Best of Luxury Miami Real Estate  

Miami Real Estate & Homes for Sale

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TERMS AND CONDITIONS OF USE

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use apply to the Best of Luxury Realty website located at www.bestofluxuryrealty.com, and all other sites linked to www.bestofluxuryrealty.com. This site is the property of Tracey Schmitt PA. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE - DO NOT USE THE SITE.

We reserve the right to change, modify, add or remove portions of these Terms of Use at any time. As long as you comply with these Terms of Use, Tracey Schmitt PA grants you a personal, non-exclusive privilege to visit and use the Site.

Content

All content on www.bestofluxuryrealty.com including but not limited to text, APIs, graphics, photographs, trademarks, logos, sounds, artwork and computer codes and also the design, structure, selection, coordination, and arrangement of such content is owned by Tracey Schmitt PA: bestofluxuryrealty.com, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted or distributed in any way to any other computer, server, Website or other medium for publication, without Tracey Schmitt PA's express prior written consent.

You may print information from bestofluxuryrealty.com concerning products and services purposely made available by bestofluxuryrealty.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, (4) not make any additional representations or warranties relating to such documents, and (5) use such information for personal interest or gain.

Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, or algorithm or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any of its content. Tracey Schmitt PA reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the site or to any servers related to bestofluxuryrealty.com’s, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Tracey Schmitt PA, including any Tracey Schmitt PA account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send in reference to Tracey Schmitt PA, on or through the Site, or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tracey Schmitt PA, or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.
Tracey Schmitt PA's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Tracey Schmitt PA may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Tracey Schmitt PA makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security
You are entirely responsible for maintaining the confidentiality of your bestofluxuryrealty.com account information, including your password, and for any and all activity that occurs under your account. You agree to notify Tracey Schmitt PA through bestofluxuryrealty.com immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Tracey Schmitt PA nor anyone in connection to bestofluxuryrealty.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to www.bestofluxuryrealty.com may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the bestofluxuryrealty.com Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under bestofluxuryrealty.com's control, and Tracey Schmitt PA is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
PROPERTY LISTING MANAGER, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRACEY SCHMITT PA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRACEY SCHMITT PA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRACEY SCHMITT PA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BESTOFLUXURYREALTY.COM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRACEY SCHMITT PA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Tracey Schmitt PA reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity
You agree to indemnify and hold Tracey Schmitt PA and bestofluxuryrealty.com; its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Tracey Schmitt PA or bestofluxuryrealty.com by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
You acknowledge and agree that Tracey Schmitt PA may preserve any transmittal or communication by you with Tracey Schmitt PA and bestofluxuryrealty.com; its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Tracey Schmitt PA determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Tracey Schmitt PA, its employees, users of or visitors to the Site, and the public.

You agree that Tracey Schmitt PA and those monitoring bestofluxuryrealty.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tracey Schmitt PA and bestofluxuryrealty.com, for which monetary damages would be inadequate, and you consent to Tracey Schmitt PA and those affiliated with bestofluxuryrealty.com in obtaining any injunctive or equitable relief that Tracey Schmitt PA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tracey Schmitt PA may have at law or in equity.

You agree that Tracey Schmitt PA and those monitoring bestofluxuryrealty.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Tracey Schmitt PA does take any legal action against you as a result of your violation of these Terms of Use, Tracey Schmitt PA will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Tracey Schmitt PA. You agree that Tracey Schmitt PA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited
Tracey Schmitt PA administers and operates the www.bestofluxuryrealty.com Site from its locations in Miami, Florida USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Tracey Schmitt PA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

Feedback and Information

Any feedback or response you provide at this site shall be deemed to be non-confidential. Tracey Schmitt PA and those affiliated with bestofluxuryrealty.com shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright 2005 Tracey Schmitt PA, bestofluxuryrealty.com All rights reserved.

Tracey Schmitt PA, 19501 W. Country Club Drive, Miami, FL 33180, USA.



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