Florida Mortgages for UK Residents
Terms and conditions
Introduction
The services offered on this website ("the Services") are provided to you subject to the following terms and conditions (the "Terms"). In these Terms, "You" refers to users of the Website and "Customers" refers to users who purchase any product or Service on the Website. You must agree to these Terms as a condition of accessing any and all parts of the website. By accessing any and all parts of this website you acknowledge that you have read and understood these Terms and agree to be bound by them without limitation, exception, or qualification. You further understand, agree and acknowledge that the services and your use of them are exclusively governed by these Terms, and that these Terms cannot be modified by you. You also understand, agree and acknowledge that Owner may remove and discard your account and password, and any content posted by you, with or without notice to you, if you are believed to have violated or acted inconsistently with these Terms.
Access to this site
You are solely responsible for hardware and telecommunications to access this site. You agree you will not use any part of it for commercial purposes without Owner's prior express written permission. You agree you will not interfere or attempt to interfere with the proper working of the site, or take any action that imposes an unreasonable or disproportionately large load on the Website or the computer systems and infrastructure used by Owner and his affiliates and business partners. You agree you will not spam any other user of the Website for any reason, by means of the Website or otherwise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree not to modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Website or any software or programming related thereto. Any access or attempt to access any areas of Owner's computer system, or information contained on the system, except for the Website and information contained therein, for any purpose, is strictly prohibited.
User accounts
You will receive a password during the registration process which is for your use only. You are fully responsible for maintaining the confidentiality of your password and all actions taken on the Website after access is obtained by means of your password. You agree to immediately notify Owner by e-mail on support@usa-bound.com of any unauthorized use of your password or account or any other breach of security relating to the Website. By opening an account with us you consent to receive e-mails related to this account from us. It is your responsibility to ensure that you keep our record of your e-mail address accurate and current. Notices sent to the e-mail address last provided by you to Owner shall be valid and binding on you regardless of whether such address has changed, expired, been cancelled, been terminated, or otherwise become inoperative.
Use of the site
The Website is for the exclusive use of buyers, sellers and renters of real estate and related service providers, as well as prospective buyers, sellers and renters. Subject to the Terms contained herein, Owner hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, world-wide license to use the Website, which shall include the right to search, display and print the property listings appearing on the Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Owner reserves any rights not expressly granted herein. You may not search, display, print, distribute, copy, reproduce, publish, download, or transmit any material on the Website for commercial use without prior written approval of Owner. You may not mirror this Website on any other server or website or display it within a browser frame, regardless of means, without prior written permission from Owner. The Owner reserves the right to monitor your access and use of the Website and your compliance with the Terms hereof without notice to you.
Use Restrictions
You agree not to post, transmit, e-mail, re-transmit or store material on, through or from the Website which, in the sole judgment of Owner: (1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You shall be responsible for determining what laws or regulations are applicable to your use of the Website. You may only use the Website in a manner that, in Owner's sole judgment, is consistent with the purposes of the Website. If you are unsure of whether any contemplated use or action is permitted, please contact Owner immediately on support@usa-bound.com for clarification.
Proprietary content
The operation, design, software (including source, libraries and functions) and documentation, know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof, shall remain the sole and exclusive property of Owner, and you shall have and acquire no interest in them whatsoever. All information, content and materials that appear on the Website, including, without limitation, text, photographs, images, pictures, graphics and other files, and the selection and arrangement thereof, but excluding information, content and materials that are submitted to the Website by users thereof, are copyrighted materials of either Owner, Lemon Tree Marketing, or Florida Bound Realty (the "Copyrighted Works"). With the exception of the CBIA, NAHB and Equal Housing Lender logos (located at the bottom of each page), all the trademarks, service marks, trade names, trade dress and logos used and displayed on this Website (including all page headers, custom graphics, button icons, and scripts), but excluding marks, names and logos submitted to the Website by users thereof, are registered and unregistered trademarks, service marks, trade names, trade dress and logos of Owner, Lemon Tree Marketing, or Florida Bound Realty (the "Trademarks"). You acknowledge that the Copyrighted Works and Trademarks used and displayed on this Website are and shall remain the sole property of their owner. Nothing in this Agreement shall confer any right of ownership of any of the Copyrighted Works or Trademarks in you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise any license or right to use any of the Copyrighted Works or Trademarks used or displayed on the Website, without the express written permission of Owner. Neither the Copyrighted Works nor the Trademarks may be copied, imitated or used, in whole or in part, without the prior written permission of Owner. The CBIA, NAHB and Equal Housing Lender logos refer to Florida Bound Realty and not Owner. Owner does not create, make, author, write, print or otherwise produce any of the property listings that appear on the Website, including but not limited to the text, photographs, images and links to third party websites contained therein. All property listings are produced and submitted to the Website by others.
Listing of properties - user submitted information
You warrant that you own and are authorized to offer for sale and to sell any property you submit to this website for listing. You represent and warrant that any information, photographs, images, graphics, video, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You are solely responsible for the contents of your submissions or messages intended for Owner or third parties, made to or sent from the Website or otherwise, and same shall be treated as non-confidential and non-proprietary. You grant to Owner a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable right, in any media, to exercise all copyright and other intellectual property rights with respect to such submissions or messages. You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites, reproduced, used, sub-licensed, posted, or published by Owner, and searched, displayed, printed or otherwise used or exploited by Owner's users. You agree not to post, transmit, e-mail, re-transmit or store material on, through or from the Website which, in the sole judgment of Owner: (1) is in violation of any local, state, federal or non-United States law or regulation, (2) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (3) violates the rights of any individual, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. Owner does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Owner. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Owner and his business partners and affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Finalisation of properties
Option A: any Customer who selects this plan shall be responsible for paying a one-time fee of the amount specified. The Customer is responsible for periodically extending the listing if desired. If Owner has not been notified that the property has sold at least seven days in advance of the advertisement expiry, Owner reserves the right to e-mail the Customer, inviting them to renew their advertisement. If the property has sold, it is the responsibility of the Customer to remove the listing from the Website. If a Customer wishes to cancel their Option A listing within 24 hours of purchase and notifies Owner of this wish within 24 hours of purchase then Owner will arrange for the charges on such purchase to be voided, reversed, or credited. Once 24 hours have elapsed, no refunds will be given. For any refund obtained, Owner reserves the right to charge a $20 fee for services rendered.
Option B: any Customer who selects this plan will be sent a number of forms by Florida Bound Realty, the content of which they must read, understand, and agree to before any messages from prospective buyers will be forwarded to them. Florida Bound Realty is a Real Estate Broker licensed in the State of Florida and only properties located in Florida can be advertised with Option B. If the Customer does not agree to the Terms of these forms then they are no longer eligible for Option B and they must either choose Option A or delete their property from the site and market it by alternative means.
Termination
You understand, acknowledge, and agree that Owner, in his sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
Disclaimers and Limitation of Liability
While Owner makes reasonable efforts to include accurate and up-to-date information, he makes no warranties or representations as to the accuracy of the data or information available on the Website and assume no liability or responsibility for any error or omission in the such data or information. OWNER DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Owner has no responsibility for actions of third parties or for information provided or posted by others. USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER OWNER NOR ANY OF HIS AFFILIATES, BUSINESS PARTNERS OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. OWNER AND HIS AFFILIATES, BUSINESS PARTNERS AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law. THIS WEBSITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. OWNER DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL OWNER, HIS BUSINESS PARTNERS OR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNER, HIS BUSINESS PARTNERS, AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL OWNER, HIS BUSINESS PARTNERS OR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, HIS BUSINESS PARTNERS, AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ; (2) OWNER'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
Dispute Resolution
Any claim or controversy arising out of or relating to these Terms, to the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Diego County, California. 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, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by Owner from AAA's pool of arbitrators. In any arbitration, Owner will pay the filing fee, plus the costs associated with the arbitrator for 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 and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in San Diego County, California. The arbitrator 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. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND OWNER WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.
Limitations Period
YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH OWNER OR ITS AFFIATES OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
Additional Terms and Modifications to the Terms
We may change the Terms from time to time without prior notification to you. Each time you access the Website, you will be governed by the Terms then present on the Website and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
Modifications to the Services
We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Website with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Website or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Website, changes to the format of a property listing or any other part of the Website, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Website. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
Miscellaneous
The Terms constitute the entire, exclusive, and final statement of the agreement between you and Owner with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Owner to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to Owner, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.