Internet protocol address
B. The kind of browser or computer you use
C. Number of links you click within the site
D. State or country from which you accessed the site
E. Date and time of your visit
F. Name of your Internet service provider
G. Web page from which you linked to our site
H. Pages you viewed on the site
I. Information your entered on the site
2. Use of Cookies.
We may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a Web page, or navigate within a site, a cookie helps the site recall your specific information on subsequent visits. This simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. We reserve the right to share aggregated site statistics with partner companies, but do not allow other companies to place cookies on this Web site unless there is a temporary, overriding customer value. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Web site.
B. User's Personal Information.
Visitors to our Web site may submit certain information to us, including: name, address, e-mail, telephone number or facsimile number, account number, addresses and other relevant information, which we use to complete business transactions, deliver products and services, administer individual accounts, provide customer support and meet government regulatory requirements. We will not disclose personally identifiable information that we collect from you to third parties (other than our affiliates) without your permission except to the extent necessary to:
A. To fulfill your service requests and offer you similar type services based on our sole-discretion
B. To protect ourselves from liability
C. To respond to legal process or comply with law, or
D. Consummate a merger, acquisition, liquidation or other material corporate transaction affecting us or our Web site.
USAGE TRACKING
We may track non-personal information about your visit, including the domain name and the name of the Web page from which you entered our site, how much time you spent on each of our pages, and the IP address associated with your computer. We may also use certain technologies that allow us to count users who have visited certain pages. We use all of this information to improve the performance and operation of our site. Some of these technologies may be placed or used by third-party service providers to help determine the effectiveness of our advertising campaigns or to quantify usage or site traffic. We prohibit the use of any technologies that surreptitiously collect or access your personal information.
SECURITY
We take your security seriously and take reasonable steps to protect your information. No data transmissions over the Internet can be guaranteed to be 100% secure, though. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. We take reasonable, appropriate steps to protect against unauthorized access to and disclosure of personal information. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, we cannot guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any firewalls or secure server software we may employ. Our employees who handle confidential or proprietary information belonging to us or our customers must treat it accordingly and may not disclose it to unauthorized third parties.
CHANGES TO THIS STATEMENT
We reserve the right, from time-to-time and without advance notice, to update this Privacy Statement to ensure that we continue to serve the best interests of our site users and vendors. We encourage you to review this Statement periodically to stay informed about our information collection and use practices and how we are helping protect the personal information we collect. Your continued use of our service constitutes your agreement to this Privacy Statement and any updates.
CONTACTING US
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at webmaster@locatehomes.com