“We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.”
Royal Palm Estates Realty, Inc., a Florida corporation and its affiliates, fully support the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). In addition, Royal Palm Estates Realty complies with all laws, rules and regulations applicable to the real estate industry, including, without limitation, the requirements imposed by the Fair Housing Act.
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status or national origin, or intention to make such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed and hereby acknowledge that all dwellings advertised are available on an equal opportunity basis.
Royal Palm Estates Realty, Inc.
Last modified September 2, 2016
Introduction
Royal Palm Estates Realty, Inc. a Florida corporation, operates the website at https://www.rperealty.com/ (“Site”). This Privacy Policy gives a user of the Site (referred to as “you” or “a user”) specific information about how we protect your privacy, how we treat information we collect on the Site that identifies an individual user (“Personal Information”), and how we use aggregated information. Royal Palm Estates Realty created this Privacy Policy in order to demonstrate our firm commitment to disclose our current policies regarding your privacy and the confidentiality of your Personal Information. As outlined in this Privacy Policy, we take measures to enhance the protection of your privacy and Personal Information.
BY REGISTERING FOR OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU CANNOT USE THE SITE.
Applicability
This Privacy Policy is intended to apply to you, Royal Palm Estates Realty, its affiliates and all internet websites owned and operated by Royal Palm Estates Realty, including, but not limited to, this Site.
Location of Servers and Transfer of Information to the United States
The Site is hosted by servers in the United States. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing and use there in accordance with this Privacy Policy.
Scope of this Privacy Policy
This Privacy Policy applies to your use of websites owned and operated by Royal Palm Estates Realty, including, but not limited to, this Site. Sales associates may operate or control separate websites. This Privacy Policy does not apply to a sales associate’s website or to a sales associate’s collection, use, storage and disclosure of your Personal Information.
1. Collection and Use of Your Personal Information
We collect your Personal Information on the Site to enhance the services we offer. We collect Personal Information from you only when you voluntarily submit it in order to obtain certain services or information, including, but not limited to, (A) registrations for special communications, such as saving a search for you and, if you request it, sending you new listings that fit the profile of your saved search; (B) requests to find a property, to list your property and/or to find a sales associate; (C) requests to contact us; (D) requests to receive periodic updates; (E) requests to email a listing to a friend; (F) applications for employment; and/or (G) inquiries about employment opportunities.
Requests to Find or List a Property and to Find a Sales Associate
If you submit a request through this Site to find or list a property or to find a sales associate, you will be asked to provide Personal Information and we refer this information to sales associates to respond to your request. For example, if you ask that we list your property or if you ask to see more listings in a given area, you will be directed to a sales associate in that area.
Contacting Us
If you contact us, we collect Personal Information, which may be retained and/or referred to a sales associate depending on the nature of your inquiry. If you are looking for a property or a sales associate, it may be referred to a sales associate; if your inquiry or complaint requires a response from us, it may be referred to the appropriate department for research and a response.
Refer a Listing to a Friend
If you choose to send a listing to a friend, you will be asked to provide such friend’s name and email address in order for us to personalize and send the email. We reserve the right to store this information, and the information is may be used to communicate such individuals and/or entities.
Employment Inquiry
If you are seeking employment, you will be asked to provide Personal Information about yourself, which we may use for evaluation.
2. Collection of Non-Personal Information
Even if you do not send us any Personal Information, we may collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below under “Non-Personal Information”.
Cookies
A cookie is a small data file, often including an anonymous unique identifier, which is sent from a website and stored on your computer. Use of cookies is common. A website can send a cookie if your browser’s preferences allow it. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. But if you refuse cookies, some parts of the Site may not function properly and may not provide services or information you have requested. For example, without cookies, we may not be able to provide you with searches that you have asked us to save.
Non-Personal Information
Like many sites, we obtain Non-Personal Information such as IP (internet protocol) addresses, browser types, the name of your ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each page. A vendor performs this service for us by sending a cookie to your computer to gather this information, compile it and report it to us. We may use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research and/or provide anonymous aggregated reporting for internal audits and third parties.
Advertising Networks
We may send to your web browser some of the advertisements you see when you use our Site. However, we may also allow other companies, called third party ad servers or ad networks, to serve advertisements to you from within our Site. Because your web browser must request these advertising banners from the ad network website, these companies can send their own cookies to your cookie file, just as if you had requested a web page from the website. We may authorize our third party ad servers to employ anonymous cookies only for ad delivery and anonymous targeting. Our third party ad servers do not collect, nor do we give them access, to any Personal Information about you.
Opting Out of Third Party Ad Servers
If you want to prevent a third party ad server that we may have a relationship with from sending and reading cookies on your computer, you must visit each ad network’s website individually and opt out (if they offer this capability).
3. Use of Information
We use the Personal Information and the Non-Personal Information we collect on the Site (A) to provide you with the services that you ask to receive through the Site, including saving searches and, if you request it, sending you updates about those searches; (B) to receive, if you choose, to receive periodic updates; (C) to answer your questions or complaints; (D) to refer you to sales associates about finding or listing a property or to locate a sale associate; (E) to refer a listing to a friend; and/or (F) for analytical purposes, to help us improve the Site and for our business generally. We may also use the Personal Information to inform you about other services and products that may be available through us, our affiliated companies and/or companies with which we have a marketing relationship, and to provide you a customer survey to assess your satisfaction with our services and products. We may allow third parties to provide some of these services for us, to serve advertisements on our behalf, and to track and report on the performance of those advertisements. These third parties may use cookies and other technologies to identify your device when you use the Site, as well as when you visit other online sites, and such services will be covered by the privacy policy of those respective third parties. We may use web analytics services and other tracking mechanisms to collect information about the use of the Site.
4. Sharing Your Information
Our policy is not to give, sell or otherwise distribute the information collected through this site to third parties outside of Royal Palm Estates Realty, its subsidiaries and affiliates (unless required by law).
Notwithstanding the foregoing, we reserve the right to share your Personal Information with our affiliated companies and marketing partners, as permitted by law, in order to provide you with full service real estate related services. We do share your Personal Information under certain circumstances, which include, but are not limited to, the following:
A. Third party vendors we engage to provide services on our behalf, such as hosting, website development and support, have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.
B. It may become necessary for us to disclose and use Personal Information and Non-Personal Information, such as: to enforce this Privacy Policy or to protect our property or rights; to protect the safety of anyone; to investigate, prevent or take action regarding illegal or improper activities; to carry out a merger or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction; or for other reasons we determine in good faith are necessary, appropriate or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative process.
C. Notwithstanding anything in this Privacy Policy to the contrary, Royal Palm Estates Realty reserves the right to share or disclose your Personal Information and/or Non-Personal Information if Royal Palm Estates Realty determines, in its sole discretion, that the disclosure of such Personal Information and/or Non-Personal Information is necessary to identify, contact or bring legal action against you if you may be: (i) causing intentional or unintentional injury to another; (ii) interfering with another’s rights and/or property, including Royal Palm Estates Realty’s rights and/or property; (iii) violating any applicable law, rule or regulation; or (iv) such disclosure is required by any applicable law, rule or regulation.
The Site contains links to third party websites. If you hold your mouse over a link, it will indicate whether clicking the link will send you off our Site. When you click on those links, you will go to a third party site where you will be subject to that site’s privacy statement and/or privacy policy and we encourage you to read such privacy statement and/or privacy policy. Please be aware that we are not responsible for the privacy practices of those other websites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information.
5. Security; Email Addresses, Usernames and Passwords
Our Site’s hosting service maintains its systems in accordance with reasonable industry standards to reasonably secure the information of its customers. Royal Palm Estates Realty uses a secure 128k server and SSL encryption technology to help ensure that your submissions and transmissions are kept confidential. However, no data transmission over the internet can be guaranteed to be secure. You use the Site at your own risk. In the unlikely event that an unauthorized third party compromises Royal Palm Estates Realty and/or Royal Palm Estates Realty’s service providers (including, but not limited to, the Site’s hosting service provider), Royal Palm Estates Realty is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions to or through the Site or your Personal Information.
You may be issued a username and/or password by Royal Palm Estates Realty to utilize certain features of the Site. To receive a username and/or password from Royal Palm Estates Realty for use on the Site, you will be required to submit Personal Information. You are responsible for keeping your usernames and passwords, if any, confidential. You are responsible for any access, use or activities on the Site under your email address, username and/or password.
6. Correction/Updating Personal Information
If your Personal Information changes or if you no longer wish to use the Site, you may correct or update your Personal Information or unsubscribe from any industry updates you have requested by modifying or deleting your profile on the Site, writing to customer service at:
Royal Palm Estates Realty, Inc.
4720 NW 2nd Ave, Suite D106
Boca Raton, FL 33431
or sending us an email at [email protected]
7. Children
This Site is not intended to be accessed or utilized by persons under the age of 18, and is not directed to children under the age of 13 (“Children”). We do not knowingly collect any information, including Personal Information, from Children.
8. Questions, Comments & Complaints
If you have questions, comments or concerns regarding this Privacy Policy, please contact [email protected] If you feel that Royal Palm Estates Realty is not abiding by this Privacy Policy at any time, please immediately contact [email protected]
9. Governing Law; Arbitration; Jurisdiction and Venue
This Privacy Policy is to governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association exclusively in Palm Beach County, Florida. The arbitrator shall be selected by you and Royal Palm Estates Realty, and if you and Royal Palm Estates Realty are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Royal Palm Estates Realty and your Royal Palm Estates Realty’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Royal Palm Estates Realty be entitled to punitive damages, and both you and Royal Palm Estates Realty hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
10. Miscellaneous
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy. All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by Royal Palm Estates Realty from time to time, shall survive your acceptance of this Privacy Policy and the termination of this Privacy Policy. This Privacy Policy represents the entire understanding and agreement between you and Royal Palm Estates Realty regarding the subject matter of this Privacy Policy, and supersedes all other previous agreements, understandings and/or representations regarding the same.
Royal Palm Estates Realty developed this Privacy Policy to disclose our current privacy and confidentiality policies to you. However, the internet and real estate industries are rapidly evolving. Royal Palm Estates Realty reserves the right to modify and/or amend this Privacy Policy at any time, in its sole discretion and without notice. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your use of the Site after the date of the last modification listed at the beginning of this Privacy Policy indicates to us that you agree to all changes.
Royal Palm Estates Realty, Inc.
Last modified September 2, 2016
What You Should Know
Welcome to the https://rperealty.com website (the “Site”). The goal of this Site is to provide you with access to a network of residential real estate products/services and related links to meet your needs (the “Content”). Please read these Terms of Use (the “Terms”) carefully before continuing on with your use of this Site. These Terms shall govern the use of the Site and apply to all internet traffic visiting the Site. By accessing or using this Site, you have read, understand and agree to these Terms. The Terms are meant to protect all of our Site visitors and your use of this Site signifies your agreement with these Terms. By using this Site, you represent and warrant to Royal Palm Estates Realty, Inc. a Florida corporation (“We”, “Us”, “Our” and/or “Royal Palm Estates Realty”) that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Royal Palm Estates Realty is legally prohibited to provide real estate related services. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
Royal Palm Estates Realty reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. This Site will permit you to link to many other websites, that may or may not be affiliated with this Site and/or Royal Palm Estates Realty, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such websites through links provided on this Site is governed by the terms of use and policies of those sites, not this Site.
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to these Terms. Your access and use of the Site may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Royal Palm Estates Realty’s equipment, periodic updating, maintenance or repair activities that Royal Palm Estates Realty may undertake from time to time, or other actions that Royal Palm Estates Realty, in its sole discretion, may elect to take. Royal Palm Estates Realty reserves the right to suspend or discontinue the availability of the Site and/or any of its listings and/or features for access and use at any time in its sole discretion and without prior notice to you.
Certain features of the Site are accessible only to registered users. The right to register with the Site and to be issued a username and/or password by Royal Palm Estates Realty is available only to those individuals who provide to Royal Palm Estates Realty the requested accurate, complete and current personal information. You must inform Royal Palm Estates Realty of any changes to or updates of any personal information that you provide to Royal Palm Estates Realty. You may submit changes or updates to our email at [email protected] Royal Palm Estates Realty reserves the right to deny or revoke issuance of any username and/or password at any time and without prior notice. In order to determine your compliance with these Terms, Royal Palm Estates Realty may monitor your access and use of the Site in accordance with Royal Palm Estates Realty’s Privacy Policy for the Site, located on our Privacy Policy web page.
Any action by you that, in Royal Palm Estates Realty’s sole discretion, violates the terms and conditions of these Terms, or restricts, inhibits or prevents any third party from accessing, using or enjoying the Site, or through the use of the Site, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of the Site.
You are responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with internet access or telephone charges incurred with regard to your access and use of the Site.
Privacy
Registration data and certain other information about you are subject to our Privacy Policy, and, by your use of the Site, you hereby agree to our Privacy Policy. For more information, please review our full Privacy Policy.
Your Compliance with Fair Housing Regulations
When you access and use the Site, you agree to abide by applicable federal and state housing regulations with regard to your access and use of the Site. You agree that by or through your access and use of the Site, you shall not discriminate in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. For example, you may not list a property’s availability to certain persons based on race, color, religion, sex, disability, familial status or national origin. Royal Palm Estates Realty reserves the right to refuse to list or post, or to edit, information submitted by you that discriminates on the basis of race, color, religion, sex, disability, familial status or national origin. Pursuant to Royal Palm Estates Realty’s Privacy Policy, Royal Palm Estates Realty may report you to the U.S. Department of Housing and Urban Development or other appropriate authorities if you submit or post, or attempt to submit or post, information that that discriminates in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin.
Trademarks, Copyrights and Restrictions
This Site is controlled and operated by Royal Palm Estates Realty, Inc., 4720 NW 2nd Ave, Suite D106, Boca Raton, Florida 33431, phone number (561) 395-9555. All content on this Site, including, but not limited to the names Royal Palm Estates Realty, Inc., Royal Palm Estates Realty, all text, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Royal Palm Estates Realty and/or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Royal Palm Estates Realty. Content on this Site or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Royal Palm Estates Realty and/or the Providers. You may request consent by emailing such request to our email address at [email protected]
Without the prior written consent of Royal Palm Estates Realty and/or the Providers, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Royal Palm Estates Realty and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Site, you warrant to Royal Palm Estates Realty that you will not use our Site for any purpose that is unlawful or prohibited by these Terms, including, without limitation, the posting or transmitting any threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, nor in violation of any applicable use policy of the Site hosting service provider. If you violate any of these Terms, your permission to use our Site immediately terminates without the necessity of any notice. Royal Palm Estates Realty retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Site, including, but not limited to, any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the Content or other materials on this Site without prior written consent of Royal Palm Estates Realty.
If you transmit, submit or post information to or through the Site (including, without limitation, your name, contact phone number, property location, style, features, selling price and description, and any pictures and virtual tours of your property), you automatically grant Royal Palm Estates Realty the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. Royal Palm Estates Realty may in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to or through the Site.
You shall be solely responsible for any and all of your Content and/or Content that is submitted through your account with our Site, and the consequences of, and requirements for, distributing it.
You hereby represent, warrant, acknowledge and agree (as applicable) that:
1. Your information, pictures, videos, media, virtual tours, ideas, opinions, recommendations or advice (collectively, “Submissions”) are entirely voluntary;
2. Your Submissions do not establish a confidential relationship or obligate Royal Palm Estates Realty to treat your Submissions as confidential or secret;
3. Royal Palm Estates Realty has no obligation, either express or implied, to develop or use your Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your Submissions; and
4. Royal Palm Estates Realty may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Royal Palm Estates Realty shall own exclusive rights (including all intellectual property and other proprietary rights) to any Submissions provided to Royal Palm Estates Realty by any method, and shall be entitled to the unrestricted use and dissemination of any Submissions provided for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
You shall not transmit, submit or post information to or through the Site that contains any viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms does not entitle you to any ownership or intellectual property rights to the Content. You shall be solely responsible for any damage resulting from your infringement of Royal Palm Estates Realty’s or another third party’s intellectual property rights, including, without limitation, company names, logos, graphics and/or the Content, and/or any other harm incurred by Royal Palm Estates Realty and/or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
You may not use the Content to contact or otherwise solicit property buyers or sellers in any way, except to contact the seller of a property with regard to purchasing such property. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by these Terms, is permitted by you without the express prior written permission of Royal Palm Estates Realty, which permission may be withheld in Royal Palm Estates Realty’s sole discretion.
Prohibited Activities
You are specifically prohibited from any use of this Site, and You agree not to use or permit others to use this Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned usernames, confirmation numbers and/or passwords with any unauthorized third parties or use the assigned usernames, confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (f) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or other content (except for your Personal Information) from this Site without the prior express written consent of Royal Palm Estates Realty and/or and the appropriate third party, as applicable; (g) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; (h) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this Site; or (i) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Site or any of our web pages, or the Content without our prior written permission, provided that a generally available third party web browser, such as Microsoft Internet Explorer® or Google Chrome, may be used without such permission.
You shall not sublicense, provide or make available any of Royal Palm Estates Realty’s information or services (including, without limitation, usernames and/or passwords for the Site) to any third parties without the prior written permission of Royal Palm Estates Realty. Any attempts to do so would be considered a material breach of these Terms, and grounds for termination of the relationship between you and Royal Palm Estates Realty and/or legal remedies.
Confidentiality
Each of you and Royal Palm Estates Realty agrees to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third-party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in these Terms. Each party’s Proprietary or Confidential Information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in these Terms, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of any services or relationship, you and Royal Palm Estates Realty acknowledge and agree that the respective obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for so long as any services are provided to, or a relationship with, you by Royal Palm Estates Realty and for a period of three (3) years after the termination of such services or relationship (whichever is longer).
Links; Recommendations
This Site may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Royal Palm Estates Realty’s control, and Royal Palm Estates Realty is not responsible for, and does not endorse, such content, whether or not Royal Palm Estates Realty is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your website by Royal Palm Estates Realty, or its affiliates or Providers.
Royal Palm Estates Realty, its affiliates, employees and/or sales associates may from time to time recommend third party software or other products and services for your consideration. ROYAL PALM ESTATES REALTY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED OR RETAINED DIRECTLY FROM ROYAL PALM ESTATES REALTY, INCLUDING THE APPROPRIATENESS AND/OR QUALITY OF SUCH PRODUCTS AND SERVICES. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.
Disclaimer of Warranties and Liability
ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, ROYAL PALM ESTATES REALTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ROYAL PALM ESTATES REALTY, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. ROYAL PALM ESTATES REALTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT ROYAL PALM ESTATES REALTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ROYAL PALM ESTATES REALTY, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS SITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROYAL PALM ESTATES REALTY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ROYAL PALM ESTATES REALTY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ROYAL PALM ESTATES REALTY ‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability
ROYAL PALM ESTATES REALTY SHALL IN NO EVENT BE LIABLE, IN THE AGGREGATE, FOR MORE THAN THE TOTAL BROKER’S COMMISSION PAYABLE TO ROYAL PALM ESTATES REALTY FROM YOUR LISTING OR PURCHASE (AS APPLICABLE) TRANSACTION. IN THE EVENT YOU ARE LISTING OR PURCHASING MORE THAN ONE PROPERTY (AS APPLICABLE), THE TOTAL BROKER’S COMMISSION PAYABLE TO ROYAL PALM ESTATES REALTY (AND THE AGGREGATE LIMIT OF LIABILITY) SHALL BE THE AVERAGE OF BROKER’S COMMISSION PAYABLE TO ROYAL PALM ESTATES REALTY FROM SUCH LISTINGS OR PURCHASES (AS APPLICABLE). IN THE EVENT ROYAL PALM ESTATES REALTY CANNOT REASONABLY IDENTIFY A SPECIFIC PROPERTY BEING LISTED OR FOR PURCHASE (AS APPLICABLE) BY YOU, ROYAL PALM ESTATES REALTY ‘S MAXIMUM LIABILITY, IN THE AGGREGATE, SHALL NOT EXCEED $3,000.00
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE.
Indemnification
You agree to indemnify, defend, and hold harmless Royal Palm Estates Realty, the Providers, and Site hosting service providers, and its and their respective members, managers, officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
Relationship of Parties
Royal Palm Estates Realty, in rendering performance under these Terms, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture or a partnership between you and Royal Palm Estates Realty. You shall be solely responsible for and shall hold Royal Palm Estates Realty harmless for any and all claims for taxes, fees, or costs, including but not limited to withholding, income tax, FICA, and workers’ compensation related to your personal finances and/or business (as applicable).
Third Party Rights
These Terms are for the benefit of Royal Palm Estates Realty, its Providers, and Site hosting service providers, and its and their respective members, managers, officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Force Majeure
Royal Palm Estates Realty will not be liable for, or will not be considered to be in breach of or default under these Agreement on account of, any delay or failure to perform as required by these Terms as a result of any causes or conditions that are beyond its reasonable control and that it is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, Royal Palm Estates Realty may give you prompt written notice and will use commercially reasonable efforts to minimize the impact of such event.
Termination of this Agreement
You may terminate or opt out of these Terms at any time by contacting Royal Palm Estates Realty via email at [email protected] Termination or opting out of these Terms by you shall result in your loss of the right to access and use the Site. Royal Palm Estates Realty may terminate these Terms or any usernames and/or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
Jurisdictional Issues; Governing Law; Arbitration; Jurisdiction and Venue
Unless otherwise specified, the Content contained in this Site is presented solely for your convenience and/or information. This Site is controlled and operated by Royal Palm Estates Realty from its offices within Boca Raton, Florida. Royal Palm Estates Realty makes no representation that Content in its Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Site in violation of U.S. export laws and regulations.
These Terms are governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association exclusively in Palm Beach County, Florida. The arbitrator shall be selected by you and Royal Palm Estates Realty, and if you and Royal Palm Estates Realty are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Royal Palm Estates Realty and your and Royal Palm Estates Realty‘s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Royal Palm Estates Realty be entitled to punitive damages, and both you and Royal Palm Estates Realty hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Both you and Royal Palm Estates Realty waives any right to seek class certification or otherwise pursue a class action in any legal proceeding arising out of or relating to these terms or the relationship between you and Royal Palm Estates Realty
Specific Performance; Injunctions
In addition to any monetary or other damages to Royal Palm Estates Realty caused by you, you acknowledge that Royal Palm Estates Realty may be irreparably damaged if these Terms are not specifically enforced, and damages at law may be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, Royal Palm Estates Realty shall be entitled, in addition to all rights and remedies, to apply to a court of competent jurisdiction for an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
Miscellaneous
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms. All covenants, agreements, representations and warranties made in these Terms, as may be amended by Royal Palm Estates Realty from time to time, shall survive your acceptance of these Terms and the termination of these Terms. These Terms represent the entire understanding and agreement between you and Royal Palm Estates Realty regarding the subject matter of these Terms, and supersedes all other previous agreements, understandings and/or representations regarding the same.
