Updated and made effective : June, 1st 2018
The services that Beycome LLC (hereinafter referred to as "beycome" formerly, "KB Consulting partners LLC" ) provides to you are subject to the following Terms of Service ("TOS"). The most current version of the TOS can be reviewed by clicking on the "Terms of Service" link located at the bottom of beycome.com or included within our application, if any provided for use. This TOS is applicable to the use of beycome.com, and any other related applications and websites, as well as any products or services where this TOS is posted. (collectively "beycome").
The pronouns "you" or "your" refer to you as a user of beycome ("User"). The pronouns "ours" "us" or "we" refer to beycome brokerage. The term "Service Providers" refers to our affiliates, partners and providers of services.
BY CONTINUING TO USE BEYCOME AND ANY ASSOCIATED SERVICES, YOU AGREE TO COMPLY WITH THIS TOS AND ALL OF THE TERMS AND CONDITIONS HEREOF.
FURTHERMORE, WITHOUT LIMITING ANY PROVISIONS OF THIS TOS, YOU MUST ALSO COMPLY WITH ALL APPLICABLE THIRD PARTY POLICIES WHEN USING BEYCOME AND ANY ASSOCIATED PRODUCTS AND SERVICES.
beycome is an online listing web platform on which homeowners can list and find prospective tenants to purchase or lease their property using our online services and knowledge and real estate expertise. beycome helps renters and buyers find homes that are right for them, using our online services, knowledge and technology.
In the case the property is listed/ syndicated by a third parties website or platform ( eg: MLS Database Rets access) or by a Real Estate Brokerage Company ( a listing agent) beycome, with is PAYBACK BUYER PROGRAM, allows buyers and renters to be refunded of the Traditional real estate commission, less of a flat fee ($499 for a sale and $299 for a rental) at the closing. In this case, and only in this case, beycome by and through Beycome Brokerage Realty LLC represent the potential buyer/renter as a real estate broker via a Buyer Broker Agreement (the “Buyer Agreement”). The term of the Buyer Broker Agreement shall be for a period of six (6) months for beycome to serve as the exclusive buyer/leasing agent on that particular listing. Beycome shall only be engaged for that particular listing pursuant to the signed Buyer Broker Agreement.
In the case the property is listed directly by a homeowner (called traditionally For Sale by owner or FSBO and For rent by owner or FRBO) beycome will help to facilitate the communication and the completion of rental and/or sales transactions.
The beycome platform allows buyers, renters to contact sellers, landlord or Listing agent, make an offer, negotiate basic terms and finally enter into an agreement.
If a seller has listed their home on the MLS, they’ve agreed to pay a buyer agent commission (BAC), usually around 3% (5% on a rental) of the price of the home. beycome collects ( as the buyer agent) those funds for the buyer and refunds up to 100% back to the buyer for closing costs, less the flat fee of $499 ( for a sale) and $299 ( for a rental). To qualify for the refund, buyers/renters must have signed a Buyer Broker Agreement (BBA) with Beycome Brokerage Realty LLC and get pre-qualified or must provide proof of funding and/or funds.
*The BEYCOME PAYBACK BUYER PROGRAM is not available for our current beycome homeowners’ listings.
*The rest of the properties listed by homeowners directly, are not represented by Beycome Brokerage Realty LLC as broker.
You must be either a prospective buyer, renter or seller and must be eighteen (18) years of age or older. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the services and all charges related thereto. You must provide your own access and pay any fees associated with such access. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You will not receive any refund for temporary technical problems. You are hereby granting us, beycome, a worldwide, perpetual, irrevocable, royalty-free, sublicensable right in any media to exercise all copyright and other intellectual property rights with respect the content you provide to us to be published on beycome.com or to use, distribute, modify and create derivative works from such material, in any and all media without any duty to account to you. You are solely responsible for all acts or omissions that occur under your account or password, including for all content (as defined below) that you (or anyone using your account) submit, post or transmit through the services.
We reserve the right to change or discontinue any aspect or feature of beycome and the Services, including their availability and equipment needed to use them, at anytime for any reason and without notice. We may also revise this TOS at anytime for any reason and without notice and such revision will be effective immediately upon posting of the revised TOS. Your use of beycome and the Services may also be subject to the terms of service of our Service Providers and other third parties.
YOUR CONTINUED USE OF BEYCOME AND/OR THE SERVICES WILL CONSTITUTE YOUR AGREEMENT AND ACCEPTANCE OF ALL SUCH CHANGES. IN THE EVENT YOU DO NOT AGREE AND DO NOT ACCEPT THE CHANGES YOUR ONLY REMEDY IS TO IMMEDIATELY CEASE ANY AND ALL USE OF BEYCOME AND/OR THE SERVICES.
For security purposes, Beycome LLC will replace your personal telephone number by providing a redirectional telephone number which will consist of a toll-free telephone number and an individual extension assigned to your account. The redirectional telephone number will send all calls to your original telephone number provided when creating your account. This will allow Beycome LLC to protect your personal information and reduce the risk of potential scams, fraudulent and/or unintended use by other parties.
You may browse and view certain content without registering, but as a condition to using certain aspects of beycome and the Services, you may be required to register. When you register, you must provide us with your current, complete and accurate Personal Information, as needed. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. We reserve the right to refuse to accept your registration or cancel an existing User registration in our sole discretion, at any time and without notice.
You are entirely responsible for any and all activity in your account. It is your responsibility to keep your passwords and other account information confidential. The conditional limited right granted to you to use beycome and/or the Services is personal to you and is not transferable to any other person or entity. You agree to notify us immediately of any unauthorized use of your account or any other breach of security related to beycome and Beycome Brokerage Realty LLC.
By creating an account, you agree to receive certain communications in connection with beycome and Services such as promotional offers, requests, communication from other Users, our e-mail newsletter, text SMS messages. You can opt-out of non-essential communications through beycome or by contacting us.
Please be advised that certain features and requirements by beycome, as a condition to using beycome and the Services are integral to the embedded functionality of beycome and therefore cannot be removed or turned off. If that is the case, your only recourse is to stop using beycome and if applicable uninstall beycome from your device.
beycome's premium feature allows you to list your property on a multiple listing service ("MLS") that notifies brokers who subscribe to the MLS service that the property is for sale or for rent. The MLS service is provided by Beycome Brokerage Realty LLC which is a Service Provider. Please be advised that the mere availability of the MLS service is not a solicitation by Beycome LLC or Beycome Brokerage Realty LLC to become a listing broker in the event your property is already listed with a broker. If you elect to list your property on the MLS, Beycome Brokerage Realty LLC will provide the listing service and you will not be required to pay a commission to Beycome Brokerage Realty LLC in the event your property is sold and/or rented. Notwithstanding, you hereby acknowledge that all MLS listings require a buyer's agency commission be paid.
In addition, you may be provided with the estimated value of your Property by the MLS based upon the sale / rental of comparable properties in the same area. Such information and any other information provided by the MLS is not under our control and we are not responsible or liable for the accuracy of such information.
MLS property listings are modifiable through beycome. beycome restricts MLS listing changes to four (4) per calendar month, this includes addition or removal of photos, text updates, pricing changes, information updates, and the like. If more than four (4) changes need to be made within one calendar month, a $4.99 fee per each additional change will be charged.
The homeowners typically pay agent 2%–3% of the home price for representing you as a buyer.*
beycome contributes 100% of that money to the closing costs.
When the savings are larger than the closing costs, we typically provide you a check for the remainder of the funds that are greater than the closing costs.**We, beycome, only charge our flat fee from the commission paid to us as the closing or when the property is rented/leased. If the property is not closed or rented, our services are free.
** as an added bonus, the refund paid to you is not taxable (based on our understanding of IRS protocol ) but we strongly recommend you consult with your own attorney or tax professional if you have any further questions questions as to any and all potential tax liability of this refund.
You understand and agree that while Beycome Brokerage Realty LLC is a licensed real brokerage and employs real estate agents neither Beycome Brokerage Realty LLC nor its agents represent you for any real estate transaction until you sign either a Buyer Broker Agreement (the "Buyer Agreement"). You further agree that, if both You and the other party involved in the same real estate transaction are Beycome Brokerage Realty LLC customers, Beycome Brokerage Realty LLC may provide services to both parties involved in the transaction. You understand, by using the Website and the Services, that you are entitled to be represented by a separate agent. A limited agent must remain neutral in the representation of a seller and buyer, and may not disclose to either party information likely to weaken the bargaining position of the other. Material facts concerning a defect in the property or a client’s ability to perform on the contract do not fall within the scope of such confidentiality. You agree that Beycome Brokerage Realty LLC is not liable for unknown material facts about the property and that unknown material facts cannot, under any circumstances, be disclosed by Beycome Brokerage Realty LLC. You further agree that You waive the right to, in the event that both buyer and seller are Beycome Brokerage Realty LLC customers, undivided loyalty, absolute confidentiality, and full disclosure from Beycome Brokerage Realty LLC or the Services provided by Beycome Brokerage Realty LLC. You further agree that Beycome Brokerage Realty LLC has no liability to You or any third party in connection with the purchase, sale, rent or sale of Your parcel of residential real estate (Your "Property").
Beycome LLC provides software tools for home buyers, renters, sellers, agents and landlords that desire to buy, lease, rent out or sell residential real estate.
You understand and agree that all Services are intended to simplify the home buying, leasing, renting or selling process, but that the Services do not and cannot offer advice, direction, or definitive answers to questions that You may encounter during the home buying, leasing, renting or home selling process.
All information, data, statistics, comparable sales, home value reports, tips, tricks and responses to frequently asked questions are provided for information purposes only and do not constitute advice or direction for Your transaction. Only You can decide, and You are fully responsible for, how such materials and information are used. Beycome LLC employs in-house and contract attorneys that can assist you in completing standard real estate form contracts, answer specific questions and help provide explanations of contract language. Further, Beycome LLC employs closings agents that may assist in real estate transactions. Such attorneys and agents may also provide drafting suggestions, explanations of typical outcomes, suggested process actions and digital signature capabilities in connection with your use of the Services. Nevertheless, You alone are responsible for all actions taken and all contracts transmitted in connection with the purchase, lease, rent or sale of Your home. You alone are responsible for reading and understanding your Purchase, leasing Contract and the transaction and process outlined therein. If You do not understand any portion of the contract, the process or transaction, You must contact, in writing, to Beycome LLC for clarification of any and all portions that necessitate explanation. You understand and agree that Beycome Brokerage Realty LLC or Beycome LLC is not negotiating, generating, drafting or completing any contracts or transactions on Your behalf. Beycome Brokerage Realty LLC Beycome LLC cannot and does not make any decisions for You and it is Your responsibility to verify all contract drafts and actions that You take are accurate and in Your best interest before signing any contracts or completing any transactions.
Your use of and interaction with Beycome LLC’s attorneys DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP between you and the attorney. You agree that all forms, purchase agreements, disclosure statements, and other documents transmitted by or through the Services, even if prepared using any of the Services, are drafted by You, and by signing any such documents, You expressly acknowledge and agree that You alone are responsible for the content thereof. You are solely responsible for complying with the terms and conditions contained in any such contract, including meeting any deadlines, and You alone are responsible for the consequences of any breach or nonperformance under any such contracts. By physically or electronically signing any such documents produced or transmitted through the Services, You expressly represent and warrant that You have read and that You understood all provisions contained therein. Further, by signing any documents produced or transmitted by or through the Services, You expressly release Beycome Brokerage Realty LLC or Beycome LLC from any liability (i) in connection with the content, legality and enforceability of such documents, (ii) related to the subject matter thereof, or, (iii) arising out of the transactions contemplated therein. Before executing any document by or through the Services, Beycome Brokerage Realty LLC or Beycome LLC strongly recommends that You contact an independent real estate attorney to answer any legal or contract related questions. Beycome Brokerage Realty LLC or Beycome LLC expressly disclaims any liability for, and You further agree to indemnify Beycome Brokerage Realty LLC or Beycome LLC in connection with, any dispute arising out of or related to Your use of the Services and the content of, and Your compliance or non-compliance with, any contract produced or transmitted by or through the Services. In order to use any buyer services provided by Beycome Brokerage Realty LLC or Beycome LLC, You agree and understand that you must sign a Buyer-Broker Agreement. Without signing Buyer-Broker Agreement, Beycome Brokerage Realty LLC or Beycome LLC cannot assist You with purchasing or leasing a property. In order to use any seller, renter services provided by Beycome Brokerage Realty LLC or Beycome LLC, You agree and understand that you must sign a listing agreement. Without signing a listing agreement, Beycome Brokerage Realty LLC or Beycome LLC cannot assist You with the sale of Your property.
User understands and acknowledges that Beycome Brokerage Realty LLC or Beycome LLC is not trained or licensed to provide professional advice regarding the physical or legal condition of any property. Beycome Brokerage Realty LLC or Beycome LLC is also not trained or licensed in tax matters pertaining with the sale or purchase of any property. Beycome Brokerage Realty LLC or Beycome LLC advises buyers and sellers to not rely on any agents of the company for a determination regarding the physical or legal condition of the property. Beycome Brokerage Realty LLC or Beycome LLC strongly recommends that in connection with any offer to acquire or lease any property or contract to sell or rent out any property, User retain the appropriate professional services for certain advice. Beycome Brokerage Realty LLC or Beycome LLC provides User with legal advice solely pertaining to the Real Estate Purchase Contract, but User agrees that there is NO ATTORNEY-CLIENT RELATIONSHIP created from this legal advice.
You agree and authorize Beycome Brokerage Realty LLC or Beycome LLC to make any changes to such Content for any Fair Housing Act violations. The Fair Housing Act provides that it is illegal to advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.
Beycome Brokerage Realty LLC or Beycome LLC will make reasonable efforts to backup data and maintain Content submitted or displayed on the Website, but You will be solely responsible for retaining back-up copies of all information, photographs and other materials submitted to Beycome Brokerage Realty LLC or Beycome LLC.
Mortgage Payments Calculator - As a convenience, we provide Users with a mortgage calculator that estimates monthly mortgage payments, and other fees, based on certain criteria provided by the seller and/or buyer and based on the property. The mortgage calculator is provided by a Service Provider and is only meant to illustrate the approximate mortgage payments associated with a property and is an accurate nor complete representation of the actual mortgage payments in connection with the property.
Links to Third Parties - After an offer has been accepted by a buyer, the buyer may be provided with third-party links which show the names of real estate attorneys, title companies, surveyors, mortgage companies, trade professionals, moving companies and other service providers. We provide these links only as a convenience, and the inclusion of the names of these Service Providers is neither an endorsement nor a recommendation of such Service Providers. We are not responsible or liable for the quality of any of the services rendered by the Service Providers.
Sample Legal Forms - We may also provide sample legal forms for reference. These forms are provided "as is" to be a basic starting point and are not intended to be legal advice and should not be treated as such. The sample forms are provided without any representations or warranties, express or implied and no representation is made as to their validity, accuracy or completeness. Therefore, you must not rely on such sample forms in any manner and you are encouraged to retain an attorney or other legal professional to advise you. No representation is made that such sample forms comply with any plain language obligations that may exist in your jurisdiction.
Photographic Packages - With our Professional Real Estate Photography Package, you will receive 24 High definition images.
Once, the package is selected and paid for a local photographer should call you within 3 business days from the purchase to schedule an appointment with you. After the photo shoot you will receive emails containing your photographs in approximately 24 to 72 business hours.
Because of liability, the photographer cannot move any items, including but not limited to: furniture, and or clutter, etc. The property/home should be ready for the photography shoot upon arrival. The photographer will shoot photographs of the property, as-is. However, the photographer may open or close curtains (for lighting purposes), or move a chair out of the way, if blocking a camera view and/or photographic shot. You shall own the Full rights to all of your photographs. Our network of professional photographers consists of independent contractors who will choose to if they will be insured and bonded, this is not a responsibility of Beycome. We suggest that you to be present at the Real Estate photographic shoot, so that you may provide your guidance and insight.
Professional Real Estate Photography Package CANCELLATION POLICY:
Cancellations will be allowed 48 Hours prior, as long as the photographer has not already come to the home or property and has taken photographs. No cancellations due to weather will be allowed or acceptable, with exception of extreme circumstances such as flood, fire, earthquake, tornado, etc. You can reschedule a shoot no later than a 48-hour notice. If you reschedule with less than a 48-hour notice there will be a cancellation fee of $35 applied, which you will be solely responsible to pay.
Payment for the $79 Flat Fee MLS Service is done in advance of providing the Service. Similarly, the up-front payment of $9 for The Closer Service is done in advance of providing the Service. Payments are processed by third party payment processors. You hereby authorize us to keep your credit card information and associated information on file in your account for the $149 closing fee of The Closer Service or the $89 cancellation fee of The Closer Service.
You may request to terminate a listing if the property has been sold, rented or for any reason and at any time. No partial or full refunds will be available once a payment for the ordered Service has been processed.
Payment of Final Fee and/or Cancellation Fees and Agreement to Collections:
Should you fail to pay any and all final fees after closing (for example: the closer package requires a payment of $9.00 upfront and then a final payment of $149.00 upon closing) and/or cancellation fees which total $89.00, you hereby stipulate and agree that Beycome LLC may send/transfer any and all outstanding debts or payments due and owed by you to Beycome LLC to Beycome LLC’s debt collection partners. Additionally, it is agreed and stipulated that any and all legal fees and costs associated with the collection of these or any other fees or costs on behalf of Beycome LLC are to be charged to you directly pursuant to this agreement.
You may use beycome and Services for lawful purposes only. You are solely responsible for any of your actions in connection with beycome and the Services.
You are prohibited from using beycome and/or the Services, for any unlawful, threatening, abusive, obscene, vulgar, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable material, violates the rights of others, protected by non-disclosure agreement, profane, which or without our express prior written approval contains advertising or any solicitation. or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.
You are not permitted to send bulk unsolicited emails, notifications, communication or other mass messaging, whether commercial in nature or not, through beycome and the Services or to other Users of beycome. You are not permitted to engage in keyword spamming, or otherwise attempt to manipulate beycome search results or any third party applications or websites, use any automated queries, screen and database scraping, spiders, robots, crawlers, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of beycome.com. You are not permitted to restrict any other user of beycome and the Services from using beycome and the Services. You are not permitted to modify, publish, transmit, distribute, publish, participate in the transfer or sale, create derivative works, reproduce, reformulate, adapt, alter, adjust, change, disassemble, frame, decompile, reverse engineer, decrypt, circumvent, damage, limit or in any way exploit, any of the content, code, or software on beycome and the Services, in whole or in part. You are not permitted to use beycome and the Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
You will be solely liable for any and all damages, reasonable attorney fees and costs resulting from your conduct. We reserve the right to limit, suspend or terminate your account or access to beycome and the Services at any time, for any reason and without notice. You acknowledge that we have the right, but not the obligation, to monitor your usage of beycome and the Services, to assess compliance with these TOS, to monitor content contributed by you, and other Users, and to satisfy any law, regulation, legal process or authorized government request.
You may terminate using beycome and the Services at any time by closing your account, discontinuing your use of beycome and the Services, uninstalling beycome from your device, if applicable. Terminating your account does not terminate any of your obligations that may exist as a User of beycome and the Services.
To the extent that you post, upload, input, submit or otherwise transmit information, including text, images and videos to or through beycome and the Services (collectively, "User Content"), you agree that the User Content is true, accurate and complete. You are entirely responsible for all the User Content you provide or otherwise make available on beycome and the Services. You also warrant and represent that you own or otherwise control all of the rights to such User Content, including, without limitation, all the rights necessary for you to transmit and post such User Content, and to transfer your or others' interests and rights in the User Content to Beycome Brokerage Realty LLC.
You hereby acknowledge that you will not use beycome and the Services to transmit and post any User Content that: i) is not related to appropriate subject matters; ii) which is misleading to others, including consumers; iii) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; iv) that you do not have a right to transmit and post under any law or under contractual relationships or where such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; v) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or vi) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By transmitting and posting User Content on beycome and the Services, you represent and warrant that you have the right to grant, to Beycome Brokerage Realty LLC or Beycome LLC an automatic, irrevocable, perpetual, fully paid, transferable, licensable, sub-licensable, assignable, sellable, worldwide license to use, copy, perform, display, and distribute the User Content and to prepare derivative works of, or incorporate the User Content into other works, in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to any public area of beycome and the Services, you grant Beycome Brokerage Realty LLC or Beycome LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on beycome and the Services by any party for any purpose. You further acknowledge that Beycome Brokerage Realty LLC or Beycome LLC is under no obligation to use or post any User Content and may edit or remove any User Content at any time, in its sole discretion and without notice.
You are not permitted to upload, post, reproduce, display or otherwise make available on beycome any material protected by copyright, trademark, confidential material for which you are or a third-party is bound by a confidentiality agreement or other proprietary right without the express permission of the owner of the said material.
When you submit a listing on beycome you represent that you are either the owner of the property and have the right to offer the property for sale or rent, as may be applicable, or that you have a written authorization to act on behalf of the property owner(s) and list the property for sale or rent. You further agree not to provide any false or incomplete information about the property.
Compliance with the law is paramount to a successful listing. Therefore, you hereby acknowledge that listings must comply with the Federal Fair Housing Act of 1968, as amended, and cannot contain any discriminatory preferences or limitations that are based on national origin, race, color, gender, sexual orientation, religion, age, handicap and familial status.
beycome respects the intellectual property rights of others, and demands that Users do the same. Anyone who believes that their work has been reproduced on beycome and the Services in a way that constitutes copyright infringement may notify Beycome Brokerage Realty LLC or Beycome LLC copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:By mail:
By e-mail: email@example.com
Please be advised that if you give notice of copyright infringement by e-mail, we may choose to begin investigating the alleged copyright infringement; however, we must also receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
beycome and/or the Services are intended to be used in the Unites States only. Any use outside the United States is not authorized. You must be at least 18 years old to use beycome and the Services. If you are under the age of 18 you may NOT use beycome and the Services.
beycome and/or the Services may link to other websites, services or resources internally, externally to the Internet or to other applications. When you access third party application and/or websites, you do so at your own risk. Such third parties are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party content, service or resource. The inclusion of any such link does not imply endorsement by us of such content, service or resources.
Third party websites, mobile applications, services or resources may contain links that point to beycome and/or the Services. We have no control over such incoming links and you must use them at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, links, goods or services.
The design of beycome.com and all content on beycome.com and the Services are protected under U.S. and international copyright laws. Beycome LLC owned by Beycome Brokerage Realty LLC and, except as specifically stated or otherwise indicated, all content on beycome and the Services including, but not limited to logos, trade names, product and service names, design marks, slogans, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on the and any other proprietary rights of Beycome Brokerage Realty LLC or Beycome LLC are the property of Beycome Brokerage Realty LLC or Beycome LLC or of third parties and protected by intellectual property laws.
Any software made available on beycome and/or through the Services or downloaded to your device in connection with the use of beycome and the Services is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software.
Beycome Brokerage Realty LLC or Beycome LLC hereby grants you a limited, non-exclusive, non-transferable, personal, non-commercial, terminable license to view content located on beycome and Services. Please note that the Services, products, technology, documents, materials and processes made available through beycome and the Services may be the subject of other intellectual property rights and licenses reserved by Beycome Brokerage Realty LLC or by other third parties.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any other license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of Beycome Brokerage Realty LLC or Beycome LLC or of any third party. Beycome Brokerage Realty LLC or Beycome LLC and/or any third party owner of such rights hereby retain all such rights. Beycome Brokerage Realty LLC or Beycome LLC reserves the right to require you to delete, destroy or otherwise remove any content from beycome and/or the Services that is used in a manner that in Beycome Brokerage Realty LLC or Beycome LLC sole opinion is contrary or otherwise inappropriate, derogatory or offensive.
You are solely responsible to procure and maintain any equipment or service that is necessary to access and use beycome and the Services.
Beycome Brokerage Realty LLC or Beycome LLC does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, services, features, technologies, promotions or improvements. If you send us any unsolicited feedback, you acknowledge and agree that Beycome Brokerage Realty LLC or Beycome LLC will not be under any obligation of confidentiality with respect to the unsolicited feedback. You further agree to give us a worldwide, royalty-free, perpetual, irrevocable, transferrable, assignable, sellable, licensable and sub-licensable right and license to use, reproduce, perform, modify, adapt, publish, translate and distribute such material (in whole or in part) and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in any unsolicited feedback.
BEYCOME AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
BEYCOME BROKERAGE DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO USER CONTENT AND THE INFORMATION ACCESSED FROM, OR VIA, LINKS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
NEITHER BEYCOME BROKERAGE REALTY LLC, THE SERVICE PROVIDERS NOR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ACCESS TO BEYCOME AND THE SERVICES WILL BE UNINTERRUPTED, COMPATIBLE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BEYCOME AND THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BEYCOME AND THE SERVICES.
WE MAKE NO GUARANTEE THAT YOU WILL BE SUCCESSFUL IN SELLING / RENTING YOUR PROPERTY THROUGH BEYCOME.COM AND THE SERVICES. WE DO NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, EFFECTIVENESS OR RELIABILITY OF ANY CONTENT POSTED BY US OR OUR USERS. YOU HEREBY ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY US OR OTHER USERS WILL BE AT YOUR OWN RISK AND NOT THE FAULT OF BEYCOME BROKERAGE ITS EMPLOYEES, OFFICERS, AGENTS, PARTNERS, SERVICE PROVIDERS AND AFFILIATES.
BY USING BEYCOME AND THE SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS TOS ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE OR IN THE EVENT YOU DISAGREE WITH THIS TOS OR ANY OTHER POLICY, PRACTICE OR ACTION OF BEYCOME BROKERAGE, YOU AGREE THAT YOUR SOLE RECOURSE WOULD BE TO IMMEDIATELY STOP USING BEYCOME AND THE SERVICES.
Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. The TOS and specifically this Section shall not act to limit any of your rights under applicable law.
IN NO EVENT SHALL BEYCOME BROKERAGE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BEYCOME AND THE SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE BEYCOME AND THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE BEYCOME AND THE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH BEYCOME AND THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF BEYCOME AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEYCOME BROKERAGE REALTY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF BEYCOME AND THE SERVICES, AND ALL OTHER USE OF BEYCOME AND THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS THEREFROM.
BEYCOME BROKERAGE REALTY LLC EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE AS A RESULT OF USING BEYCOME AND THE SERVICES. BEYCOME AND THE SERVICES ARE ONLY A VENUE AND PLATFORM FOR SELLERS AND BUYERS TO FIND ONE ANOTHER, BEYCOME BROKERAGE REALTY LLC WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY PROPERTY LISTED ON BEYCOME AND THE SERVICES. YOU EXPRESSLY WAIVE AND RELEASE BEYCOME BROKERAGE REALTY LLC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF BEYCOME AND THE SERVICES.
IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE BEYCOME BROKERAGE REALTY LLC, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES. EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, CONTRACTORS AFFILIATES, AGENTS AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
You expressly waive and release any and all rights and benefits under section 1542 of the civil code of the State of California (or any analogous law of any other state), which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor."
This TOS constitutes the entire agreement between Beycome Brokerage Realty LLC or Beycome LLC and you with respect to the subject matter hereof, and supersede all previous written or oral agreements between us. This TOS shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Venue for any legal action shall be with the courts located in Miami-Dade County. No waiver by either of us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Any provision that by its nature requires performance or non-performance after the termination or expiration of this TOS shall survive the expiration or termination of the Agreement. Beycome Brokerage Realty LLC or Beycome LLC may assign this TOS, in whole or in part, at any time with or without notice to you. You may not assign this TOS, or assign, transfer or sub-license any of your rights, if any, in beycome and the Services.
We and You each hereby acknowledge that the other party has entered into this TOS upon the reliance on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between us. That without such limitations Beycome Brokerage Realty LLC or Beycome LLC would not made beycome and Services available to you.
The foregoing provisions contained in this TOS are for the benefit of Beycome Brokerage Realty LLC or Beycome LLC, its subsidiaries, affiliates, Service Providers, licensors, assignees, successors, employees, officers, members, managers, contractors, agents and third parties and each shall have the right to assert and enforce such provisions directly on its own behalf.
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 beycome and the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BY CONTINUING TO USE BEYCOME AND THE SERVICES YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE THAT YOUR USE OF BEYCOME AND THE SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TOS.