www.buyowner.com® Agreement of Terms of Use

Last Updated August 25, 2004

THIS AGREEMENT OF TERMS OF USE (this "Agreement”) is made as of this day, by and between Buy Owner®, Inc., a Florida corporation (“Buy Owner”), and you.  This Agreement sets forth the terms and conditions that apply to your access and use of the Internet websites owned and operated by Buy Owner and its affiliates, including, but not limited to the website located at the URL www.buyowner.com ("www.buyowner.com").  If you do not agree with the terms and conditions of this Agreement, please do not access or use www.buyowner.com. 

Your Right to Access and Use www.buyowner.com

Your right to access and use www.buyowner.com is personal to you and is not transferable by you to any other person or entity.  You are only entitled to access and use www.buyowner.com for lawful purposes and pursuant to the terms and conditions of this Agreement.  Your access and use of www.buyowner.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Buy Owner's equipment, periodic updating, maintenance or repair activities that Buy Owner may undertake from time to time, or other actions that Buy Owner, in its sole discretion, may elect to take.  Buy Owner reserves the right to suspend or discontinue the availability of www.buyowner.com 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.

Your Registration with www.buyowner.com

Certain features of www.buyowner.com are accessible only to registered users.  The right to register with www.buyowner.com and to be issued an email address, username or password by Buy Owner is available only to those individuals who provide to Buy Owner the requested accurate, complete and current personal information.  You must inform Buy Owner of any changes to or updates of any personal information that you provide to Buy Owner.  You can submit changes or updates to Buy Owner at customerservice@buyowner.com.  Buy Owner reserves the right to deny or revoke issuance of any email address, username or password at any time and without prior notice.

Your Compliance with this Agreement

By accessing and using www.buyowner.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which Buy Owner, in its sole discretion, may make in the future.  In order to determine your compliance with this Agreement, Buy Owner may monitor your access and use of www.buyowner.com in accordance with Buy Owner's Privacy Policy for www.buyowner.com located at the URL http://www.buyowner.com/privacy.asp.

Any action by you that, in Buy Owner's sole discretion, violates the terms and conditions of this Agreement, or restricts, inhibits or prevents any third party from accessing, using or enjoying www.buyowner.com, or through the use of www.buyowner.com, 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 www.buyowner.com.  You shall not provide links to or frame www.buyowner.com without the prior express written permission of Buy Owner.

Your Compliance With Fair Housing Regulations

When you access and use www.buyowner.com, you agree to abide by applicable federal and state housing regulations with regard to your access and use of www.buyowner.com.  You agree that by or through your access and use of www.buyowner.com, 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.  Buy Owner 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 Buy Owner’s Privacy Policy for www.buyowner.com located at the URL http://www.buyowner.com/privacy.asp, Buy Owner 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.

Your Transmissions, Submissions and Postings to www.buyowner.com

If you transmit, submit or post information to www.buyowner.com (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 Buy Owner 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. 

Buy Owner may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to www.buyowner.com.

You shall not transmit, submit or post information to www.buyowner.com 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 damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  Pursuant to Buy Owner’s Privacy Policy for www.buyowner.com located at the URL http://www.buyowner.com/privacy.asp, Buy Owner may monitor any transmissions, submissions or postings by you to determine, in its sole discretion, your compliance with this Agreement. 

Buy Owner's Intellectual Property Rights

The names “Buy Owner” and "buyowner.com" and the Buy Owner and buyowner.com logos and graphics are trademarks of Buy Owner, and may not be used by you without the prior express written permission of Buy Owner, which permission may be withheld in Buy Owner's sole discretion.

The proprietary information, data and content viewable on, contained in, or downloadable from, www.buyowner.com (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images and line art, are copyrighted by, or otherwise licensed to, Buy Owner.  If you provide Buy Owner with, or Buy Owner obtains or otherwise provides,  information on your property, 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 Buy Owner 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.

Buy Owner also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content.  Viewing, reading, printing, downloading or otherwise using the Content in accordance with this Agreement 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 Buy Owner’s intellectual property rights regarding the “Buy Owner” and "buyowner.com" names, the Buy Owner and buyowner.com logos and graphics, and/or the Content, and/or any other harm incurred by Buy Owner 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 this Agreement.

Your Use of the Content

Without the prior written consent of Buy Owner, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content.  You may not modify the Content or utilize it for any commercial purpose or any other public display, performance, sale or rental.  You may not decompile, reverse engineer or disassemble the Content in any way.  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 that 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 this Agreement, is permitted by you without the express prior written permission of Buy Owner, which permission may be withheld in Buy Owner's sole discretion.

Access and Interference.

This website contains robot exclusion headers. Much of the information on this website is updated on a real time basis and is proprietary or is licensed to Buy Owner by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from this website without the prior expressed written permission of Buy Owner and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of this website or any activities conducted on this website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this website.

Buy Owner Makes No Representations or Warranties Regarding Content

The Content is being provided to you on an “as-is” basis.  Buy Owner does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content.  It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on www.buyowner.com.  

Buy Owner makes no representation, warranty or guarantee that the Content that may be available for downloading from www.buyowner.com is free of infection from 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 damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.    

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.buyowner.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.buyowner.com.

Third Party Links

There may be provided on www.buyowner.com links to other websites belonging to Buy Owner’s advertisers, business partners, affiliates and other third parties.  Such links do not constitute an endorsement by Buy Owner of those websites, nor the products or services listed on those websites.  Buy Owner is not responsible for the activities or policies of those websites.

Limitations on Buy Owner’s Liability

Buy Owner shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.buyowner.com; (iii) your inability to access or use www.buyowner.com for any reason; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content.

Your Indemnification of Buy Owner

You shall defend, indemnify and hold harmless Buy Owner and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration or the listing of your property; (iii) your access or use of www.buyowner.com; and/or (iv) access or use of www.buyowner.com under any email address, username or password that may be issued to you.

Third Party Rights Under this Agreement

This Agreement is for the benefit of Buy Owner and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on behalf of Buy Owner.

Amendments of this Agreement

Buy Owner reserves the right to amend this Agreement at any time in its sole discretion and without notice.  Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on www.buyowner.com. 

You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made.  Your continued access and use of www.buyowner.com following the posting of any such changes shall automatically be deemed your acceptance of the same.

Buy Owner's Remedies

You acknowledge that Buy Owner may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy.  Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Buy Owner shall be entitled, in addition to all rights and remedies, to 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 this Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida.  You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court.  You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Termination of this Agreement

You may terminate or opt out of this Agreement at any time by contacting Buy Owner at customerservice@buyowner.com.  Termination or opting out of this Agreement by you shall result in your loss of the right to access and use www.buyowner.com.

Buy Owner may terminate this Agreement or any email addresses, usernames 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.

Governing Law; Jurisdiction and Venue

This Agreement is to be 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 Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida.  The arbitrator shall be selected by you and Buy Owner, and if you and Buy Owner 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 Buy Owner and your and Buy Owner'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 Buy Owner be entitled to punitive damages and both you and Buy Owner hereby waive your and Buy Owner's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Buy Owner from time to time, shall survive your acceptance of this Agreement.

This Agreement represents the entire understanding and agreement between you and Buy Owner regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same.

 

 

WPB 547312.4