9. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
11. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Company, Member Services, Member Services Site and/or the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Company MAKES NO WARRANTY THAT: (A) THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL BE ACCURATE OR RELIABLE. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND MEMBER SERVICES SITE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE, MEMBER SERVICES SITE OR Company. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Company, THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, OR ANY OTHER Company PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR MEMBER SERVICES SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR MEMBER SERVICES SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER RELATING TO THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN; AND (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES MADE AVAILABLE ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Company, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Company TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE Company MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company. YOU HEREBY RELEASE Company FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Company. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
14. Third Party Websites. The Site and/or Member Services Site may provide, third parties may provide and/or Company may refer you to, links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
15. Legal Warning. Any attempt by any individual, whether or not an Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Member Services Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the state of Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Miami, Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
17. Miscellaneous. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent that anything in or associated with the Site, Great Real Estate Works, Member Services Site and/or Member Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
18. Customer Service. If you have any questions, please email email@example.com
You may also send a letter to:
Great Real Estate Works
4150 SW 28th Way
Fort Lauderdale, FL 33312