TERMS AND CONDITIONS
1. Assent to Terms and Conditions.
Before using www.onethousandocean.com/brokers (this "Site"), owned by BRE/POINT PARCEL L.L.C. ("Developer", "We" or "Us"), please read these Terms and Conditions carefully. You ("Cooperating Broker" or "you") signify your acceptance of these Terms and Conditions by continuing to access or use this Site, or any service available on this Site. If you do not agree to these Terms and Conditions, please do not use this Site. Each time you use this Site, the current version of the Terms and Conditions will apply. Accordingly, when you use this Site, you should check the date of the Terms and Conditions (which appears above) and review any changes since the last version. Any terms and/or conditions proposed by you which are in addition to or which conflict with these Terms and Conditions are expressly rejected by Us and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
2. Description of Portal Services.
This Site provides you with access to an on-line service (the "Service"), which is intended to facilitate the distribution of marketing information and materials related to the One Thousand Ocean condominium complex (the "Condominium"). As a Cooperating Broker, you are eligible to use the Service in connection with the sale of Condominium units to your clients. It is your sole responsibility to obtain access to the Internet in order to use this Site and the Service and You are responsible for paying any service fees associated with such Internet access. In addition, you must supply all equipment necessary to connect to the Internet, including a computer, a modem or other access devices. We are not responsible for providing you with such access or equipment. Unless explicitly stated otherwise, any new features, which enhance or augment the Site and the Service shall be subject to these Terms and Conditions.
We are solely providing an administrative service to you and We do not guarantee that your use of this Site, the Service or any marketing information or materials provided to you through the Service will result in the sale of any Condominium units by you. We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on this Site, the Service or any marketing information or materials provided to you through the Service.
By accessing this Site, you agree to strictly abide by the Editorial Guidelines contained within the Site. For review of the Editorial Guidelines, click [Editorial Guidelines].
3. Obligations to Keep Information Accurate and Up To Date.
In consideration of your use of this Site and the Service, you agree to: (a) provide information about yourself that is true, accurate, current and complete as prompted by the log in process and as required in all other areas of this Site and (b) at all times, maintain and promptly update your information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the this Site and/or the Service.
4. Membership Account, Password and Security.
You will be required to create a password and account designation to log in to this Site. You agree to be responsible for: (a) maintaining the confidentiality of your passwords or other account identifiers and (b) all activities that occur under such password or account identifiers. You agree to notify us of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.
We may terminate your use of this Site and participation in the Service with or without cause at any time and effective immediately. You may terminate your use of the Site and participation in the Service, with or without cause, by calling [561-869-5000] or by sending an e-mail to email@example.com] to request termination of your use of the Site and participation in the Service, and by destroying all marketing information and materials provided to you through the Service.
7. Intellectual Property.
This Site, the Service, and all Site design, including but not limited to the text, content, photographs, video, audio, interfaces, graphics and the selection, arrangement, organization, coordination, compilation and overall look and feel of this Site as well as the marketing information and materials provided to you through the Service (“Content”) is protected by patents, copyrights, trademarks, service marks, international treaties and/or other intellectual and proprietary rights and laws of the United States and other countries. Any use of the Content on this Site, other than as specifically permitted hereunder, is absolutely prohibited.
Developer grants you a limited license to access and make personal use of this Site and the Service. You acquire absolutely no rights or licenses in or to this Site, the Service or the Content except as stated herein. You may only use the Content retrieved from this Site in connection with marketing and promoting the Condominium and the sale of Condominium units. You agree not to engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein. If you download or print a copy of the Content, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to this Site, the Service and the Content.
The license granted hereunder does not include any downloading or copying of account information for the benefit of any third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting 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; any action that imposes or may impose (in Developer's sole discretion) an unreasonable or disproportionately large load on the Site's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Us to prevent or restrict access to this Site. Any unauthorized use by you shall terminate the permission or license granted to you by Us hereunder.
9. Disclaimer of Warranties.
THIS SITE, THE SERVICE, AND ALL CONTENT ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY. THIS SITE AND THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
DEVELOPER AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE AND THE SERVICE (“RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THIS SITE, THE SERVICE AND THE CONTENT AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THIS SITE, THE SERVICE OR ANY PARTS THEREOF; (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR THE SERVICE; (E) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF CONTENT OR OTHER DATA ON THIS SITE; (F) ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND (G) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THIS SITE OR THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THIS SITE AND THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability.
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (A) THIS SITE, THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR THE SERVICE; (B) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THIS SITE AND/OR THE SERVICE); (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE AND/OR THE SERVICE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN; OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE OR THE SERVICE BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE RESERVE THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THIS SITE, THE SERVICE OR THE CONTENT ON THIS SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
11. Representations and Warranties.
By using this Site, you represent and warrant that you have read, acknowledge and agree to be bound by these Terms and Conditions. You further represent and agree that: (a) you have the power and authority to agree to these Terms and Conditions; (b) you are at least eighteen (18) years old; (c) you will comply with all US law regarding the transmission of any data obtained from this Site or the Service in accordance with these Terms and Conditions, (d) you will not use this Site and/or the Service for illegal purposes or in any manner in consistent with these Terms and Conditions; and (e) you will not interfere or disrupt networks connected to this Site and/or the Service.
You agree to indemnify, defend and hold harmless the Released Parties from and against any and all losses, liabilities, damages, costs or expenses (including attorneys’ fees and costs) arising out of a claim by a third party by reason of: (a) a breach of any warranty, representation, covenant or obligation you have made under these Terms and Conditions or (b) your use of and access to this Site and/or the Service.
All provisions that by their terms must survive termination of these Terms and Conditions shall survive such termination, including, without limitation, all provisions relating to disclaimers, limitation of liability, indemnification and governing law.
14. Jurisdiction and Governing Law.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. Any dispute arising out of or relating to these Terms and Conditions, or your access or use of this Site or the Service, will be subject to the exclusive jurisdiction of the court located within the County of Palm Beach in the State of Florida, and you hereby submit to the personal jurisdiction of such courts.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Developer without restriction.
16. Changes to the Terms and Conditions.
We reserve the right to update or modify these Terms and Conditions at any time and without prior notice, by posting the revised version of these Terms and Conditions on this Site.
17. Captions and Headings.
The captions and headings appearing in these Terms and Conditions are for reference only and will not be considered in construing this agreement.
If any provision of the Terms and Conditions, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms and Conditions will remain in full force.
19. Entire Agreement.
These Terms and Conditions contain the entire understanding and agreement between you and Developer with respect to your use of this Site and the Service, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.