Terms of Use
TERMS OF USE FOR CONDOREPORTS.COM
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING CondoReports.com (the "SITE"). BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND CONDOREPORTS.COM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
CONDOREPORTS.COM RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THE TERMS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THIS SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
The use of this Site, this server, and the information, documents, graphics and other material available here (the "Data") is subject to the consent of CondoReports.com, which consent is granted solely and exclusively upon the acceptance by the user (the "User" or "you") of each and all of the following terms and conditions. If the User does not agree to and accept all of such terms and conditions, the User may not access or otherwise use the services or Data provided by this Site.
1. General. This site is owned and operated by H & CR Realty, LLC, a Florida limited liability company d/b/a CONDOREPORTS.COM ("CONDOREPORTS.COM", "us" or "we"). CONDOREPORTS.COM has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Site. You may be invited to register at the Site to help us tailor the Services for your personal and business financial needs and to alert you to other products and services for you and/or your business. In registering for the Services, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your business may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.
2. Restrictions on Use. The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, graphics (together with the Data, the "Content"). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of CONDOREPORTS.COM and its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of CONDOREPORTS.COM or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
CONDOREPORTS.COM offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site or the Content. You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by CONDOREPORTS.COM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CONDOREPORTS.COM or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing CONDOREPORTS.COM name or trademarks without the express written consent of CONDOREPORTS.COM.
Any reports generated are for the use of one individual. Sharing accounts and passwords across multiple people is prohibited unless you have a group account with us. Any reproduction of the products, services, and information, except that which is expressly authorized by us, is prohibited. Fair Use citations and quotations of the information, charts, statistics, or related works must reference our copyright and contain a link to CondoReports.com.
Systematic retrieval of the Content or other data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of CONDOREPORTS.COM is strictly prohibited.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site.
The foregoing provisions of Section 2 are for the benefit of CONDOREPORTS.COM, its subsidiaries, affiliates, and its third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of this Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the Content, will be investigated and appropriate legal action will be taken, including without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions.
3. Disclaimer of Warranty; Limitation of Liability; other Disclaimers.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, AND ANY PURCHASED REPORTS OR OTHER DATA (each a "REPORT") IS AT YOUR SOLE RISK. NEITHER CONDOREPORTS.COM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE REAL ESTATE, REPORTS, OR DATA ABOUT WHICH INFORMATION IS POSTED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OR, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CONDOREPORTS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL CONDOREPORTS.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE AND IN ANY REPORTS PURCHASED INDEPENDENT OF YOUR USE OF THE INFORMATION ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CONDOREPORTS.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THIS SITE.
Real estate markets can go up or down in price. Conditions may change very rapidly. CondoReports.com obviously cannot guarantee any future prices, or market direction. You use the Content, web site, products and services at your own risk.
CondoReports.com is not a registered financial advisor. None of the information, products, or services should be construed as financial advice or a recommendation to buy or sell real estate. CondoReports.com products, services, and content are for informational purposes only.
Our products are not Comparable Market Assessments (CMAs) and we are not real estate appraisers. We highly recommend that you use qualified, licensed professionals when conducting any real estate transactions.
4. Indemnification. You agree to defend, indemnify, and hold harmless CONDOREPORTS.COM and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or any information you obtain from the Site or Reports.
5. Trademarks, Patents and Copyrights. All trademarks and service marks of CONDOREPORTS.COM and its subsidiaries or affiliates displayed on the Site are subject to state, federal, and/or international trademark protection. Unless expressly authorized by CONDOREPORTS.COM, you may not use its trademarks or service marks with any product or service that is not provided by CONDOREPORTS.COM, in any manner that is likely to cause confusion among customers, or that might disparage or discredit CONDOREPORTS.COM, or in any manner that violates these terms and conditions. All other trademarks appearing on the Site are the property of their respective owners, including third-party providers of products and services with links to and from the Site.
CondoReports.com™, HousingReports.com™, Condolytics™ and Housinglytics™ are all trademarks of H & CR Realty, LLC and are all pending or registered with the U.S. Patent and Trademark Office. One or more United States patents and patent applications may apply to this Site. Unauthorized use of patented technology and trademarks is strictly prohibited.
COPYRIGHT NOTICE: All Content Copyright © 2008 H & CR Realty, LLC, except where indicated otherwise. All rights reserved worldwide. You may reprint only with express, written permission from copyright holder(s). All Content is proprietary to CondoReports.com and constitutes valuable intellectual property. No materials from any part of any the Site are authorized or intended to be downloaded, transmitted, broadcast, reproduced or in any other way used or otherwise disseminated in any form to any person or entity, except for personal reference. All unauthorized duplication or any other use of materials from the Site, including, but not limited to, auctions sites, newsgroups, e-mail, your own web site, or in offers to resell CondoReports.com products, shall constitute intentional infringement(s) of CondoReports.com intellectual property and shall further constitute a violation of our trademarks, copyrights, and other rights, including, but not limited to, rights of privacy. Without further notice we will prosecute to the fullest extent allowed by law.
6. Third Party Content. Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of CONDOREPORTS.COM.
The Site contains links to third party websites with which CONDOREPORTS.COM has linking arrangement but for which it does not maintain control or assume responsibility. The inclusion of such a link does not necessarily imply endorsement of such sites by CONDOREPORTS.COM or any association with the operators of such linked sites. Any concerns regarding any such third party service or resource, or any link thereto, should be directed to the particular service or resource. In addition, CONDOREPORTS.COM recommends that you review these sites' terms of use and privacy policies.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
CONDOREPORTS.COM users may post comments on CONDOREPORTS.COM via CONDOREPORTS.COM Testimonials, Customer Ratings & Comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. CONDOREPORTS.COM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CONDOREPORTS.COM and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CONDOREPORTS.COM or its affiliates for all claims resulting from content you supply. CONDOREPORTS.COM has the right but not the obligation to monitor and edit or remove any activity or content. CONDOREPORTS.COM takes no responsibility and assumes no liability for any content posted by you or any third party.
7. Computer Damage and Viruses. CONDOREPORTS.COM also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
8. Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. CONDOREPORTS.COM does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
9. Business Associates. The business associates of CONDOREPORTS.COM identified on the Site, if any, are independent contractors of CONDOREPORTS.COM. The business associates are not joint ventures or partners of CONDOREPORTS.COM. No employee or representative of the business associates is under the control of CONDOREPORTS.COM.
10. Changed Terms. CONDOREPORTS.COM has the right at any time to change or modify the terms and conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.
11. Privacy. CONDOREPORTS.COM also suggests that you review CONDOREPORTS.COM Privacy Policy, which applies to the information collected by CONDOREPORTS.COM during your visit and use of the Site, to get a better understanding of CONDOREPORTS.COM policies and procedures regarding the collection and use of personal information.
12. Communications. Many if not most communications between CONDOREPORTS.COM and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and CONDOREPORTS.COM electronically shall satisfy any legal requirements that such communications be in writing.
13. Real Estate Broker/Agent Services and Referral.
CONDOREPORTS.COM is a real estate broker licensed by the State of Florida with its principal corporate offices located at:
800 Brickell Avenue
Penthouse 3
Miami, Florida 33131
Tel: (305) 375-9124
Only upon specifically and separately consenting to such an arrangement, CONDOREPORTS.COM will refer users of www.CondoReports.com who are planning to buy or sell real estate (or both) to real estate agents across the country. CONDOREPORTS.COM does not act as your agent in buying or selling your home for you. Instead, we collect certain basic information from you, and, using this information, we source and refer you to a pre-qualified, licensed real estate agent located in and familiar with your area and your market. If you have an agent in mind but have not committed in writing to use that agent, we can make the referral to that person as long as he or she is licensed and otherwise acting in compliance with all applicable laws and regulations.
In consideration for our services, your real estate agent (this will not cost you anything, as your agent compensates CONDOREPORTS.COM out of his/her commission) will pay CONDOREPORTS.COM a fee known as a "referral fee". Typically, the seller's agent negotiates the commission with the seller as a percentage of the sales price, and then splits this commission at closing with the agent that has represented the buyer. The commission usually comes out of the sales proceeds at closing. Once your purchase or sale has closed, your agent will send CONDOREPORTS.COM's referral fee directly to CONDOREPORTS.COM.
YOUR USE OF THIS WEB SITE AND REQUEST FOR A REFERRAL CONSTITUTE YOUR AGREEMENT TO THESE COMPENSATION ARRANGEMENTS.
ACCURACY OF INFORMATION; CONSENT TO COMMUNICATIONS: You represent that all of the information you have submitted to CONDOREPORTS.COM is true and accurate and that the information belongs to you or that you are authorized to submit it to CONDOREPORTS.COM under the terms and conditions of this Agreement. You authorize CONDOREPORTS.COM to forward this information to licensed real estate brokers and agents that CONDOREPORTS.COM identifies for you. You agree that by requesting a referral, you are expressly inviting the agent(s) and broker(s) to whom you are referred by CONDOREPORTS.COM to communicate with you by email or telephone at the addresses and numbers you have provided or may provide in other communications. (CONDOREPORTS.COM will refer you to no more than one (1) real estate broker unless you request more than one referral). You acknowledge your understanding that these agents and brokers may retain the information you submit whether or not you communicate with them, sign an agreement with them, or complete a real estate transaction with them.
WAIVER OF DO NOT CALL: You understand and agree that by submitting information to CONDOREPORTS.COM through this Web Site, you have contracted with CONDOREPORTS.COM to refer your real estate transaction to a licensed real estate agent and have established a business relationship with CONDOREPORTS.COM. You consent and agree that CONDOREPORTS.COM may contact you using the information you have provided to CONDOREPORTS.COM even if your telephone number is on any state or Federal "Do Not Call" list.
DELAYS: CONDOREPORTS.COM is not responsible for any delay in contacting you or in processing your referral request that may occur if you provide inaccurate information.
AGENTS NOT EMPLOYEES: The real estate agent(s) or broker(s) to whom CONDOREPORTS.COM refers you are not CONDOREPORTS.COM's employees, agents, contractors, or representatives. CONDOREPORTS.COM utilizes a screening and qualification process designed and intended to identify qualified licensees that are appropriate for your transaction in your location based on our experience in the real estate industry. However, CONDOREPORTS.COM has no employment or supervisory control over these agents and is not responsible for their acts or omissions, and makes no warranty or statement as to their qualifications.
14. Miscellaneous. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the state or Federal courts located in Miami-Dade County, State of Florida, acknowledge that venue is proper in Miami-Dade County, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Florida in Miami-Dade County, waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND CONDOREPORTS.COM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
Please contact us with any questions regarding this Agreement.
