Effective Date : November, 17th 2016
beycome.com is a website owned by KB Consulting Partners LLC, a Florida limited liability company (“KB”) and provides Internet real estate services. A “User” is a person who is either a buyer, seller or renter of residential real property who accesses the Beycome.com website and otherwise utilizes its services. On this website, KB and its affiliated company, BAR Invest Realty LLC, a Florida limited liability company (“BAR Invest Realty LLC”) provide services (collectively, the “Services“) under the following terms and conditions of service and use (the “Terms”). As used on this website, the terms “we”, “us”, and “our” refer to KB, Beycome.com and BAR Invest Realty LLC and their successors and assigns where appropriate. “You” and “yours” refer to the User. By accessing, browsing or using Beycome.com, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations.
You must be either a prospective buyer 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 granting us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable 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.
All data provided on beycome.com is for your personal, sole and private, non-commercial user and not available for redistribution, retransmission or copying. You may not sell or use the website data for any purpose, other than the purpose of attempting to evaluate properties for sale or purchase or otherwise utilize the tools and resources of Beycome.com. User acknowledges that Beycome.com supplies and owns listing data to User and User acknowledges and agrees to honor the validity of this copyrights for all materials and data.
At the present time, the sole purpose of BAR Invest Realty LLC is to facilitate the listing of your property via BAR Invest Realty LLC on a multiple listing service ( MLS) . We make no guarantee that you will sell / rent your property through Beycome.com. We do not represent or guarantee the truthfulness, accuracy, or reliability of any content posted by Users. You, the User, hereby acknowledge that any reliance on material posted by other Users will be at your own risk and not the fault of BAR Invest Realty LLC its agents or partners.
Our website may contain links to third party websites which are not under our control. We are not responsible or liable for the contents of any linked website, or any link contained in a linked website. We provide these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by us.
When you use our Services, if you choose one of our enhanced programs, your property will be listed on a multiple listing service (MLS) that notifies local brokers that your home is for sale or for rent. Your agreement for such Services will be with BAR Invest Realty LLC, not with KB Consulting Partners LLC. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. If you elect to be listed on the MLS, BAR Invest Realty LLC will provide such services to you and you will not be required to pay a commission to BAR Invest Realty LLC in the event your property is sold /rented. However, you understand and acknowledge that all MLS listings require a buyer’s agency commission if a real estate broker assists you in finding a buyer. As part of the service provided by the MLS, you may be provided with the estimated value of your Property based upon the sale / rental of comparable properties in the same area. The information provided by the MLS regarding the estimated value of your Property and any other information provided by the MLS is not under our control and we are not responsible or liable for the contents of any information provided by the MLS or any link contained in a linked website to the MLS.
As part of our Service, as a convenience, a potential buyer will be provided with estimated monthly mortgage payments for your property based upon on certain criteria provided by the buyer. Because the calculations are provided by third parties, we are not responsible or liable for any inaccuracies of these calculations.
After an offer has been accepted by you, the buyer is provided with third-party links which show the names of real estate lawyers and title companies in the area in which your property is located. We provide these links only as a convenience, and the inclusion of the names of these lawyers and title companies is neither an endorsement nor a recommendation by us. We are not responsible or liable for the quality of any of the services rendered by these third party providers.
As part of our Service, after a buyer communicates with a seller and establishes the terms and conditions of the purchase of a property, the parties are provided with a form on contract and related documents and forms typically used in the locality in which the property is located. These contracts are provided to us by third-party providers and we are not responsible or liable for the content or for any inaccuracies contained in these contracts. We are not attorneys, and none of our employees are not acting as your attorney or providing you with legal advice.
You must (a) provide true, accurate and current information; (b) maintain and update this information and ensure that it remains true, accurate and current. By registering, submitting personal contact information to, or contacting any person or entity on Beycome.com, you affirmatively consent to receive personalized emails, telephone calls and / or faxes from us or our business associates with whom we share information to fulfill your requests. This consent shall apply regardless of that yours status relating to the National Do Not Call Registry.
You agree not to use beycome.com to do any of the following: post images from other websites; insert links to other websites; use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages; use our website to promote or advertise anything except the sale of your single property advertised in our listing service pages; collect information (such as name, address, and contact information) about owners or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property; violate any local, state, national or international law; stalk, harass or harm another individual; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Services or servers or networks connected to the beycome.com Website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to our network; using beycome.com to promote your own Website or any business, product or service through the sending of unsolicited email; use beycome.com to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes; use any content, names, logos, and other materials displayed on Beycome.com which constitute trademarks, trade names, service marks, logos or copywritten material of ours or those of other entities; submit, post, store or transmit any (a) content that is unlawful, harmful or otherwise objectionable; (b) content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not transfer, sell or assign your account or any rights to your account.
You, the user, agree not to upload, post and/or utilize any copywritten, protected, nonpermissive, unauthorized and/or illegally downloaded images, depictions, videos and/or photographs on beycome.com. Should there be any penalty and/or fine assessed to beycome.com, KB CONSULTING PARTNERS LLC or any of its associate or partner companies regarding any of your uploads, utilized materials, images, photographs, videos and/or posts, you shall be completely and totally liable and solely responsible for payment of any of these fines, penalties and/or fees. You also hereby stipulate that beycome.com and KB CONSULTING PARTNERS LLC may immediately remove, delete and destroy, without contacting you the user, any and all complained of images and/or materials upon receipt of any notice of violation or complaint to beycome.com and/or KB CONSULTING PARTNERS LLC from the MLS or any other party regarding any and all posted, utilized and/or uploaded material, including but not limited to: images, photographs, and/or videos. Further, you agree to indemnify beycome.com and/or KB CONSULTING PARTNERS LLC, defend and hold us harmless together with our parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from any litigation from the use of any copywritten, protected, nonpermissive, unauthorized and/or illegally downloaded images, depictions, videos and/or photographs on beycome.com.
To the fullest extent permitted by law, our services are provided “as is,” without warranty or representation of any kind, either express or implied, as to (1) the operation of our website; (2) the information, data, services or products provided through or in connection with this service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this service. We disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortuous behavior, negligence or any other cause of action. Neither we nor any of our officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if we has been advised of the possibility of such damages. We will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password. Some states do not allow the exclusion or limitation of liability for damages. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information. Therefore, the above limitations may not apply. In such states, our respective liability, our officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states’ laws. The provisions of this Paragraph as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason.
You agree to indemnify, defend and hold us harmless together with our parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or content (as defined below) that you (or anyone using your account) submits, posts or transmits through the services, (2) your (or anyone using your account’s) use of the services, (3) your (or anyone using your account’s) violation of these terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses or other similar harmful or deleterious programming routines input by you into Beycome.com.
If you violate any of the terms and conditions contained herein, we reserve the right to refuse to do business with you. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of our services, and refuse to provide any current or future services to you. We reserve the right to terminate your access to Beycome.com and/or cease doing business with you in the event you use any unlawful or otherwise objectionable language, behavior or conduct in any manner towards any of our employees or agents. Additionally, we reserve the right to refuse to do business with any person or allow any person’s content to be placed on Beycome.com in our sole and absolute discretion.
We may change the Terms from time to time. If we do, we will notify you by e-mail or by posting the changes on beycome.com. If you do not agree with such changes, your sole recourse will be to stop using the services. If you continue to use Beycome.com following notice of any such changes, this will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. We also reserve the right to change or discontinue, temporarily or permanently, all or part of the services with or without notice to you. We shall not be liable to you or any third party if we do so. If you object to any such changes, your sole recourse shall be to cease using the services. Continued use of the services following any such changes shall indicate your acknowledgement of such changes.
The Terms and the Privacy Statement constitute the entire and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter contained herein. The Terms shall be construed in accordance with by the laws of the state of Florida. Exclusive venue for enforcement of the Terms shall be in the courts located in Miami-Dade County, Florida and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. In case any one or more of the provisions contained in the Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of the Terms, but the Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. No term or condition of the Terms shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of the Terms, except by written instrument of the party charged with such waiver or estoppel. In the event that the Terms or any part of Beycome.com is translated into another language, in the event of a conflict, the English language Terms and Beycome.com will prevail. 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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