ZFC Real Estate Terms Of Use

Please carefully read the following Terms of Use before using the www.bexrealty.com website ("the Site"). By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to the these Terms of Use, please do not use this Site. Each time you use the Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.

1. Modification
   ZFC Real Estate, LLC, 4800 N. Federal Highway, Suite A207, Boca Raton, Florida, 33431 ("ZFC Real Estate") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Any such modifications shall be effective immediately upon the posting of the new Terms of Use. Any use of this Site after any such modifications constitutes your acceptance and agreement to be bound by the modified Terms of Use.
2. Copyright
   All data and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of ZFC Real Estate, its licensors and its suppliers. The data is protected by copyright and other intellectual laws and all ownership rights remain with ZFC Real Estate, its licensors or its suppliers, as the case may be.
   
   You may only use the data retrieved from our Site for your own personal, non-commercial purposes. Any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from our services available in any manner to any third party is strictly prohibited.
   
   If you breach this agreement by using any data or material from this Site for any use other than for your own personal, non-commercial purpose, you acknowledge that you will have caused substantial harm to ZFC Real Estate, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ZFC Real Estate $1000 for each such instance in which using information from two real estate listings constitutes two such instances, using information from three real estate listing constitutes three instances, and so forth.
3. Trademarks
   ZFC Real Estate and the "ZFC" design mark are the trademarks of ZFC Real Estate. All other brands and names on the Site are the property of their respective owners.
4. Accuracy of Information
   While we make reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy of any information appearing on the Site. All information regarding properties has been provided directly by the sellers or their agents with their prior consent. We assume no liability or responsibility for any errors or omissions in the content of the Site.
5. Conditions and Prohibitions
   As a condition of your use of this site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to, posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. Any violation of these Terms of use immediately terminates without notice your permission to use this Site.
   
   Additionally, you are specifically prohibited from using this Site or permitting or allowing others to use this Site to perform any action that (i) imposes an unreasonably large load on this Site's infrastructure, including but not limited to, "spam" or other unsolicited mass emails, (ii) disclose or share any registration information with any unauthorized third parties, (iii) attempt to decipher, decompile, or reverse engineer any part of this Site, (iv) upload, post, email, or otherwise transmit to or from this Site information or content that you do not have a right to transmit under any state, federal, or foreign law, regulation, contract, or fiduciary relationship, (v) violate any applicable state, federal, or foreign law or regulation, (vi) use any robot, spider, intelligent agent, or other automatic device other than a web browser to search monitor or copy and pages or information on this site without our express written permission.
6. Registration, Accounts and Passwords
   If you become a registered member and create an account on the Site, you agree to be responsible for: maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers. You agree to notify ZFC Real Estate of: (i) any loss of your password or account identifiers and (ii) any unauthorized use of your password or account identifiers. ZFC Real Estate will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.
7. Links to Other Websites
   This Site may contain links to websites operated by other people or companies. Those websites may have their own privacy policy or no privacy policy at all. ZFC Real Estate does not have any responsibility for those websites, and we provide the links solely for the convenience of our visitors.
8. Privacy Policy
   ZFC Real Estate is committed to protecting the privacy of the visitors to its Site. For information on how information is collected, used, or disclosed by ZFC Real Estate in connection with your use of this Site, please consult our Privacy Policy.
9. Submitting Information to ZFC Real Estate
   ZFC Real Estate does not want to receive confidential or proprietary information from you through this Site unless you have another written agreement with ZFC Real Estate related to the sharing of such information. Any information that ZFC Real Estate receives through its Site, other than your personally identifiable information and aggregate information covered by ZFC Real Estate's Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING TO ZFC REAL ESTATE INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH ZFC REAL ESTATE RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT ZFC REAL ESTATE MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU AND YOU AUTOMATICALLY GRANT ZFC REAL ESTATE, ITS AFFILIATES, AND SUBSIDIARIES AN IRREVOCABLE, ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY, DISPLAY, PUBLISH, MODIFY, AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE THESE RIGHTS TO ANYONE.
10. Disclaimer
    THE DATA, INFORMATION, SERVICES, PRODUCTS FOR SALE/REDEMPTION AND MATERIALS CONTAINED IN AND/OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
    
    ZFC REAL ESTATE, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. ZFC REAL ESTATE, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZFC REAL ESTATE, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF ZFC REAL ESTATE, ITS AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
    
    FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
    
    BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BEX, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability
    IN NO EVENT WILL ZFC REAL ESTATE, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).
    
    ZFC REAL ESTATE RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
    
    THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ZFC REAL ESTATE, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BEX, ITS AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Indemnification
    You agree to indemnify, defend and hold harmless ZFC Real Estate, its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these Terms of Use.
13. Choice of Law and Forum
    Unless otherwise specified, the content and information contained on this Site is presented solely for your convenience. This Site is controlled and operated by ZFC Real Estate from its offices within Boca Raton, Florida and ZFC Real Estate makes no representation that any content or information is appropriate or available for use in other locations. These Terms of Use shall be governed and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within the County of Palm Beach in the State of Florida, and you hereby submit to the personal jurisdiction of such courts.
14. Phone and Electronic Messaging Consents
    By registering on the ZFC Real Estate Website you agree that you are providing an electronic signature and express written consent to be contacted by ZFC Real Estate, LLC, its agents, employees, licensed real estate agent partners, property managers or mortgage lenders at any of the telephone number(s) that have been provided or obtained, using an automatic telephone dialing system or an artificial or prerecorded voice or via text/SMS message, even if any of the telephone number(s) is assigned to a cellular or mobile telephone service or other service for which the called party is charged. You also expressly agree that ZFC Real Estate may contact you at any of the telephone number(s) that have been provided or obtained, even if you have registered such number(s) on a federal, state or corporate "do not call" registry or have requested to be placed on an internal "do not call" list. ZFC Real Estate may also contact you via email using any email address that has been provided or obtained. You are not required to provide this consent as a condition of purchasing or receiving any property, goods or services from ZFC Real Estate. As an alternative, you may call ZFC Real Estate directly at (800) 700-9806 to complete your request.
15. Entire Agreement
    The provisions and conditions of these Terms of Use constitute the entire agreement between you and ZFC Real Estate and its affiliates or other related entities and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms of Use and any future published Terms of Use or understanding, the last published Terms of use shall take precedence.