Web Services, IMAData, trade names & affiliates ("Web Services, IMAData, trade names & affiliates") and any Account (each a "Service" and collectively the "Services") is offered to you, the "User," conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of this Web Services, IMAData, trade names & affiliates and your agreeing to "Accept" the terms constitutes your agreement to all such terms, conditions, and notices. The terms, conditions and notices contained in this agreement shall be governed by the laws of the State of Florida, and the "User" submits to the laws and jurisdiction in the State of Florida concerning its use of this Web Services, IMAData, trade names & affiliates.
All of the information you have provided in this referral form is true and complete. You authorize Web Services, IMAData, trade names & affiliates to forward your information to its network of real estate professionals. You understand that these real estate professionals may keep this information, whether or not you complete a real estate transaction with them. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you regarding real estate information, using email, telephone, or text – including the use of auto dialed and/or pre-recorded calls or automated text messages to the phone number you provide, and you hereby consent to any such calls and/or text even if your phone number is on any federal, state or other Do Not Call list. Your use of this Web Services, IMAData, trade names & affiliates constitutes your agreement with this compensation arrangement.
All contents of this Web Services, IMAData, trade names & affiliates are: Copyright © Web Services LLC and its suppliers, affiliates, vendors, or real estate professionals.
Web Services, IMAData, trade names & affiliates intends that the information contained in its Web Services, IMAData, trade names & affiliates be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Web Services, IMAData, trade names & affiliates at any time. THIS Web Services, IMAData, trade names & affiliates AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Web Services, IMAData, trade names & affiliates AND ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS Web Services, IMAData, trade names & affiliates AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND PRIVACY. USE OF THIS Web Services, IMAData, trade names & affiliates IS AT YOUR OWN RISK. Web Services, IMAData, trade names & affiliates AND ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS Web Services, IMAData, trade names & affiliates OR WITH THE DELAY OR INABILITY TO USE THIS Web Services, IMAData, trade names & affiliates, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS Web Services, IMAData, trade names & affiliates, OR OTHERWISE ARISING OUT OF THE USE OF THIS Web Services, IMAData, trade names & affiliates, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Web Services, IMAData, trade names & affiliates AND ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
While using the Services you will comply with all applicable laws, rules and regulations. In addition, Web Services, IMAData, trade names & affiliates expects users of the Services to respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Services pursuant to Section titled "Suspension or Termination of Access to Our Services."
In using the Services, you agree that you will not, and will not allow or authorize any third party to:
Notwithstanding any provision to the contrary in these Terms, you agree that Web Services, IMAData, trade names & affiliates may, in its sole discretion and with or without prior notice, for any or no reason, suspend or terminate your access to any or all of the Services and/or block your future access to any or all of the Services, including without limitation for any of the following reasons: (a) if we determine that you have violated any provision, or the spirit, of these Terms, (b) in response to a request by a law enforcement or other government agency, (c) due to discontinuance or material modification of any of the Services, or (d) due to unexpected technical issues or problems. Web Services, IMAData, trade names & affiliates shall not be liable to you or any third party for any termination of your access to any part of the Services. The rights and obligations of these Terms which by their nature should survive, shall so survive any termination of your use of the Services.
As a condition of use of this Web Services, IMAData, trade names & affiliates, you agree to indemnify Web Services, IMAData, trade names & affiliates and its suppliers and real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web Services, IMAData, trade names & affiliates.
You hereby represent, acknowledge and affirmatively state that they are in compliance with the Telephone Consumer Protection Act ("TCPA") and other State and Federal regulations as currently in effect and as may be amended from time to time ("Regulations"). Such compliance shall include but not be limited to those amendment and/or changes to the TCPA which take effect as of October 16, 2013. You agree to indemnify and hold harmless Web Services, IMAData, trade names & affiliates and its officers, directors, employees and agents from any and all claims, damages, fees and costs brought against or incurred by Web Services, IMAData, trade names & affiliates as a result of any administrative, legal or other proceeding or action arising as a result of your breach or failure to comply with any Regulations. This provision shall survive the expiration or termination of any Agreement between you and Web Services, IMAData, trade names & affiliates.
Web Services, IMAData, trade names & affiliates is in no way providing any legal or financial advice relating to the sale or purchase of your property. Web Services, IMAData, trade names & affiliates highly recommends seeking the advice of a licensed real estate agent or broker before selling or buying a house.
This Web Services, IMAData, trade names & affiliates may contain links to Web Services, IMAData, trade names & affiliatess maintained by third parties. Such links are provided for your convenience and reference only. Web Services, IMAData, trade names & affiliates does not operate or control in any respect any information, software, products or services available on such Web Services, IMAData, trade names & affiliates. Web Services, IMAData, trade names & affiliates inclusion of a link to a Web Services, IMAData, trade names & affiliates does not imply any endorsement of the services or the Web Services, IMAData, trade names & affiliates, its contents, or its sponsoring organization. Any real estate broker or agent referred to you from this webWeb Services, IMAData, trade names & affiliates shall not be construed as an agent of Web Services, IMAData, trade names & affiliates.
Web Services, IMAData, trade names & affiliates is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems.
Any claim or controversy arising out of or relating to the use of this Web Services, IMAData, trade names & affiliates, to the goods or services provided by Web Services, IMAData, trade names & affiliates, or to any acts or omissions for which you may contend Web Services, IMAData, trade names & affiliates is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Broward County, FL. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Web Services, IMAData, trade names & affiliates. In any arbitration, Web Services, IMAData, trade names & affiliates will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Broward County, FL. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Web Services, IMAData, trade names & affiliates WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Web Services, IMAData, trade names & affiliates's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Web Services, IMAData, trade names & affiliates, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Broward County, FL. In the event Web Services, IMAData, trade names & affiliates employs attorneys to enforce any right in connection with any Dispute or lawsuit, Web Services, IMAData, trade names & affiliates shall be entitled to recover reasonable attorneys' fees.