Terms of Use

 
 

Last Updated: January 1, 2017

IMPORTANT!  THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WATSON REALTY CORP. (“WRC”), A FLORIDA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS.  PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY LOCATED AT http://watsonrealtycorp.com/privacy-policy/ (THE “PRIVACY POLICY”) CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AND ITS SERVICES.  BY REGISTERING WITH THIS WEBSITE OR USING THIS WEBSITE OR THE SERVICE PROVIDED HEREIN, you are indicating your acceptance of these TERMS OF USE and the privacy policy AND your INTENT TO BE LEGALLY BOUND HEREBY.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE AND ITS SERVICE.  YOU MAY NOT USE THIS WEBSITE OR THE SERVICE UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.

WRC owns and operates for the benefit of itself the website at www.watsonrealtycorp.com (the "Website").  WRC may modify these Terms of Use at any time.  The date of the last revision of these Terms of Use is set forth above at the top of this page and should be checked by you periodically.  Your continued use of the Website after changes have been posted to these Terms of Use will constitute your acceptance of all such changes. 

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.  THESE TERMS OF USE CONTAIN LIMITATIONS ON WRC’S LIABILITY AND DAMAGES RECOVERABLE BY YOU, WAIVERS OF WARRANTIES AND OF INDIVIDUAL CLASS ACTION AND JURY TRIALS AND THE EXCLUSIVE FORUM AND VENUE FOR DISPUTES IS ARBITRATION WHICH WILL TAKE PLACE IN JACKSONVILLE, DUVAL COUNTY, FLORIDA.

In addition to these Terms of Use, please also review our Privacy Policy for information about our commitment to protecting your privacy and our Copyright Policy for the display of content posted by users on the Website and the WRC procedures for responding to Complaints and Counter Notices pursuant to the Digital Millennium Copyright Act about allegedly infringing content that may be posted to, or linked from, the Website by third parties.

The WRC offer you access to the data contained on this Website solely for your use in identifying property for sale or lease in the greater North-Central Florida market, and you agree to access this Website only for purposes permitted by this Terms of Use.

  1. You represent and warrant that you are over the age of majority, legally competent to enter into this Agreement. You further warrant that you are using the Website to identify properties currently for sale or lease that are located in the North-Central, Florida area. You understand and acknowledge that the Website is owned, operated and maintained by WRC for the benefit of WRC. You further understand and agree that you may be able to link from this Website to websites or web pages owned or operated by, or on behalf of, parties other than WRC. If you link to such other websites or web pages, you understand and agree that any products, services, or information available at such other websites or web pages, and the terms and conditions under which such products, services, and information are being offered, are being provided or determined solely by the entities that own or operate such sites or pages, and not by WRC. WRC is not responsible or liable for the content of any linked website nor the accuracy of any information provided therein. WRC does not make any representation or warranty with respect to such third party websites and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You acknowledge that if you access a third party website from this Website, you do so at your own risk. You understand that a hyperlink to a third party website does not imply that WRC endorses the content on, or the business of, the hyperlinked website. You understand that you are solely responsible for determining the integrity and reliability of the information on this Website as well as any information found on a third party website linked to this Website. You agree that WRC shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. You are responsible for reviewing the applicable terms of use agreements and privacy policies of the third party websites.

  2. When conducting a search for available properties for sale or rent, You understand that WRC has the right to limit the number of properties displayed to you in response to your search requests based upon the WRC's sole determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, technology limitations, total number of matching listings in the WRC database compilation, and other "reasonable use" restrictions deemed appropriate by WRC from time to time. You understand and agree that this Website may include information, tips, facts, views and opinions about the North-Central Florida or national real estate market that WRC deems worthy of publication. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH YOU OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING THE ACQUISITION OR SALE OF REAL PROPERTY, OR ANY PERSONAL, LEGAL, BUSINESS, OR FINANCIAL DECISIONS.

  3. You agree that, as between WRC on one hand and yourself on the other hand, any electronic or printed real estate listing data, or other content derived from this Website ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of WRC or third parties from whom WRC has secured permission to display such Site Materials on this Website. You acknowledge that WRC has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private use. You will not commercialize, sell, license, re-license, sublicense, modify, reverse engineer, swap, or re-purpose the Site Materials, nor will you assist others in doing so.

  4. WRC reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does NOT, without the express written permission of WRC, include the right for you to:

    1. publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media; provided, however that you may retransmit without financial consideration individual listings contained in the Site Materials to relatives, friends, or business associates;

    2. market, sell or make commercial use of the Website or any Site Materials;

    3. systematically collect and use any data or content including through the use of any spiders, robots, or similar data gathering, mining or extraction methods;

    4. make derivative uses of the Website or the Site Materials; or

    5. use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page).

  5. You will use your best efforts to cooperate with WRC on reasonable terms and conditions in the event WRC deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to this Website.

  6. This Website contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Website infringes upon your copyright rights, please consult the Copyright Policy accessible from this Website and follow the procedures set forth in that Policy.

  7. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. This Terms of Use constitutes the entire agreement between you on the one hand and WRC on the other hand with respect to the Website and Site Materials and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WRC with respect to the Website and Site Materials. The failure of WRC at any time or times to require performance of any provision hereof shall in not in any manner affect the right of WRC at a later time to enforce the same. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any and all communications and dealings between you, WRC relating to the Website and this Terms of Use Agreement may be conducted through electronic means.

  8. ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT. WRC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WRC, THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WRC USES GOOD FAITH EFFORTS TO PROVIDE ACCURATE, COMPLETE, AND CURRENT INFORMATION ON THIS WEBSITE, BUT YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. WRC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT WRC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER WRC, NOR THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WRC AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WRC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, THE WRC AND WRC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
    You agree that WRC may amend or modify these Terms of Use at any time without notice to you. Your use of this Website after WRC has amended or modified these Terms of Use shall be deemed your acceptance of such amendments or modifications.

  9. You agree to indemnify, defend, and hold harmless WRC and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

  10. You agree that your unauthorized use of the Site Materials will cause injury to WRC that cannot adequately be remedied by money damages, and that WRC shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Website or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If WRC is successful in securing a preliminary injunction order against you, you waive any obligation of to post a security bond in conjunction therewith.

  11. You understand that WRC has not entered into any form of fiduciary or brokerage relationship with you solely by granting you access to, and use of, the Website. Any form of fiduciary or brokerage relationship is expressly between you and any licensed real estate professional from whom you may choose to obtain brokerage services.

  12. These Terms of Use will be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. The parties agree that the exclusive venue for any dispute arising out of or relating to these Terms of Use, the Services, or this Website or any actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights will be in Jacksonville, Duval County, Florida, and the parties irrevocably consent to the personal jurisdiction and venue therein. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that these Terms of Use shall not be governed by the Uniform Computer Information Transactions Act (UCITA) should UCITA or any similar legislation be in force or later enacted in any jurisdiction governing these Terms of Use.

  13. The parties hereto hereby stipulate that these Terms of Use involve and impact interstate commerce. In the event of any dispute or claim arising between WRC and you, the parties shall first attempt to resolve the dispute through direct negotiation and discussion between senior management personnel. If the matter is not resolved within 10 days, WRC and you knowingly, voluntarily and irrevocably agree that any controversy or claim arising between them, INCLUDING THOSE CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE, shall be resolved EXCLUSIVELY by BINDING ARBITRATION in Duval County, Jacksonville, Florida, under the rules of the American Arbitration Association, which arbitration shall be governed by and enforceable under the Federal Arbitration Act, and judgment on the award may be entered by any court having jurisdiction thereof. NO CLAIMS MAY BE BROUGHT AS A CLASS ACTION, ON A CONSOLIDATED BASIS OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. The parties acknowledge and agree that any dispute about the enforceability or scope of these Terms of Use to arbitrate shall be decided by the arbitrator. All arbitration proceedings shall be maintained in strict confidence. The parties’ mutual promises contained herein, including to arbitrate certain disagreements, rather than litigate them before courts or other bodies, provide consideration for each other for this entire clause.

  14. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND WRC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM OR CROSS-CLAIM BROUGHT BY WRC OR YOU, AND ARE ALSO WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

  15. WRC reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing WRC to disclose any content, data, information, the identity of anyone posting content or using this Website or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE, RELEASE AND HOLD WRC AND WRC’S AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WRC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WRC OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.

  16. The waiver of a breach of these Terms of Use or the failure of a party to exercise any right under these Terms of Use shall only be effective if in writing. In no event shall any waiver constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any right under these Terms of Use. These Terms of Use constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter. Any modification of any term or condition of these Terms of Use shall be effective only if in writing and signed by authorized representatives of all parties. No other act, usage or custom shall be deemed to modify these Terms of Use. Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Terms of Use or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms of Use or the application of the provision to the other parties or other circumstances.