Prolux U.S., Inc. provides the services offered on the bestowner.com Web site to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON BESTOWNER.COM, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU.
1. Access and Registration. If you open an Account at bestowner.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access bestowner.com using your name in whole or in part without our permission. If you believe someone has accessed bestownerr.com using your user name and password without your authorization, e-mail us immediately.
You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access bestowner.com through an Internet access provider or other third party service.
2. Customer Listing, Password, and Security. Customers may create a user name (your e-mail) and password. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. 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 the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever.
4. Customer Responsibilities Concerning Property Listings.
A. Plan 1(6 months plan) Any Customer who registers for Plan 1 will be billed a one-time flat fee of $395 (if no additional service is required), which entitles the Customer to maintain the property listing for 6 months at Realtor.com and on the PROLUX-US.COM website until it is sold. Any Customer who registers for Plan 1 has his property listed on an available local multiple listing service (“MLS”) for six months accessible by real estate brokers/agents in the area (the “MLS Service”). There may be a delay (usually 5 to 7 business days) in the activation of the MLS listing. In addition, the Customer will receive one professional yard sign with a hard metal frame and two directional signs. The MLS Listing expires after six (6) months. You may extend an MLS Listing for additional six (6) months periods by paying an additional $100 per six-month period.
B. Plan 2 (12 months plan). Any Customer who registers for the Plan 2 will be billed a one-time flat fee of $495 (without any additional service), which entitles the Customer to maintain the property listing for 12 months at Realtor.com and on the PROLUX-US.COM website until it is sold. In addition, the Customer will receive one professional yard sign with a hard metal frame and two directional signs. Any Customer who registers for Plan 2 has his property listed on an available local multiple listing service (“MLS”) for twelve months accessible by real estate brokers/agents in the area (the “MLS Service”). There may be a delay (usually 5 to 7 business days) in the activation of the MLS listing.
C. Placement on Other/Third-Party Web Sites. The Plans above also provide that we will submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites. YOU ARE NOT PURCHASING A LISTING WITH THESE OTHER/THIRD-PARTY WEBSITES AS PART OF THE FEE THAT YOU PAY TO bestowner.com. To the contrary, we submit your property listing information to other/third-party Web sites for inclusion on those other/third-party Web sites as part of the Services. IF, HOWEVER, A THIRD-PARTY WEB SITE REJECTS YOUR PROPERTY LISTING FOR ANY REASON, YOU HAVE NO RECOURSE AGAINST bestowner.com. In addition, the particular other/third-party Web sites to which we will submit your property listing information are subject to change without notice to you. IF YOU OBJECT TO ANY CHANGES TO THE LIST OF OTHER/THIRD-PARTY WEB SITES TO WHICH WE WILL SUBMIT YOUR PROPERTY LISTING INFORMATION, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. Moreover, Web sites owned or operated by third parties are not under our control. Accordingly, we cannot guarantee that your property listing information (including images) associated with your property listing will appear on any particular third-party Web site or will appear in a certain way on such third-party Web site. Further, we are not responsible for any modifications or changes made to third-party Web sites. YOU AGREE AND ACKNOWLEDGE THAT bestownerr.com SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING CLAIMS RELATED TO THE SUBMISSION OF YOUR PROPERTY LISTINGS INFORMATION TO OR THE USE, DISPLAY, OR MODIFICATION OF YOUR PROPERTY LISTING INFORMATION ON OR BY THIRD-PARTY WEB SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH CLAIMS SHALL BE TO CEASE USING THE SERVICES.
D. How to Remove Your Listing/Cancel Your Ad Login at www. bestowner.com /login using your listing number and password. Click on your listing number then click “Cancel.” Fill out the cancellation survey completely and click “Cancel Ad.” Clicking the “Cancel Ad” button will cancel your property listing instantly and provide on-screen confirmation. Cancellation of an Internet listing on ForSaleByOwner.com has no effect on an affiliate publication, publication listing, or MLS listing.
6. Refunds in General. Under certain limited circumstances, bestowner..com may refund the purchase price or a portion of the purchase price for Services purchased from bestowner.com.
A. Customer Obligations concerning Cancellation. In certain cases in its sole discretion,bestowner.com will attempt to make commercially reasonable efforts to accommodate its users and Customers that purchase products or the Services from bestowner.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform bestowner.com that you are canceling a purchase , and bestowner.com is under no obligation to make accommodation for users of Customers. Bestowner.com IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
B. Voiding Charges within 24 Hours of Purchase. If you or Customers or purchasers of a product through the bestowner.com on-line shop or the Services notify bestowner.com in writing of a cancellation within 24 hours of a purchase of a product or the Services, then bestowner.com will void, reverse, or credit the charges on such purchase.
C. Refund and Change Policy after 24 Hours from Purchase of Services. For all Services/plans described in Section 4 AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, THERE IS NO REFUND FOR ANY REASON. IN ADDITION, AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, YOU CANNOT DOWNGRADE YOU PLAN AND RECEIVE A REFUND.
D. Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF bestowner.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
E. Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH A SERVICE PLAN.
No Refunds for Services Provided through an Affiliate Publisher or Third Party. THERE ARE NO REFUNDS IF A USER GAINS ACCESS TO THE SERVICES THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. UNDER THESE CIRCUMSTANCES, YOUR ONLY RECOURSE IS THROUGH THE AFFILIATE PUBLISHER OR THIRD PARTY.
7. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, bestowner.com, including for example communication during registration, , message or chat area, posting any listing or other content, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of bestowner.com that specifically ask for unique, fictitious names).
For all such information and material, you grant bestowner.com, its affiliates and related entities (including third-party affiliates/partners) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all affiliated Web sites, to include the information in a searchable format accessible by users of bestowner.com, other bestowner.com Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant bestowner.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
8. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
9. Disclaimers and Limitation of Liability. While bestowner.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. Bestowner.com DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
USE OF bestowner.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER bestowner.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING bestowner.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; PRODUCTS OR SERVICES AVAILABLE; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING bestowner.com OR THE SERVICES. Bestowner.com AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS bestowner.com AND SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF bestowner.com; (2) bestowner.com’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
11. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. 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 AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION.
12. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the “look and feel” of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
13. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions.
14. Use of E-mail System. By using our e-mail system to contact bestowner.com Customers, you are agreeing to these Terms, including, without limitation. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on bestowner.com.