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BY USING MIAMI CASA BUYERS, LLC WEBSITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE AGREEMENT AND PRIVACY POLICY (THIS “AGREEMENT”) BETWEEN YOU AND MIAMI CASA BUYERS, LLC.
GENERAL INFORMATION.
1.1. Changes. MIAMI CASA BUYERS, LLC reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the website.
1.2. Notices of Changes. Any notice or statement of changes/modifications described in Section 1.1 above will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the website after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.
THE SERVICE AREA.
2.1. The “Service Area” shall mean all areas and aspects of the Service including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the website (collectively referred to herein as “Information”), Miami Casa Buyers, LLC’s computers or network and any subscription or software, product, service, or information provided by Miami Casa Buyers, LLC. – Miami Casa Buyers, LLC has entered contractual relationships with certain vendors, sponsors, and advertisers of products or services (the “Vendors”), pursuant to which Miami Casa Buyers, LLC may link to or display Information, advertisements, discounts, products, goods, or services offered by the Vendors. Miami Casa Buyers, LLC does not guarantee the availability or accuracy of any such Vendor Information or offers, nor does it endorse, guarantee nor insure any Vendor products or services.
2.2. Miami Casa Buyers, LLC shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of Miami Casa Buyers, LLC does not constitute an offer, but are merely solicitations of an offer.
LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content of the website provided by Miami Casa Buyers, LLC., including, but not limited to, all text, photos, graphics, audio, software, presentations in any format and/or video is copyrighted by Miami Casa Buyers, LLC., or its affiliates or subsidiaries. Copyright © 2019 Miami Casa Buyers, LLC. All rights reserved.
Miami Casa Buyers, LLC and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Miami Casa Buyers, LLC. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the website or portion thereof, must include Miami Casa Buyers, LLC copyright notice.
3.2. Notice of Copyright Infringement. Miami Casa Buyers, LLC respects the copyrights of others.
3.3. Restricted Use of the Site. You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which: (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the Service.
3.4. Your Submission of Messages. You hereby grant Miami Casa Buyers, LLC to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages or other materials posted by you on the Service or any e-mail sent by you to Miami Casa Buyers, LLC (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.
3.5. Public messages. All electronic forums made available to users of the Service are the sole property of Miami Casa Buyers, LLC and are not a public forum. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than Miami Casa Buyers, LLC (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. You assume total liability for all Third-Party Content that you upload, post, email or otherwise transmit via the Service. Miami Casa Buyers, LLC assumes no liability for any such Third-Party Content. You agree not to use the Service to:
upload, post, e-mail or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an official or representative of Miami Casa Buyers, LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
upload, post, e-mail or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, e-mail or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, e-mail or otherwise transmit any material that contain 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 or network;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
“stalk” or otherwise harass another; or collect or store personal data about other users.
You acknowledge and agree that Miami Casa Buyers, LLC may preserve Third-Party Content and may also disclose Third-Party Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates the rights of other third-parties; or (d) protect the rights, property, or personal safety of Miami Casa Buyers, LLC, its users, or the public.
You agree to allow Miami Casa Buyers, LLC to access advertising data for tracking within the site using Google Analytics or similar.
ACCESS AND DELAYS IN SERVICES.
Miami Casa Buyers, LLC, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the website. Further, Miami Casa Buyers, LLC, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
MONITORING OF SITE.
You acknowledge that Miami Casa Buyers, LLC reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.
REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
6.1. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the website are compiled from sources which may be beyond the control of Miami Casa Buyers, LLC.; though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Miami Casa Buyers, LLC, its licensors and Vendors do not warrant the accuracy or suitability of any such Information. Neither Miami Casa Buyers, LLC nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” MIAMI CASA BUYERS, LLC AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, MIAMI CASA BUYERS, LLC AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
6.2. You assume all risk of errors and/or omissions in the website, including the transmission or translation of data. You assume full responsibility for implementing enough procedures and checks to satisfy your requirements for the accuracy and suitability of the website, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT MIAMI CASA BUYERS, LLC USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEBSITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD MIAMI CASA BUYERS, LLC HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. LIMITATION OF LIABILITY. YOU AGREE THAT MIAMI CASA BUYERS, LLC AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER.
6.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS MIAMI CASA BUYERS, LLC AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES,
OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
PRIVACY. 8.1. Privacy. Records of your use of the website is the sole property of Miami Casa Buyers, LLC and is protected by and subject to the U.S. Electronic Communications Privacy Act, as amended, or any successor statute. Miami Casa Buyers, LLC reserves the right to use such information for its marketing, franchising and membership endeavors. Your personally identifying information will not be shared with any third party, with the following exceptions:
Information that Miami Casa Buyers, LLC in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena;
Information revealed during Miami Casa Buyers, LLC enforcement of the policies and procedures of the website, the terms of this Agreement, or during any disciplinary actions;
Information in a manner expressly permitted by the provisions of this Section 8;
Information that Miami Casa Buyers, LLC in good faith determines must be disclosed to correct what it believes to be false or misleading information or to address activities that Miami Casa Buyers, LLC believes to be manipulative, deceptive or otherwise a violation of law; or unless you are otherwise notified at the time, we collect the data. Note also, your electronic mail address may become public when you participate in website electronic forums.
8.2. Privacy of Minors. Protecting the privacy of children is especially important. Miami Casa Buyers, LLC does not knowingly collect information about children and will delete any such information that it discovers or is made aware of.
8.3. Nonpublic Personal Information. “Nonpublic Personal Information” is the nonpublic information about you that is obtained from you in connection with providing you a financial product or service such as a loan or mortgage. Miami Casa Buyers, LLC and its advertisers may collect nonpublic personal information from the online forms you complete in order to obtain the financial product or service, from information collected as a result of your transactions with Miami Casa Buyers, LLC, our advertisers or others, and from consumer reporting agencies.
Miami Casa Buyers, LLC will not disclose any nonpublic personal information about our current or former customers and consumers to anyone, except as permitted or required by law, or as described below.
We may disclose any information we collect about you to our affiliates who offer related goods and services, and to nonaffiliated third parties that perform services on our behalf, including marketing services, or other financial institutions with whom we have joint marketing agreements.
If we collect nonpublic personal information from you to provide third-party financial products and services requested by you, such third-party’s use of your personal information will be subject to their privacy policy as disclosed to you by them.
We have procedures in place that limit access to nonpublic personal information to those employees and other individuals who need to know such information to provide products and services to you. We will maintain physical, electronic, and procedural safeguards to protect the confidentiality of your nonpublic personal information as required by law.
UNSOLICITED E-MAIL AND DIRECT MARKETING.
9.1. Unsolicited E-mail. Miami Casa Buyers, LLC supports responsible e-commerce. Miami Casa Buyers, LLC does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail (“SPAM”).
9.2. Electronic Direct Marketing Programs.
Miami Casa Buyers, LLC may develop and participate in electronic direct marketing to users of the website who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Miami Casa Buyers, LLC does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in Miami Casa Buyers, LLC electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Miami Casa Buyers, LLC then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Miami Casa Buyers, LLC. In addition, users may elect to be removed from such lists at any time by sending a message to info@MiamiCasaBuyers.com
9.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to Miami Casa Buyers, LLC by forwarding the unedited message with the full message header to info@MiamiCasaBuyers.com
9.4. Reservation of Rights. Miami Casa Buyers, LLC reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Miami Casa Buyers, LLC, in its sole discretion, to be objectionable. Miami Casa Buyers, LLC reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, such person has used or intends to use the Service in violation of this policy. A failure of Miami Casa Buyers, LLC to exercise any right provided for herein shall not be deemed to be a waiver of such right.
MISCELLANEOUS
10.1. Governing Law; Limitations; Venue.
The laws of the State of Florida, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose. Further, any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Miami-Dade County, Florida and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Florida as your agent for service of process. You agree to waive any objection that the state or federal courts of Miami-Dade County, Florida, are an inconvenient forum.
10.2. Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Miami Casa Buyers, LLC. Any assignment other than as provided for in this Section 10.2 shall be null and void.
10.3. Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision to render it enforceable (or, if it is not possible to reform such provision to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
10.4. U.S. Government Restricted Rights; Export. The materials on the website are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Miami Casa Buyers, LLC’s proprietary rights in them. You may not use or export the Information or any other materials on this website in violation of U.S. export laws and regulations.
10.5. Termination. Miami Casa Buyers, LLC may terminate or suspend your use of the website for any reason. Termination or cancellation of your use of the website shall not affect any right or relief to which Miami Casa Buyers, LLC may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Miami Casa Buyers, LLC.
10.6. Notice. Official correspondence must be sent via postal mail to:
Miami Casa Buyers, LLC
P.O. Box 830235
Miami, FL 33283
10.7. Entire Agreement. This Agreement is complete and effective at the time you begin use of the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Miami Casa Buyers, LLC. Any inconsistencies existing between this agreement and any future published terms or understanding, the last published agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MIAMI CASA BUYERS, LLC.
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www.ewizerlaw.com
