Last updated: August 30, 2019
Through www.beycome.com (“Website”), beycome LLC and Beycome Brokerage Realty LLC (collectively, “beycome”, “we”, “us”, or “our”) provide an online service for homeowners to list their residential real estate on the Website and, if selected by the homeowner, through the applicable real estate multiple listing service (“MLS”), and prospective buyers and tenants to find and purchase or lease, respectively, such real estate (collectively, the “Service”). Beycome Brokerage Realty LLC is the licensed real estate broker for transactions consummated through the Website, which is owned by beycome LLC.
These Terms are a binding agreement between you (“you” or “your”) and beycome (“beycome”). For purposes of clarity, references to “you” in these Terms apply to any and all users or visitors to the Website and/or Service. You and beycome are the only parties to these Terms and may be referred to in the singular as a “Party” or in the plural as “Parties”. These Terms govern your access to and use of the Website and Service. You also may be subject to additional terms and conditions set forth in the Buyer Agreement and Listing Agreement that may apply when you list, purchase, or rent, as applicable, Property through the Service.
beycome may, at its own discretion, and without advance notice, modify these Terms, or change, suspend, discontinue, impose limits or restrict access to any aspect of the Service at any time. If you disagree with the modifications, your only recourse is to discontinue use of the Service in its entirety. By continuing to access or use the Service, you are indicating you agree to be bound by the modified Terms.
BY CLICKING THE "I AGREE" AND/OR “I CERTIFY” BUTTON, YOU ACKNOWLEDGE AND AGREE THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) YOU ARE 18 YEARS OF AGE OR OLDER AND OF LEGAL AGE, AND ABLE TO ENTER INTO A LEGALLY BINDING CONTRACT; AND (C) YOU ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.
For purposes of these Terms, the following terms shall have the meanings set forth below: “Buyer” means a person who uses the Service to find and purchase a Property. “Content” means all materials, excluding Personal Information, but otherwise including, without limitation, information, data, text, design elements, graphics, images, audio, video, and other content, contained in or delivered via the Website or otherwise made available by beycome in connection with the Service.
Documentation” means the documentation provided to Users electronically via the Website, which explains how to access and use the Service.
Intellectual Property Rights" means all legally recognized forms of intellectual Property and rights therein, irrespective of whether such rights are based upon common law, statute, regulation, ordinance, agreement, contract, treaty, convention or otherwise, and to the full extent such rights may arise or be recognized under any law, rule or regulation, whether federal, state, local or foreign.
Owner” means a person who uses the Service to list a Property for sale or rent.
Payment Service” means any and all payment processing service used or provided by beycome’s third party payment processor(s) in connection with your use of the Service.
Personal Information" means any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted or located, such as the individual's name, address, social security number, etc., and any other information relating to an identified or identifiable individual. “Personal Information” includes "nonpublic personal information," as defined under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), "protected health information" as defined under the Health and Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d), and "Personal Data" as that term is defined in EU Data Protection Directive (Directive 95/46/EEC) and its successor, the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) on the protection of individuals with regard to processing of personal data and the free movement of such data, and all rules and regulations issued under any of the foregoing.
Process" means to perform any operation or set of operations on any data, information, material, work, expression or other Content, including to: collect, capture, process, record, receive, input, upload, download, recover, reproduce, store, organize, combine, log, catalog, cross-reference, manage, maintain, calculate, copy, adapt, alter, transform, translate, prepare derivative works, process, retrieve, output, use, disseminate, transmit, submit, post, transfer, display, provide, delete, block, or erase. "Processing" and "Processed" shall have correlative meanings.
Property” means any residential real property listed and made available for purchase or rent through the Service.
Renter” means a person who uses the Service to find and rent a Property.
Technological Safeguard” means any code, device feature or functionality which has been intentionally provided by or on behalf of beycome, and which is, or may be at any time lawfully invoked under the unilateral control of beycome, at its sole and exclusive discretion, to monitor, detect, document, prevent, limit, deny, interrupt or terminate unauthorized, improper or illegal access or use of the Website and/or the Documentation. Technological Safeguards may include, but are not limited to, cookies, keys, locks, backdoors, drop dead devices and revocation or disablement of passwords and/or User Accounts (as defined below).
User” means any and all visitors to the Website, including Buyers, Owners, and Renters, as applicable.
User Data” means any information or data, including, without limitation, any Personal Information, which a User, at any time uploads, enters, inputs, sends, transmits or otherwise makes available for Processing through or using the Service. User Data does not include, and expressly excludes, any code, information, Content or data owned by beycome or any third-party licensor of beycome.
- Limited License. Subject to and expressly conditioned on your compliance with these Terms, including timely payment of all amounts owed, beycome grants to you, during the applicable term, a personal, non-transferable, revocable, non-sublicensable, non-exclusive, worldwide right and license (“License”) to (i) access and use the Service and the Website; and (ii) access and view the Documentation via the Website. Other than access and use under the License, any other access or use is prohibited. Any and all rights owned or held by beycome and/or our third party licensors not expressly granted to you under this License, including all Intellectual Property Rights relating thereto, are reserved and shall remain owned solely and exclusively in their entirety by beycome, its successors, assigns, and its third party licensors, if any.
- Laws, Rules and Regulations. You agree that you are responsible for, and will abide by, all laws, rules and regulations applicable to your access and use of the Service, including any transactions entered into through the Service. Owners further agree that you are responsible for, and will abide by, all laws, rules, ordinances, and regulations applicable to the listing of your Property and all related conduct, including, but not limited to, those relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. There may be circumstances where we are legally obligated (as we may determine in our sole discretion) to share information, including Personal Information, you provide through the Service or otherwise in order to comply with requests from governmental bodies in relation to investigations, litigation, or administrative proceedings, but, unless restricted by applicable law, we will inform you of such request before sharing the information.
- Network Transmissions. You understand that the technical processing and transmission of the Website, your Content and your User Data may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- Communications. By using the Service, you agree to receive emails and/or text messages, whether from the Service or directly from beycome or another User, related to listing, buying or renting a Property, service or customer support requests, and beycome promotional materials, newsletters, marketing, or other information that may be of interest to you based on your preferences. Every email from beycome contains a link to opt-out of these communications and you may revoke your consent to be contacted by text message by replying “STOP” to a text notification or by emailing us at [email protected] at any time. You further agree that:
BY USING THE SERVICE AND CLICK-ACCEPTING THESE TERMS, YOU HEREBY GIVE BEYCOME, AND ITS SERVICE PROVIDERS, EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO BEYCOME, THE SERVICE, AND/OR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, NOTIFICATIONS PERTAINING TO YOUR TRANSACTIONS OR REQUESTS, BEYCOME NEWSLETTERS, AND ADVERTISING, MARKETING, AND/OR PROMOTIONAL INFORMATION AND OFFERS. BY SUBMITTING A REQUEST OR INQUIRY FOR THIRD PARTY SERVICES, YOU HEREBY GIVE BEYCOME, AND THE APPLICABLE THIRD PARTY, EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH NOTIFICATIONS, INFORMATION, AND OFFERS RELATED TO BEYCOME, THE SERVICE, YOUR USE OF THE SERVICE, THE THIRD PARTY, AND THE THIRD PARTY SERVICES. BY USING THE SERVICE, CLICK-ACCEPTING THESE TERMS, OR SUBMITTING A REQUEST OR INQUIRY FOR THIRD PARTY SERVICES, YOU ARE ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS PROVISION ARE NOT A CONDITION OF YOUR REGISTRATION FOR, OR USE OF, THE SERVICE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED FOR THE CALL UNDER YOUR PHONE PLAN. YOU ACKNOWLEDGE AND AGREE THAT MESSAGE AND DATA RATES (FOR EXAMPLE, FROM YOUR NETWORK PROVIDER) MAY APPLY. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY BE BILLED TO YOU BY YOUR COMMUNICATIONS CARRIERS WHEN WE CONTACT YOU.
- User Data. You agree that, with respect to other Users' User Data that you obtain directly or indirectly from or through the Service or through any Service-related communication, transaction or software, you may not use any such information for any unlawful purpose or with any unlawful intent.
- Translations and Maps. We cannot guarantee the accuracy or quality of any User-contributed Content which is translated for display on the Website, and you are solely responsible for review, verification and accuracy of such translation. Maps that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html.
- International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, Content, and User Data. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations restricting or otherwise pertaining to the use, transmission, display, exporting, or importing of data, products, services, and/or technical information. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of the Service to any person, geographic area, or jurisdiction.
- Accounts and Passwords. In order to access and use certain functionalities of the Service, the User will be required to register for a User-specific account and password (“Account”). Each registered User will have a personal, non-transferable, account and password for access to that User’s Account that may not be shared or used by more than one person. Passwords and User Accounts are subject to revocation or suspension by beycome without advance notice for any lawful reason. You are responsible for maintaining the confidentiality and security of your password and User Account. You agree not to allow, provide or facilitate access to your Account to any other User.
- Account Security. You agree to (i) keep your password and user ID secure and strictly confidential, and (ii) notify us immediately and select a new user ID and password if you believe your password for either your User Account with us or your associated email account may have become known to an unauthorized person. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your user ID and password and take any other related action as we may reasonably request. In the event you share your user ID and password with an unauthorized person, or fail to reasonably safeguard such information, you are responsible for any and all transactions made with your Account, including fraudulent or unintentional transactions, and we may, without notice, suspend or cancel your Account.
- Telephone Security. For security purposes, beycome will replace your personal telephone number by providing a free redirectional telephone number which will consist of a toll-free telephone number and an individual extension assigned to your User Account. The redirectional telephone number will send all calls to your original telephone number provided when creating your Account. This will allow beycome to protect your Personal Information and reduce the risk of potential scams, fraudulent and/or unintended use by other parties.
- Owner Background Checks and Other Separate Agreements. You acknowledge and agree that (i) Owner reserves the right, and (ii) you may be required, to enter into one or more separate agreements, such as a Buyer Agreement, or provide additional information, including, but not limited to, entering into a lease agreement, completing a background check (including an independent credit and/or criminal history check), and signing waivers or terms and conditions. beycome does not in any way participate in or otherwise inform the decision of any Owner relating to background checks, or separate agreements.
- Owner Representation and Warranty. You represent and warrant that you own or otherwise have all the rights, power, and authority necessary to grant the foregoing license, and that Owner Content (i) does not infringe, violate, misappropriate, or otherwise conflict with the rights, including intellectual Property rights, of any third party, (ii) complies with all applicable laws and regulations, and (iii) must be complete, accurate and truthful.
- Display of Content. Owners are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Owner intended. Photographs should depict the actual Property as the main subject of the photograph and may not include children or adults if you do not have their legal consent.
- Owner Listings. You acknowledge and agree that if you submit a listing through the Service, you represent and warrant that (i) you own the Property and have all rights to list the Property for sale or rent, as applicable, or that you are authorized to act on behalf of the Property Owner(s) to list the Property for sale or rent; and (ii) the listing of the Property is complete, accurate, and truthful.
- Certain Restrictions. You understand that you are liable for all Content and User Data, in whatever form, that you provide or otherwise make available to or through the Service, including to other Users. You agree not to use the Service to:
• upload, post, e-mail, transmit, or otherwise make available any Content or User Data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• upload, post, e-mail, transmit, or otherwise make available any Content or User Data that is false, inaccurate, incomplete, untimely, or misleading;
• target or harm minors in any way;
• facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize other than raffles, contests, or sweepstakes conducted in a manner that complies with the law;
• impersonate any person or entity, including, but not limited to, a beycome representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Data transmitted through the Service;
• upload, post, e-mail, transmit, or otherwise make available any Content or User Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, e-mail, transmit, or otherwise make available any Content or User Data that infringes any patent, trademark, trade secret, copyright, or other intellectual Property or proprietary rights of any person or entity;
• upload, post, e-mail, transmit, or otherwise make available any Content or User Data related to the sale, lease, rental, or provision of goods and services other than any Content or User Data related to the sale, lease, rental, or provision of Properties and related goods and services offered by Owners in conjunction with Properties;
• upload, post, e-mail, transmit, or otherwise make available any Content or User Data that contains 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 to otherwise interact with the Service in a manner not permitted by these Terms or expressly authorized by beycome;
• interfere with or disrupt the Service or servers or networks connected to the Website, interfere with the use of the Service by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
• intentionally or unintentionally violate any applicable law or regulation;
• use an inappropriate username of any kind;
• provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• stalk or otherwise harass any person or entity; or
• collect or store Personal Information about other Users in connection with the prohibited conduct and activities set forth in paragraphs above.
- beycome Trademarks. The trademarks, service marks, and logos of beycome (“beycome Trademarks”) used and displayed in connection with the Service are registered and unregistered trademarks or service marks of beycome. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (“Third Party Trademarks”, and, collectively with beycome Trademarks, the “Trademarks”). The use of the Service shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of beycome specific for each such use. The Trademarks may not be used to disparage beycome, any third party, or beycome’s or third party's products or services, or in any manner (in beycome’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited unless beycome approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any beycome Trademark shall inure to beycome’s benefit.
- beycome Copyrights. All Content, such as text, graphics, logos, button icons, images, audio clips, and applications, as well as the compilation of any of the foregoing (meaning the collection, arrangement, and assembly) (“beycome Copyrights”), are the property of beycome or its Owners and protected by U.S. and international copyright laws. You acknowledge and agree that beycome Copyrights presented to you through the Service or by any third-party advertisers are protected by all relevant proprietary rights and laws. Except as expressly authorized by beycome or such third-party advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any beycome Copyrights, the Website, in whole or in part.
- Ancillary Facilities. In no event shall beycome have any obligation to provide, maintain or support any hardware, connectivity, third party software, communications services, bandwidth, and other goods, software, services and facilities necessary to access and use the Website, or otherwise exercise the License granted under subsection 2.1 above (“Ancillary Facilities”).
- Technological Safeguards. beycome shall have the right, but shall have no obligation, to use Technological Safeguards in a lawful manner at any time: (a) to monitor access and use of the Website and the Documentation; (b) to detect, document, prevent, limit, deny, interrupt or terminate unauthorized or illegal access or use of the Website or the Documentation by any User or person; (c) to protect Intellectual Property Rights of beycome or its third party licensors; (d) in an attempt to avoid, limit or mitigate loss to any person; and (e) to carry out any obligation of beycome under these Terms.
- Security and Other Risks. beycome shall exercise commercially reasonable due care to maintain the security of the Website. You acknowledge that your acceptance of these Terms, use of the Website, and exercise of the License are voluntary and undertaken with full knowledge and awareness that such activities necessarily entail risks, including security breaches, unavailability, loss or corruption of data, and other inherent risks associated with computer software, communications via the Internet, electronic communications and Processing.
- Service Modifications and Suspensions. Your use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we may take in our sole discretion and from time to time. We reserve the right at any time to, and from time to time may, modify, suspend, or discontinue, temporarily or permanently, the Website (or any part thereof) for any reason or no reason with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
- MLS Service. beycome allows you to list your Property on an MLS Service that notifies brokers and/or real estate agents who subscribe to the MLS Service that the Property is for sale or for rent. The MLS Service is provided by beycome pursuant to an executed Listing Agreement. Mere availability of the MLS Service is not a solicitation by beycome to become a listing broker.
- Mortgage Payments Calculator. We provide Users with a mortgage calculator that estimates monthly mortgage payments, and other fees, based on certain criteria provided by the Owner and/or Buyer and based on the Property. The mortgage calculator is only meant to illustrate the approximate mortgage payments associated with a Property and is neither an accurate nor complete representation of the actual mortgage payments in connection with the Property.
- Third Party Services. Buyers may be provided with third party links of real estate attorneys, title companies, surveyors, mortgage companies, trade professionals, moving companies and other service providers. beycome provides these links only as a convenience to its Users, and the provision of such third-party names or links is neither an endorsement nor a recommendation. beycome is not responsible or liable for the quality of any of the services rendered by the third-party providers.
- Sample Legal Forms. beycome may provide sample legal forms for reference. These forms are not intended to be legal advice and should not be treated as such. These forms are provided without any representations or warranties, express or implied, and no representation is made as to their validity, accuracy or completeness. Users are encouraged to retain an attorney or other legal professional to provide professional advice.
- Photography Packages. beycome offers professional real estate photography services for purchase by Owners that include 24 high-definition images of the Property, taken as-is, by local photographers.
Buyer and Renter Service Fee. Subject to and in accordance with an executed Buyer Agreement, beycome charges, as applicable, (i) Buyers a flat fee as detailed in the table below for the purchase of a Property listed on the Website or syndicated by a third party website or by a real estate brokerage company; and (ii) Renters a flat fee of $299 for the rental of a Property listed on the Website or syndicated by a third party website or by a real estate brokerage company. Owner will pay such amounts to the Buyer's agent in the case of the purchase of the Property, at the time of closing and in the case of a rental of the Property, at the time of the lease execution. beycome shall only be engaged for that particular listing pursuant to a signed Buyer Agreement. For Properties listed directly by the Owner (also known as For Sale by Owner, or FSBO, and For Rent by Owner, or FRBO), beycome will facilitate the communication and completion of the sale or rental transaction, as applicable.
|$30,000 to $500,000
|$500,001 to $750,000
|$750,001 to $1,299,999
|$1,300,000 to $1,999,999
|$2,000,000 and up
Owner Service Fee. Subject to and in accordance with an executed Listing Agreement, beycome charges Owner a one-time flat fee in accordance with the pricing listed on the Website for the MLS package ($79) , MLS Premium Package ($159) and MLS Max Package ($299) (“Flat Fee”),for listing of their Property through the MLS Service. Payment is due upon execution of listing Agreement.
- Payment Method. You authorize our third-party payment processor(s) to store and charge your credit card as outlined in these Terms. You retain sole responsibility for the accuracy and completeness of your credit card information. We are not responsible for any loss suffered by you as a result of incorrect credit card information provided by you.
- Updates. beycome or its third-party payment processor may, at its own discretion, and without advance notice, improve, enhance, modify, restrict, limit or add features to its Payment Services at any time. Notification of such changes will be posted through the Service. If you disagree with the changes, your only recourse is to discontinue use of the Service. By continuing to access or use the Service after we have posted a modification through the Service or provided notice of the modification, you are indicating your acceptance of the modified Payment Services.
- Additional Terms. You may be required to accept additional terms and conditions in order to access or use certain Payment Services. If there is a conflict between these Terms and the terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service.
- Third party Processors. Certain third-party payment processors may charge you additional fees when processing payments in connection with the Payment Services. We are not responsible for any such fees and disclaim all liability in this regard.
- Legal Compliance. You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Except as otherwise permitted in these Terms, you shall not, and shall not purport to authorize, knowingly induce, or knowingly permit, any other person to, or attempt to:
(a) download, copy, publish or transmit any of the Website;
(b) modify, tamper with, adapt, translate, enhance or prepare derivative works or improvements of the Website, the Documentation, or any portions thereof;
(c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available to any person, the Website, the Documentation, or any portions thereof;
(d) reverse engineer, disassemble, decompile, decode, or decrypt the Website;
(e) intentionally bypass, breach, disable or defeat any security feature, Technological Safeguard or protection used in, or in connection with the Website or the Documentation;
(f) remove, alter, obscure, translate, combine, supplement or otherwise change any portion of any screen display; trademark or copyright marks; Documentation; disclaimer; version or release number; or serial numbers which may be present in, or may be displayed by or in connection with use of the Website or the Documentation;
(g) access, use, or permit any other person to access or use the Website or the Documentation in any manner that violates these Terms, or any applicable law, or that infringes any Intellectual Property Right of beycome or any other person;
(h) Process, or cause to be Processed, by way of the Website, any User Data or other Personal Information other than that which is: (i) owned by you; (ii) in the public domain and free of third party Intellectual Property Rights; or (iii) permissible by virtue of one or more valid, enforceable and subsisting licenses of adequate scope granted to you by one or more third parties; except that you shall not be prohibited from carrying out or causing such Processing if, and only to any limited extent that, so doing would otherwise be lawful and would not infringe, or cause or induce beycome or any other person to infringe, any third party Intellectual Property Rights; or
(i) at any time, use, develop, distribute, or aid others in developing any software, website or service which is substantially functionally similar to, or competitive with, the Website or Service, and/or which infringes any Intellectual Property Rights of beycome.
Subject to all terms and conditions of these Terms, each Party represents and warrants to the other Party that: (a) it is duly organized, validly existing and in good standing as a legal entity under the laws of the jurisdiction under whose laws it was organized or formed; (b) its entry into these Terms has been duly authorized; and (c) its undersigned representative has been duly authorized and has full legal capacity and all power and authority necessary to execute these Terms on behalf of the Party and by so doing, to legally bind that Party to all terms and conditions of these Terms.
YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS AND YOUR USE OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED BEYCOME TO ENTER INTO THESE TERMS WITH YOU. THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BEYCOME AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THESE DISCLAIMER OF WARRANTIES WERE SPECIFICALLY BARGAINED FOR AND ARE ACCEPTABLE TO YOU AND THAT YOUR WILLINGNESS TO AGREE TO THESE DISCLAIMER OF WARRANTIES IS MATERIAL TO BEYCOME’S DECISION TO ENTER INTO THIS AGREEMENT. THIS DISCLAIMER OF WARRANTIES SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEYCOME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BEYCOME MAKES NO WARRANTY THAT: (I) THE SERVICE, THE WEBSITE, OR THE DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICE, THE WEBSITE, OR THE DOCUMENTATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE WEBSITE, OR THE DOCUMENTATION WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICE, THE WEBSITE, OR THE DOCUMENTATION WILL BE CORRECTED. BEYCOME IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER OR THIRD PARTY; AND BEYCOME WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (IV) ABOVE. YOU ACKNOWLEDGE THAT BEYCOME HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF THE TRANSACTION, THE TRUTH OR ACCURACY OF ANY USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. BEYCOME HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of Users and/or third parties in connection with the Service to beycome. beycome, in its sole discretion, may investigate the claim and take any necessary action. Please report any violations of these Terms by e-mail to [email protected].
BEYCOME DOES NOT OWN, SELL, RESELL, PROVIDE, CONTROL, MANAGE, OFFER, DELIVER, OR SUPPLY ANY PROPERTIES. OWNER, BUYER AND RENTER ACKNOWLEDGE AND AGREE THAT OWNER, BUYER AND RENTER ALONE ARE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO THE PROPERTIES AND ANY ASSOCIATED SERVICES, INCLUDING ANY PERSONAL OR PROPERTY DAMAGE THAT OCCURS IN OR TO THE PROPERTIES. WHEN AN OWNER ACCEPTS AN OFFER FROM A BUYER OR RENTER, THE OWNER IS ENTERING INTO A CONTRACT DIRECTLY WITH THE BUYER OR RENTER. BEYCOME IS NOT AND DOES NOT BECOME A PARTY TO, OR OTHER PARTICIPANT IN, ANY CONTRACTUAL RELATIONSHIP BETWEEN YOU AND ANOTHER USER, AND BEYCOME IS NOT ACTING AS AN AGENT IN ANY CAPACITY FOR ANY USER, UNLESS THE PARTIES ENTER INTO A BUYER AGREEMENT OR LISTING AGREEMENT. YOU UNDERSTAND, BY USING THE WEBSITE AND SERVICES, THAT YOU ARE ENTITLED TO BE REPRESENTED BY A SEPARATE AGENT.
BEYCOME HAS NO CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY PROPERTIES; (II) THE TRUTH OR ACCURACY OF ANY PROPERTY OR USER DESCRIPTIONS, RATINGS, OR REVIEWS, OR (III) THE PERFORMANCE OR CONDUCT OF ANY USER. BEYCOME DOES NOT ENDORSE ANY USER OR PROPERTY, INCLUDING THE USER’S IDENTITY OR BACKGROUND OR WHETHER THE USER IS TRUSTWORTHY, SAFE OR SUITABLE. RENTERS SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO STAY IN A PROPERTY.
YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, YOUR USE OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED BEYCOME TO ENTER INTO THESE TERMS WITH YOU. THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BEYCOME AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. BEYCOME SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BEYCOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US $100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THESE TERMS, OR (IV) ANY MATTERS BEYOND BEYCOME’S REASONABLE CONTROL. BEYCOME SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS ON AND EXCLUSIONS FROM LIABILITY SET FORTH IN THESE TERMS DO NOT APPLY TO ANY LIABILITY ARISING OUT OF A PARTY’S CONFIDENTIALITY OR BREACH OF ITS INDEMNIFICATION OBLIGATIONS UNDER THESE TERMS OR ANY FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY WERE SPECIFICALLY BARGAINED FOR AND ARE ACCEPTABLE TO YOU AND THAT YOUR WILLINGNESS TO AGREE TO THESE LIMITATIONS OF LIABILITY ARE MATERIAL TO BEYCOME’S DECISION TO ENTER INTO THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Website Content. You agree that all materials, excluding Personal Information, but otherwise including, without limitation, information, data, text, design elements, graphics, images, audio, video, and other Content, contained in or delivered via the Website or otherwise made available by beycome in connection with the Service is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. beycome may own the Website Content, or portions of the Website Content may be made available to beycome through arrangements with third parties. Except as expressly authorized by beycome in writing or in connection with your use of the intended functionality of the services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any Website Content, or post any Website Content on any other website or in a networked computer environment for any purpose. You shall use the Website Content only for purposes that are permitted by these Terms, and any applicable laws and regulations. Any rights not expressly granted in these Terms are reserved.
- Third Party Infringement Claims. If a third party threatens or brings a claim that that the Website, the Service, the Documentation, or any exercise of the License in accordance with these Terms infringes or poses a significant risk of infringing any third party Intellectual Property Rights, beycome may, but is not required to, at beycome’s sole discretion, exercise commercially reasonable efforts to either remedy the infringement to enable your continued use of the Service or terminate your use of the Service upon providing prior, written notice to you.
- DMCA. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the services should be sent to:
Attn: Legal Department
701 Brickell Avenue, Suite 2040
Miami, FL 33131
beycome has adopted and currently implements a policy of terminating, in appropriate circumstances, the Accounts of Users who are deemed repeat infringers or who are repeated charged with infringement.
To send feedback regarding our business, simply send an email to [email protected] You agree that: (i) all submissions and all Content will automatically become the property of beycome, and you are not entitled to any compensation; (ii) beycome may use or redistribute any such submission and its Contents for any purpose and in any way on an aggregated and anonymized basis; (iii) there is no obligation for beycome to review any submission; and (iv) there is no obligation to keep any submission confidential.
- Termination. If you breach any of these Terms, beycome will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. beycome reserves the right to revoke your access to and use of the Service and Website at any time, with or without cause. In the event beycome terminates these Terms for your breach, you will remain liable for all amounts due hereunder.
- Arbitration Dispute Resolution. Any controversy, claim, or dispute arising, directly or indirectly, out of these Terms or your use of the Service, including, without limitation, the applicability or scope of these terms to arbitrate, shall be determined by final, binding arbitration (“Arbitration”). The Arbitration shall be administered in English by JAMS pursuant to JAMS’ International Arbitration Rules for three (3) arbitrators (“Rules”). If the parties are unable to mutually agree on an arbitrator within fifteen (15) days of the notice of arbitration, the arbitrator shall be appointed by JAMS in accordance with the Rules. The venue for the Arbitration will be in Miami-Dade County, Florida. The parties shall maintain the confidential nature of the Arbitration proceedings, hearing and award, except as is necessary (i) to prepare for the Arbitration proceedings and hearing; (ii) to compel Arbitration; (ii) to enforce an Arbitration award; or (iii) for an injunctive relief action. Any Arbitration award or decision will be final and binding on the parties, and judgment upon any such award may be entered in any court having competent jurisdiction to enforce such an award. Except as otherwise specifically set forth in these Terms, no action at law or in equity based upon any claim relating, directly or indirectly, to these Terms may be instituted in any court by any party, except: (a) an action to compel Arbitration pursuant to this section; (b) an action to enforce an award obtained in an Arbitration proceeding in accordance with this section; or (c) an action for injunctive relief. Any Arbitration relating, directly or indirectly, to these Terms must occur on an individual basis, and class arbitrations and class actions are hereby specifically agreed to as not permitted.
- Jury Trial Waiver. YOU AND BEYCOME EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. YOU AND BEYCOME EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT IT HAS BEEN INDUCED TO ENTER INTO THESE TERMS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
- Notices. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Service. Notices to you may be made via either e-mail or regular mail to the address in beycome’s records. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices through the Service. Any notice from you to us shall be sent in writing to our mailing address at beycome, Inc., Attn: Legal Department, 701 Brickell Avenue, Suite 2040, Miami, FL 33131.
- Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any action or proceeding to enforce Arbitration or an Arbitration ruling or for an action for injunctive relief, you and beycome each expressly consent to the (i) venue of Miami-Dade County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-convenient or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Miami-Dade County, Florida, USA.
- Injunctive Relief. Notwithstanding the Arbitration obligation set forth above, beycome will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief in court for any violation of these Terms or your use of the Service, and you hereby expressly waive any objection, in any such equitable action, that you may have an adequate remedy at law.
- Prevailing Party Attorneys’ Fees. In the event of any Arbitration, legal proceeding, or action for injunctive relief arising out of or relating to these Terms or your use of the Service, the prevailing party in such Arbitration, legal proceeding, or action for injunctive relief shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such Arbitration, legal proceeding, or action for injunctive relief, as well as at all levels of trial and appeal.
- Cumulative Remedies. The rights and remedies set forth in these Terms are cumulative and concurrent and may be pursued separately, successively or together.
- Export. The Website is controlled and operated by beycome in the United States. The Website is subject to United States export controls. No part of the Website may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services. By using the Website or any part thereof, you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Website may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Website or any part thereof, you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
- Non-Discrimination Policy. beycome is committed to an inclusive marketplace built on a foundation of trust, safety, and respect, and to a global platform that is open to travelers, owners, and Property -managers without regard to race, color, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation, or marital status. We expect all users to demonstrate respect and tolerance in all interactions with other users—both online and off-line—and we reserve the right to remove anyone from our marketplace who fails to abide by these principles.
- Entire Agreement. These Terms constitute the entire agreement between you and beycome and governs your use of the Service, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and beycome on the subject matter hereof, other than any written agreement between you and an authorized officer of beycome relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Service in a manner other than as governed by these Terms.
- Waiver. The failure or delay of beycome to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
- Time to File Claim. 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 Service or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
- Agreement to Be Bound and Survival. Your agreement to be bound by these Terms commence with your accessing or using the Service or otherwise submitting information to beycome through the Service, and your agreement to be so bound will continue until your right to access and use the Service is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination Sections 4, 5, and 10 through 18 of these Terms and any other obligation you have to beycome. If, following the cancellation or termination of your right to access and use the Service, you access or use the Service or otherwise submit information through the Service, then you again, automatically and immediately, are bound by these Terms.
- Counterparts and Electronic Versions. These Terms may be accepted in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. These Terms may be executed in electronic format and/or with digital signatures, each party reserves the right to only maintain an executed copy of these Terms in electronic form, and each party hereby agrees that a print-out of such electronic form of these Terms will be deemed an original for all purposes relating to the enforceability of these Terms.