Terms and Conditions
1. ACCEPTANCE OF TERMS:
This is a legal document and is the Agreement on Terms of Service (the “ATS”) for our website, www.FindYooour.com (the “Website”). By using our Website, you agree to fully comply with and be bound by the following ATS each time you use our Website. Please review the following terms carefully.
FindYooour, LLC (“FindYooour”) provides its Service (as defined below) to you through its website, subject to this ATS. By accepting this ATS or by accessing or using the Service or Website, you acknowledge that you have read, understood, and agree to be bound by this ATS. If you are entering into this ATS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this ATS. If you do not have such authority, or if you do not agree with this ATS, you must not accept this ATS and may not use the Service.
FindYooour may change this ATS from time to time without prior notice. You can review the most current version of this ATS at any time in our Website. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this ATS is not acceptable to you, stop accessing and using the Service.
This agreement contains warranty disclaimers and other provisions that limit our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing our Website constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit our website immediately and do not use, access and/or browse it further.
FindYooour is an online platform which provides to (i) individuals and businesses such as real estate brokers, accountants, attorneys, real estate appraisers and others with an access to advertise, to promote and to market their services related to the industry of real estate and property; and to (ii) individuals and businesses who are seeking to buy, to sell, to invest, to rent, and to sublet, to finance a real estate transaction, or those who wish to find services to assist or to represent her/his/them in consummating any of these real estate and property transactions (the “Services”). Individuals and businesses under this section are defined as “Customer” or “Customers”. Such Services includes also access to the Website, and to all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through the Website or any additional instrument of communication (collectively referred to as the “Content”). Any new features implemented for the amelioration of the Services are also subject to this ATS.
3. GENERAL CONDITIONS.
b. Membership Fees* / Payment: By registering and opening an account with FindYooour in the Website in order to carry out activity within the scope of the Services, the Customer(s) agree(s) to be bound by the terms of this ATS and to provide FindYooour with all the information necessary to process the monthly or yearly membership fee payment in order to access the Services within the Website. Service(s)’ payment for the membership fee shall be made in full, via Stripe (http://Stripe.com) method of payment. Membership fee shall be on monthly or yearly basis, with an option from the Customer for an automatic renewal.
*For a certain category of new Customer(s), the membership fee with FindYooour for the initial 90 (“Ninety”) days from the date of registration and the opening of the account with FindYooour shall be waived. Thereafter, the membership fee for these Customers will be based on the monthly or yearly membership fee, as provided by FindYooour from time to time.
4. REFUND POLICY:
Any payment made from Customer to FindYooour in relation to membership fee shall not be refunded, under any circumstances.
5. ADDITIONAL TERMS:
Subject to the terms and conditions of this ATS, Customer shall access and use the Services only for lawful purposes. All rights, title and interest in and to the Services and its components will remain with and belong exclusively to FindYooour. Customer shall not (a) sublicense, resell, rent, lease, transfer, assign, or otherwise dispose of, exploit or make the Services available to any third party; (b) use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services or its components, or (c) modify the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. Customer shall comply with any codes of conduct, policies or other notices FindYooour provides to Customer or publishes in connection with the Services. Any software that may be made available by FindYooour in connection with the Services (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved and, except as expressly provided herein, no license or right to use any trademark of FindYooour is granted to you in connection with the Services.
This ATS contains provisions that govern how claims between Customer and FindYooour are resolved. It also contains an arbitration clause, which will, with limited exception, require Customer to submit claims it has against FindYooour to binding and final arbitration.
6. CUSTOMER INFORMATION:
Customer is solely responsible for all data, information, and other materials that it upload, post, advertises, promotes, markets, delivers, provides or otherwise transmits or store, in connection with or relating to the Services (“Customer Information”). Customer is responsible to maintain the confidentiality of its login information and for all activities that occur under its login or account access information. FindYooour reserves the right to access Customer’s account in order to respond to its requests for technical support. By posting Customer Information on or through the Services, Customer hereby does and shall grant FindYooour a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Customer Information in connection with the Services. FindYooour has the right, but not the obligation, to monitor the Services, Content, or Customer Information. Customer further agrees that FindYooour may remove or disable any Content at any time for any or for no reason at all.
Customer understands that the operation of the Services, including Customer Information, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to FindYooour’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, Customer acknowledges that he is solely responsible for adequate security, protection of Customer Information. FindYooour shall not be held liable towards the Customer for any unauthorized access or use of any of Customer Information, or any corruption, deletion, destruction or loss of any of the Customer Information.
7. THIRD PARTIES:
The Services may provide links or other access to other websites, and resources on the Internet. FindYooour has no control over such websites and resources, nor partner websites and resources, and FindYooour shall not be held responsible for and does not endorse such websites and resources. Such third parties, and not FindYooour, are the providers of other websites and resources and are solely responsible for providing any goods or services Customer purchases on third party or partner websites. Customer further acknowledges and agrees that FindYooour shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of such websites or resources. Any dealings Customer has with third parties found while using the Services are between the Customer and the third party, and the Customer agrees that FindYooour shall not be held liable for any loss or claim that Customer may have against any such third party.
8. OTHER SERVICES:
As indicated in Section Three of this ATS, Customer is required to provide FindYooour with a valid Credit or Debit card through which membership fee payment shall be executed. Customer represents that it has full control of these Credit or Debit card and further agrees to hold FindYooour harmless for abuse or unauthorized use of these Credit or Debit Card by third parties
10. REPRESENTATIONS AND WARRANTIES:
Customer represents and warrants to FindYooour that (i) Customer has full power and authority to enter into this ATS; (ii) Customer owns all Customer Information or has obtained all permissions, releases, rights or licenses required to engage in its billing, posting and other activities (and allows FindYooour to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Customer Information and other activities in connection with the Services, and FindYooour’s exercise of all rights and license granted by Customer herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Customer Information contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, sensitive to any particular social group or religion, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
11. UNLAWFUL SERVICES:
FindYooour shall not tolerate Customer(s), who knowingly or not, compromising the integrity of Website and FindYooour, LLC by rendering Services in the Website which is false and untrue. In the event that FindYooour determines that any Services provided by any Customer in the Website can be found to be untrue or false, FindYooour reserves its sole right to terminate the membership of the Customer without further notice, and to take appropriate steps to ensure that any content of such Services is taken off the Website immediately. FindYooour reserves the right to contact any law enforcement authority in connection with the Services offered by a Customer considered to be unlawful.
Customer has the right to terminate its account with the FindYooour at any time by sending a 30 (“Thirty”) day advance notice of termination to the company by email to info@FindYooour.com. FindYooour reserves the right to (i) modify or discontinue, temporarily or permanently, the Services and (ii) refuse any and all current and future use of the Services, suspend or terminate Customer’s account or use of the Services and remove and discard any of Customer Information in the Services, for any reason. FindYooour shall not be liable to Customer or any third party for any modification, suspension or discontinuation of the Services. FindYooour may use good faith efforts to contact Customer to warn him prior to suspension or termination of Customer’s account by FindYooour. All accrued rights to membership fee payment(s) and the terms of Section 4 hereinabove shall survive termination of this ATS, and all fees paid to FindYooour are NON-refundable.
13. LIMITATION OF LIABILITY:
In addition, to the extent permitted by applicable law, FindYooour (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) is not liable, and Customer agrees not to hold FindYooour responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: Customer’s use of or his inability to use the Services; pricing or other guidance provided by FindYooour; delays or disruptions in the Services; viruses or other malicious software obtained by accessing, or linking to, the Services; damage to Customer’s hardware device from the use of the Services; the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly untrue or false information provided in the Services; a suspension or other action taken with respect to Customer’s account or breach of the ATS; the duration or manner in which the Customer’s listings appear in search results on the Website.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. IN THESE STATES, FINDYOOOUR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraphs, in the event that FindYooour is found to be liable, the company’s liability to Customer or to any third party is limited to a maximum of $100 (“One Hundred Dollars”).
14. DISCLAIMER OF WARRANTIES:
CUSTOMER AGREES THAT HE/IT IS MAKING USE OF THE SERVICES AT HIS/ITS OWN RISK, AND THAT THEY ARE BEING PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FINDYOOOUR EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. NO WAIVER:
The failure of FindYooour to exercise or enforce any right or provision of this ATS shall not be a waiver of that right. Customer acknowledges that this ATS is a contract between Customer and FindYooour, and it governs Customer’s use of the Services and takes the place of any prior agreements between Customer and FindYooour.
Customer may not assign this ATS without the written consent of FindYooour. On the other hand, FindYooour may assign or transfer this ATS, in whole or in part, without restriction at its sole discretion.
Customer agrees to indemnify, defend and hold FindYooour and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Customer’s violation of this ATS or use of the Website or the Services.
18. GOVERNING LAW AND JURISDICTION:
This ATS shall be governed by the laws of the State of New York without regard to the principles of conflicts of law. Unless otherwise elected by FindYooour in a particular instance, Customer hereby expressly agrees to submit to the exclusive personal jurisdiction of the federal and state courts of New York County, New York for the purpose of resolving any dispute relating to Customer’s access to or use of the Services.
Any legal controversy or legal claim arising out of or relating to this ATS and/or the Services, with the exclusion of any legal action taken by FindYooour to collect or recover damages for, or obtain any injunction relating to intellectual property, and the Services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party in this agreement may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York, necessary to protect the rights or property of Customer and FindYooour pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
If any provision of this ATS is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions of the agreement.
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