Terms of use

/Terms of use
Terms of use 2018-10-18T08:33:45+00:00

MAVREALTY, LLC

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the MavRealty web site located at www.MavRealty.com, and all associated sites linked to www.MavRealty.com by MavRealty, its subsidiaries and affiliates, including MavRealty sites around the world (collectively, the “Site”). The Site is the property of MavRealty Inc. (“MavRealty”) and its licensors.

BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

MavRealty reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MavRealty grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  1. USE OF THE SITE

MavRealty may make certain information or services available via the Site only pursuant to additional guidelines, rules, or agreements applicable to such services, which may be posted from time to time.

Any sale, transmission, or redistribution of the Site or its content, and any copying, modification, or other use of the Site or its content for any purposes other than specifically allowed in these Terms of Use, are strictly prohibited. You are prohibited from using the Site to gain unauthorized access, directly or indirectly, to MavRealty’s computer systems or a third party’s computer systems.

You shall not interfere with another user’s use or enjoyment of the Site. Further, you agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MavRealty’s systems or networks, or any systems or networks connected to the Site or to MavRealty.

MavRealty reserves the right for itself in its sole discretion, to take action it deems appropriate for violations of these Terms of Use, including but not limited to terminating your access to the Site, filing criminal charges against you, or initiating a civil action against you.

To the extent required to do so by law, MavRealty will fully cooperate with any law enforcement authorities or court order requesting or directing either of them to disclose information regarding users of the Site.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  1. PRIVACY POLICY

MavRealty’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view MavRealty’s Privacy Policy, click here. Additionally, 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 the Site 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.

  1. PROPRIETARY RIGHTS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MavRealty, and is protected by trade dress, copyright, patent and 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, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MavRealty’s express prior written consent.

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 MavRealty or others.

You may use information on MavRealty products and services purposely made available by MavRealty 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 personal, non-commercial 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, and (4) not make any additional representations or warranties relating to such documents.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

  • Privacy Policy
  • End User License Agreement
  • Cookie Policy

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

  1. DMCA

Pursuant to the Digital Millennium Copyright Act (“DMCA”), MavRealty respects others’ intellectual property rights and reserves the right to delete or disable any content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.  When MavRealty receives a report of allegedly infringing content on the site, it will comply in accordance with the DMCA.

If you have a good-faith belief that content or material on a MavRealty Site infringes upon a copyright you own or the copyright of a person or entity for which you have been authorized to act on behalf of the owner, you may submit a Notice to MavRealty. The Notice must be in writing (email or letter) and must contain the following: Your name and contact information (full name, email address, phone number, and mailing address). NOTE: MavRealty regularly forwards Notices (including personal information received) to the person that posted the allegedly infringing content. A description of the copyrighted work you claim has been infringed, including the name and contact information of the copyright owner if the owner is someone other than yourself. When available, please provide the registration number and date for the copyrighted work you claim has been infringed. Please also include: A statement by you that you have a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your electronic or physical signature.

Counter-Notice

If you have a good-faith belief that a Notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. The Counter-Notice must be in writing (email or letter) and must contain the following: Your name and contact information (full name, email address, phone number, and mailing address). NOTE: MavRealty will forward your Counter-Notice (including personal information received) to the person or entity that originally submitted the Notice against you. A description of the content or material that has been removed or to which access has been disabled and the location at which the content or material appeared before it was removed or access to it was disabled. Please also include: A statement, made under penalty of perjury, that you have a good-faith belief that the content or material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. A statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide in the Counter-Notice is located, or if the address you provide is outside of the United States, the Federal District Court of the Middle District of Florida, and that you will accept service of process from the person or entity who provided Notice to MavRealty or an agent of such person or entity. Your electronic or physical signature.

Delivery of Notices and Counter-Notices

Notices and Counter-Notices may be sent to MavRealty’s Designated Agent via email to ______________ or via mail to:

MavRealty, Inc.

Attn: Legal Department (DMCA Designated Agent)

4350 W. Cypress St.

Tampa, FL 33607

Only DMCA Notices and Counter-Notices should be sent to MavRealty’s DMCA Designated Agent.

MavRealty Procedure

When MavRealty receives a Notice, MavRealty will make a good-faith effort to forward the Notice to the person reasonably believed to be responsible for posting the allegedly infringing content or material. MavRealty will use the information in the Notice to determine whether to remove or disable the allegedly infringing content or material. If a Notice is incomplete, MavRealty is under no obligation to act. When MavRealty receives a Counter-Notice, MavRealty will forward the Counter-Notice to the person or entity that submitted the original Notice. If MavRealty does not receive notice of an action seeking a court order to restrain the allegedly infringing material within ten (10) business days of receiving a Counter-Notice, MavRealty may, in its sole discretion, reinstate the removed or disabled content or material. If MavRealty chooses to do so, MavRealty will do so within ten (10) and fourteen (14) business days of receiving a Counter-Notice. In some cases, MavRealty will not be able to reinstate removed or disabled content or material due to technical limitations. In such instances, MavRealty may choose to notify the person that filed the Counter-Notice that he or she may repost the content or material at his or her discretion.

MavRealty is not an IP tribunal and has no obligation to adjudicate claims of infringement and is not responsible for determining the merits of such claims. The parties submitting Notices and Counter-Notices are encouraged to settle any disagreements amongst themselves. MavRealty may, in its sole discretion, use the information provided in Notices and Counter-Notices to determine whether to remove or disable content or material.

  1. TERMINATION

MavRealty may terminate your access to or use of the Site and remove and discard any content within the Site, for any reason. MavRealty may also discontinue providing the Site, or any part thereof, with or without notice. In addition, MavRealty may terminate your access to or use of the Site, and remove and discard any content within the Site, if your use of the Site, or if the content you provide through the Site, violates this Terms of Use or is determined by MavRealty to be harmful or illegal or to a pose a threat to the safety and security of MavRealty and its respective personnel and/or technology infrastructure.  You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that MavRealty may immediately deactivate or delete all related information and files. Further, you agree that MavRealty shall not be liable to you or any third-party for any termination of your access to the Site.

  1. LINKS TO THIRD PARTY SITES

The Site may provide links to third party website(s) or resources. Such website(s) are publicly available and MavRealty is providing access to such website(s) through the Site solely as a convenience to you. Because MavRealty has no control over such sites and resources, you acknowledge and agree that neither of them is responsible for the availability of such external sites or resources. The fact that access to such website(s) is provided does not constitute any endorsement, authorization, or sponsorship of such website(s) or their sponsors by MavRealty. MavRealty does not endorse or is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MavRealty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that MavRealty does not grant to you any rights in respect of such website(s).

  1. INDEMNITY

You agree to indemnify, release, and hold harmless each of MavRealty, and its affiliates, employees, officers, agents, licensors, and service providers from and against any and all liabilities, expenses (including attorney’s fees), and damages arising out of claims resulting from your use of or inability to use the Site or the content appearing on the Site.

  1. DISCLAIMER OF WARRANTIES
  2. MAVREALTY STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, MAVREALTY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. MAVREALTY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAVREALTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
  3. MAVREALTY DOES NOT MAKE ANY WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAVREALTY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
  5. LIMITATION OF LIABILITY
  6. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAVREALTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
  7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  1. NOTICE

Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on the Site.

  1. GENERAL INFORMATION

 

  1. The failure of MavRealty to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.
  2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.c.         THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.
  3. VIOLATION OF THESE TERMS OF USE

MavRealty may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MavRealty’s rights or property, or the rights or property of visitors to or users of the Site, including MavRealty’s customers. MavRealty reserves the right at all times to disclose any information that MavRealty deems necessary to comply with any applicable law, regulation, legal process or governmental request. MavRealty also may disclose your information when MavRealty determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

If MavRealty does take any legal action against you as a result of your violation of these Terms of Use, MavRealty 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 MavRealty.