Kodiak Nestor-Dowling

Agreement between User and URE Real Estate

Welcome to UrowRealEstate.com (the “Site”).  The Site is comprised of various web pages operated by Urow Real Estate (“URE”“).   The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).   Your use of the Site constitutes your agreement to all such Terms.   Please read these Terms carefully, and keep a copy of them for your reference.

Privacy  

Your use of the Site is subject to URE’s Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to URE constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirement that such communications be in writing.

Source of Information

The information on this Site is derived from various sources, including public records and the owners of the property listed on this Site.  The information is compiled from sources deemed reliable, but is subject to typographical errors, inaccuracies, and omissions, and is also subject to changes in price, conditions, sale, or withdrawal without notice.   Although the information is believed to be generally accurate, URE makes no representations, warranties, or guaranties whatsoever as to the correctness or accuracy of the information on this Site.   All information on this Site is intended for informational purposes only, and may be changed or updated without notice.  Therefore, you should periodically review the Site so you are aware of any changes or updates to the information on the Site.  The information posted on this Site is not intended to constitute legal, accounting, tax or financial information.  URE supports the  principles of the Fair Housing Act and the Equal Opportunity Act.

Non-Circumvention

Each property described on this Site is listed for sale with URE pursuant to an Exclusive Listing and Commission Agreement.  You agree not to take any action, directly or indirectly, to interfere with or circumvent the listing agreement between the seller and URE, not to directly contact a seller or any representative of a seller, and not attempt to facility the sale of any property described on this Site without the involvement of URE.

Children Under Thirteen

URE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.   If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of URE and URE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  URE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by URE of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the site domain, you hereby acknowledge and consent that URE may share such information and data with any third party with whom URE has a contractual relationship to provide the required product, service or functionality on behalf of users and customers of the Site.

No Unlawful or Prohibited Use/Intellectual Property

All pages within this Site and any material made available for download are the exclusive property of URE.  You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.  As a condition of your use of the Site, you warrant to URE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.   You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included on this Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of URE  and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. URE content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of URE and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content. URE does not grant you any licenses, express or implied, to the intellectual property of URE or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by URE from our offices within the USA.  If you access the Site from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the URE content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless URE, its officers, members, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  URE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with URE in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provision hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Hillsborough County, Florida.  The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations are class/representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and URE agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

URE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMLINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.   YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INFORMATION CONTAINED ON THE SITE. URE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMTITED BY APPLICABLE LAW, IN NO EVENT SHALL URE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE  THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF URE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMIATION MAY NOT APPLY TO YOU.   IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  ANY ACTION CONCERNING A DISPUTE WITH URE ARISING FROM YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF THE DISPUTE ARISES, OR THE CAUSE OF THE ACTION IS BARRED.  TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF URE TO YOU FOR YOUR USE OF THE SITE IS LIMITED TO $500.00

Termination/Access Restriction

URE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.   To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site to the extent such disputes may not be subject to arbitration as provided above.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and URE as a result of this agreement or use of the Site.  URE’s  performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of URE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by URE with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,  enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the you and URE with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and URE with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to Terms

URE reserves the right, in its sole and absolute discretion, to change the Terms under which the Site is offered.   The most current version of the Terms will supersede all previous versions. Your continued use of the Site after changes and updates to these Terms shall constitute your agreement to the revised Terms. URE encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

URE welcomes your questions or comments regarding the Terms:

Urow Real Estate

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