1. You must be a prospective purchaser, seller, landlord or renter of real property in Florida where Sea to Sky Realty is licensed and operating.
2. You must (a) provide true, accurate, and current information; (b) Maintain and update this information and ensure that it remains true, accurate, and current.
3. To register as a Client, you must be eighteen (18) years of age or older.
4. If you hold any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise Sea to Sky Realty by telephone, facsimile, e-mail or chat before you may access any password protected material including house listing data or other data compilations. Sea to Sky Realty reserves the right to deny or terminate access to any Real Estate Agent at its discretion.
5. All home data provided is for your sole and private use and not available for distribution. You may not sell or use the website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase.
6. You represent and warrant that you have not signed any agreement with a real estate agent or agency that would prevent you from using Sea to Sky Realty as your sole and exclusive agent. You do not have a contract or agreement with another real estate agent or agency such as a listing agreement or a buyer broker agreement.
7. You agree to limit your online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.
8. You agree that you will not contact the owner/seller of any property from information gained through the website. Your will not attempt to enter the property or speak with an owner/seller without an appointment set by Sea to Sky Realty.
9. You agree to abide by all copyright restrictions placed on the content of the Sea to Sky Realty site including, but not limited to, any material or data compilations where Sea to Sky Realty or others hold the copyright.
10. You agree that Sea to Sky Realty may also represent other prospective buyers seeking to purchase properties that may meet Client’s criteria.
11. To the fullest extent permitted by law, the Service is provided “as is,” without warranty or representation of any kind, either express or implied, as to (1) the operation of the Website, (2) the information, data, services, or products provided through or in connection with this Service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this Service.
12. Sea to Sky Realty disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
13. Neither Sea to Sky Realty nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this Service or inability to gain access to or use this Service or out of any breach of any warranty.
15. Disclosure of business relationship: Sea to Sky Realty may have contracts with other Real Estate companies, Service companies and 3rd parties and may financially participate in contracts with those companies. You are not obliged to use those companies, and may select any other companies upon your discretion. You may request a list of those companies which we have an actual contract with. The usage of any of those companies does not constitute any warranty for and against Sea to Sky Realty for the services provided by those companies.
16. In case of default of any payments or reimbursements due to us or any 3rd parties we have a contract with or to companies we have referred to you, we may defer, inactivate or timely limit our services owed to clients and users upon at our sole discretion without any further notice. Any such limitation is not intended to affect any contracts with us and all fees, charges and contractual obligations owed to us remain in place until either a) the full payment is received b) the contract is amended, changed, cancelled or otherwise current again.
In case of a prior default, we may request a retainer to be received adequate to continue services before any contractual obligations we owe to the client become effective again – even if a specific contract does not require a retainer. The amount of the retainer is determined upon Sea to Sky Realty’s discretion but should not exceed the next 3 months of expected charges.
17. In case of any disputes about monies or contractual obligations owed or due, clients and users have to submit timely payment for any undisputed amount and a bond in the reminder of amount due in dispute to a 3rd arbitration or mediation company upon broker’s choice. Not receiving the payment for undisputed amount or the bond constitutes a default of the client or user. Any amounts in default are subject to late fees of 10% or $25 minimum and a 18% annual interest rate.
18. Any legal fees, court fees, mediation or arbitration fees we incur due to non-payment or non-performance are the responsibility of the party seeking action against us.
19. You agree not to withhold, either actively or inactively any information which we deem necessary to perform our contractual obligations. If any information we deem necessary is withheld or if any information is not given upon request in a timely manner, we may terminate, limit or otherwise not perform contractual obligations to you without affecting any obligations owed to us.
20. We may change these terms anytime without prior notice.