Please read these terms carefully. This is a binding agreement between 55Next Real Estate, INC (the "Company", "we," "us" or "our") and any person who accesses or establishes a connection to the Services ("User" or "you") By using or otherwise accessing the Services, or indicating your assent hereto by clicking "I agree" or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this agreement. The Company retains any rights not specifically granted to you in this agreement.
1. ACCESS TO THIS SITE
By accessing or establishing a connection to any part of this website, www.55Next.com (the "Website"), or other software, resources or services available through the Website (all of the foregoing, the "Services"), you agree to comply with all of the terms of this agreement. You agree that the Company may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services, without liability to you or any third-party.
2. HOW THE SERVICES WORK
The Services help Users find, research and compare residential neighborhoods, real estate subdivisions, and 55+ active adult retirement communities. Users can see homes for sale in various neighborhoods, communities and interested buyers and sellers have the option of connecting with real estate agents who are familiar with these locations.
The Company does not charge fees to use the Services. If you elect to purchase, lease or sell property with the help of a real estate agent to whom you have been referred via the Services, you will be responsible for any fees charged by the agent, which will be described in an agreement between you and the agent.
4. ACCOUNT REGISTRATION, COMMUNICATION AND CANCELLATION
Users have the option of registering an account to allow them to save favorite neighborhoods and properties, to request notifications about updates to any properties or neighborhoods they have discovered, and other registration-only features. There is no cost to create an account.
Users who have registered an account also have the option to receive communications from us in the form of newsletters, updates regarding selected neighborhoods, and email notifications if properties matching your criteria become available for sale. Users may unsubscribe from these optional communications at any time. (Account-related communications cannot be limited.) Users who wish to unsubscribe from communications with an agent after submitting a form to request further information about a property or neighborhood from that agent must do so directly with the agent.
By registering for an account, you agree that you have a sincere interest in the purchase, sale, or lease of real estate. Also, by registering for an account, you acknowledge that you are entering into a consumer-broker relationship with the Company, as defined by applicable state law. However, you are not obligated to purchase or lease any property, to use our Services exclusively, or to work with any agent to whom you have been referred via the Services.
Users who have chosen to register an account with the Services may cancel their account by submitting a cancellation request to email@example.com.
In addition, users who have completed a contact form on the Website grant us permission to contact them via phone, text, or email by a Company agent or customer service representative, or by a third party authorized by us to do so.
6. RESTRICTIONS ON USE
You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without the Company's written consent, (ii) use the Services in any harmful manner including damaging, disabling, overburdening, or impairing this Website, or (iii) interfere with any party's use or enjoyment of the Services. You agree to cooperate with the Company in causing any unauthorized use of the Services through your account to immediately cease.
The material accessible from this Website, including text, data, images, interfaces and other materials or works of authorship (the "Content") is owned or licensed by the Company. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of the Company, except that you may store or print limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
The Company's name, logos, and other product and service identifiers are the Company's trademarks. You also acknowledge any applicable MLS's ownership of and copyright in its MLS database. All other trademarks appearing on the Website are the property of their respective owners. No rights are granted to you in these trademarks.
8. USER SUBMISSIONS
A "Submission" means any information, ideas or materials that Users provide to us via any post, upload, input, or other submission to the Services. You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment. You represent that you own or otherwise possess all of the rights to any Submissions.
You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (iii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, (vi) includes programs that contain viruses, worms, or any other malicious computer code, or (vii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Without limiting the foregoing responsibilities of Users, the Company may monitor use of the Website to determine compliance with this agreement. The Company may remove or refuse Submissions for any reason.
9. RECORDED CALLS AND CHATS
The Website may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of our Services, and we therefore invite feedback about websites that are linked from this Website.
11. SECURITY AND SECURITY VIOLATIONS
If you are a User who has registered an account for the Services, passwords used to access the Services are for your individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account.
You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services, (iv) sending unsolicited e-mail, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting to reverse engineer any of the software making up any part of the Services.
The Company will take all reasonably necessary steps to investigate suspected violations of this agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
12. FAIR HOUSING ACT AND AMERICANS WITH DISABILITIES ACT COMPLIANCE
We believe in non-discriminatory practices, and support the Fair Housing Act and the Americans With Disabilities Act.
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of:
- Race or color
- National origin
- Familial status, or
The Americans With Disabilities Act, 42 U.S.C 12101 et seq., prohibits entities from denying individuals an opportunity to participate in or benefit from goods or services based on an individual’s disability. We strive to provide services to all individuals regardless of disability, and we will update our services if you notify us of an issue.
13. IMPORTANT DISCLAIMERS
Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
By way of illustration, and without limiting the generality of the above disclaimer, the Company disclaims any warranty that:
- The Services will be uninterrupted or error-free, or that defects will be corrected;
- The Website or the server that makes it available are free of viruses or other harmful components; or
- The Content is accurate, complete, or free of typographical errors.
14. LIMITATION ON LIABILITY
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to Users for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages.
To the maximum extent permitted by law, you shall defend and indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation contained in this agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The Company may modify this agreement at any time by posting the revised terms on the Website. Continued use or access of the Services after modification will constitute your acceptance of this agreement as modified.
17. DISPUTE RESOLUTION; WAIVER
All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association AAA under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA's Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Ocala, Florida. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).
This agreement shall be governed and interpreted pursuant to the laws of the State of Florida, United States of America, without regard to its choice of law rules. The parties agree that the exclusive venue for any dispute relating to this agreement will be in, and specifically consent to the personal jurisdiction of, the state and federal courts located in Ocala, Florida. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by the Company via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.
All provisions of these terms which by their nature should survive cancellation of your account shall survive, including Sections 7, 8, and 14 through 18.
19. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE TO COPYRIGHT OWNERS
Company owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available at www.55Next.com (the "Website") within the services provided at the Website (the "Services") by third parties not within our control. It is our policy not to permit materials known to be infringing to remain available through the Services.
In accordance with the Digital Millennium Copyright Act, or "DMCA," you should notify 55Next.com promptly if you believe that any materials displayed within the Services infringe your copyright. Regardless of whether 55Next.com is liable for such infringement, 55Next Real Estate, INC’s response may include removing or disabling access to material claimed to be infringing and/or terminating the alleged infringer’s access to the Website. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter-notification.
Please send all notices to 55Next.com, INC, by email to firstname.lastname@example.org or by physical delivery to: 8775 SW 91st Place, Unit D Ocala Florida 34481
Your notice of alleged copyright infringement should include:
- A description of how your copyrighted work or other intellectual property has been infringed;
- A description of where the infringing material is located on the Website;
- Your address, telephone number, and e-mail address; A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
- Your electronic or physical signature.
Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you are infringing, you should seek legal advice.
20. CONTACT AND FEEDBACK
We welcome and encourage feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback, questions, claims or complaints with respect to the Services by emailing us at email@example.com, through the "Help" section of the Site or by calling ( 352)-244-8977 u'd like to submit your Feedback, claims or complaints to the Company in writing, please direct correspondence to:
Attention: Customer Service
8775 SW 91st Place,
Unit D Ocala Florida 34481
If you provide Feedback to the Company, you hereby assign to the Company all rights in such Feedback and agree that the Company may use and fully exploit that Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
If you are a resident of California, you may request additional information or submit claims or complaints regarding the Services by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (916) 445-1254 or in writing at:
Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 N. Market Blvd., Suite N 11
Sacramento, California 95834
Last updated: May 6, 2022
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