Terms of Use
Wholesale Properties.com, Inc.
1. Introduction
This agreement of Terms of Use (this “Agreement”) is made this day, by and between Wholesale Properties.com, a Florida Corporation (the “Company” or “Wholesale Properties.com”) and you (“You”, “Subscriber and/or User”.
Subscriber is defined as one who registers for specific services and who engages in paying for specific services from Wholesale Properties.com.
User is defined as anyone from the Public who accesses to view or use the services of Wholesale Properties.com’s web site.
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned and operated by Wholesale Properties.com and its affiliates, including, but not limited to the website located at URL www.wholesaleproperties.com. If you do not agree with the terms and conditions of this Agreement, please do not access or use www.wholesaleproperties.com.
When you subscribe to Wholesale Properties.com, you become a “Subscriber and/or User” of Wholesale Properties.com. Wholesale Proeprties.com offers services to you, the Subscriber and/or User, conditioned on your agreement to adhere to the following Terms of Use without modifications of any kind.
Subscribers and/or Users with Wholesale Properties.com and/or use of Wholesale Properties.com services constitute Subscribers and/or Users acceptance to these Terms of Use. These Terms of Use are subject to change by Wholesale Properties.com, in its sole discretion, at any time, without prior notice.
Based upon the Subscriber’s agreement to adhere to these Terms of Use, Wholesale Properties.com grants and conveys to the Subscriber, during the term of Subscriber’s free offer, Subscribership and/or paid Subscribership, a non-exclusive, non-transferable license to use the data, information and services provided through the Wholesale Properties.com web site.
2. Acceptance of Terms
You must agree to these Terms of Use as a condition of using, purchasing or enjoying the services the Wholesale Properties.com provides.
You agree and acknowledge that you have read and understand the Terms of Use and agree to be bound by them, without limitation or qualification.
You further understand, agree and acknowledge that the service and your use and enjoyment of the services are exclusively governed by these Terms of Use and these Terms of Use cannot be modified by you. You also agree and acknowledge that no signatures are required in connection with the Terms of Use for you to be fully bound by them.
3. Access and Use of Wholesale Properties.com’s web site
Your right to access and use Wholesale Properties.com’s web site is personal to you and is not transferable by you to another person or entity. You are only entitled to access and use Wholesale Properties.com’s web site for lawful purposes and pursuant to the terms and conditions of this Agreement.
Your access and use of Wholesale Properties.com’s web site may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Wholesale Properties.com’s equipment, periodic updating, maintenance or repair activities that Wholesale Properties.com may undertake from time to time, or other actions that Wholesale Properties.com, in its sole discretion, may elect to take.
Wholesale Properties.com reserves the right to suspend or discontinue the availability of Wholesale Properties.com and/or any of its listings and/or features for access and use at any time in its sole discretions and without prior notice to you.
A) Personal Use
You agree to use the services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate professionals may provide information to consumers via the services or, where authorized, take actions on behalf of consumer client (e.g. post a home for sale).
You may copy information from the services only as necessary for your personal use to view, save, and print, fax or email it. You agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the services.
You agree not to use the services in any way that is unlawful, or harms Wholesale Properties.com, its service providers, suppliers or any other user. Any action by you that Wholesale Properties.com, sole discretion, violates the term and conditions of this Agreement or restricts, inhibits or prevents any third party from accessing, using or enjoying Wholesale Properties.com’s web site, or through the use of Wholesale Properties.com, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of Wholesale Properties.com web site. You agree not to use the service in any way that breaches any other code of conduct, policy or notice on the services.
4. Compliance with this Agreement
In order to determine your compliance with this Agreement, Wholesale Properties.com may monitor your access and use of Wholesale Properties.com’s web site in accordance with the Wholesale Properties.com Privacy Policy.
5. Registration
In consideration of your use of Wholesale Properties.com, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
In order to access certain services, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or continued use of the services offered by Wholesale Properties.com and its subsidiaries or affiliated companies.
6. User Name and Password
You are responsible for maintaining the confidentiality of your Wholesale Properties.com account user name and password, and are responsible for all activities that occur under your account.
You agree that you will not access or attempt to access password protected, secured or non-public areas of the web site.
Wholesale Properties.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Wholesale Properties reserves the right to refuse service to anyone at any time without notice for any reason.
Wholesale Properties.com reserves the right to deny or revoke issuance of any email address, username or password at any time and without prior notice.
7. Terms of the Subscriber
The term of the Subscriber is based upon the agreed upon term (e.g. monthly, quarterly, semi-annually or annually) and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by the Subscriber or Wholesale Properties.com.
However, if the Subscriber accepts a special introductory promotional offer for a subscription, the Subscriber shall automatically and indefinitely renew for successive renewal terms at the then prevailing regular published rate at time of renewal until terminated in accordance with the provisions of these Terms of Use. When the Subscriber registers for a free offer, the initial billing term begins on the day the Subscriber registers and accepts the free offer, unless the Subscriber cancels within the free offer period.
8. Termination of Subscription by Subscriber
Wholesale Properties.com reserves the right to cancel services to any Subscriber at any time. The Subscriber may cancel the Subscription at any time. All fees due to Wholesale Properties.com up to the end of the current term billing cycle at time of termination shall remain payable to Wholesale Properties.com unless otherwise specifically set forth the Subscriber in a related specific promotional offer.
The Subscriber may terminate the subscription contract by one of three ways:
b) By faxing a cancellation request to (954) 703-1350 at least five (5) days prior to the desired cancellation date.
c) By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to Wholesale Properties.com, 2455 E. Sunrise Blvd., Suite 205, Fort Lauderdale, Florida 33304.
9. Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Subscribers Subscription.
10. Subscribers and/ or User Services
Subscribers agree to supply Wholesale Properties.com with information about themselves and the property they want to sell or hope to buy. Wholesale Properties.com will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, subscribers and/or Users to its network.
As Wholesale Properties.com uses e-mail and telephones to provide Wholesale Properties.com’s services, all Wholesale Properties.com Subscribers and/or Users hereby consent to receive e-mails and telephones calls from Wholesale Properties.com to qualify for and participate in Wholesale Properties.com services. Wholesale Properties.com Subscribers consent to receive e-mails and telephone calls from third parties, as Wholesale Properties.com services request to and/or through Wholesale Properties.com may require services from these third parties.
Subscriber affirms that all the information Subscriber provides to Wholesale Properties.com, whether online or otherwise, is accurate and complete. A subscriber also agrees to update Wholesale Properties.com with current and accurate information, if at any time the information Subscriber provided to Wholesale Preoperties.com changes.
Wholesale Properties.com reserves its rights to terminate or suspend access to Wholesale Properties.com’s services to any Subscriber whose information Wholesale Properties.com believes, at Wholesale Properties.com’s sole discretion, to be inaccurate or misleading.
Wholesale Properties.com may refer Professional Service Providers, mortgage lending or other services providers, (collectively, “Service Providers”) to Subscribers. The terms of any agreement between a Subscriber and any Service Provider referred by Wholesale Properties.com are not endorsed, warranted, guaranteed, recommended or otherwise known to or by Wholesale Properties.com.
For its services and referrals, Wholesale Properties.com may receive payment from Service Providers. A subscriber with Wholesale Properties.com and use of Wholesale Properties.com services constitutes Subscriber’s acknowledgment of an agreement to this compensation arrangement.
Wholesale Properties.com may from time to time offer eligible Subscribers and/or Users promotional opportunities. Not all Subscribers may be eligible to receive all promotional opportunities.
11. Real Estate Broker/ Agent Services and Users
The Wholesale Properties.com Agent Network is a service provided to registered Wholesale Properties.com Subscribers that allows potential home Sellers and homebuyers to request help from real estate brokers/agents. Subscribers must provide information relevant to the real estate transaction. This information is forwarded to selected local brokers/agents (“Professional Service Providers”) who have registered with Wholesale Properties.com to receive such information. All such broker /agents are independent third parties to Wholesale Properties.com. Wholesale Properties.com makes no representation or warranty as to the quality or qualifications of any Professional Service Provider referred to Subscriber.
It is the Subscribers /Users responsibility, and Wholesale Properties.com encourages this for all Subscribers/Users, to independently investigate the qualifications of each Professional Service Provider prior to entering any agreement.
Wholesale Properties.com is not a party to, and has no knowledge of specific terms of, any agreement between any Professional service Provider and the Subscriber and/or User. To use this service, Subscriber must consent to receive e-mails and telephone calls from Wholesale Properties.com and from Professional Service Providers referred to Subscribers by Wholesale Properties.com.
12. Property Posting Services
Subscribers may post properties for sale on Wholesale Properties.com’s web site to market to other Wholesale Properties.com Users. Subscribers affirm that all of the information and content Subscribers provides to Wholesale Properties.com, whether online or otherwise, is accurate and complete. A subscriber also agrees to update Wholesale Properties.com with current and accurate information, if at any time the information Subscribers provided to Wholesale Properties.com changes. Wholesale Properties.com reserves the right to terminate or suspend access to Wholesale Properties.com services to any Subscriber whose information Wholesale Properties.com believes, at Wholesale Properties.com sole discretion, to be inaccurate or misleading or otherwise objectionable.
Subscriber agrees to only provide content that Subscriber is authorized to provide by law or contractual agreement and that does not violate any other agreement, contract with a third party or the property rights of a third party.
Subscriber further agrees not to provide any information or content to Wholesale Properties.com, whether online or otherwise, that is unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any other way.
13. Third –Party content and Screening
Wholesale Properties.com is a data aggregator of content supplied by third-parties and Subscriber’s and/or Users and as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided, expressed or implied by third parties, including other Subscribers and/ or Users of Wholesale Properties.com. Wholesale Properties.com reserves the right, but is not obligated, to screen and review any content provided to Wholesale Propetries.com and remove or edit any content, if it does not comply with the laws, rules or regulations, or for any other reason Wholesale Properties deems relevant.
14. Modification of Wholesale Properties.com’s Services
Wholesale Properties.com reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any Subscriber/User. Wholesale Properties.com is not liable to any Subscriber/User in the event that Wholesale Properties.com exercises its right to modify or discontinue any service.
15. Payment of Charges
Wholesale Properties.com primarily charges a annual fee for specific services to our Subscribers, but other term time periods are available. The Subscription fee is calculated from the day the Subscriber accepts the specified offer and does not cancel until the Subscriber authorizes Wholesale Properties.com to make the cancelation.
Subscriber authorizes Wholesale Properties.com to, and the Subscriber agrees that Wholesale Properties.com may, charge the Subscriber’s credit card, debit card or bank account, in advance, the Subscriber‘s regular subscription fee for each agreed upon term of the Subscriber’s selected subscription term.
The Subscriber authorizes Wholesale Properties.com to, and the Subscriber agrees that Wholesale Properties.com may, modify and/or change the term subscription fee charged to the Subscriber upon (30) days notice to the Subscriber sent by e-mail. The Term subscription fee, when paid, is non-refundable and accrues on the first day of each term and/or successive renewal term until canceled, regardless of whether or not the Subscriber accesses the database. Notwithstanding the language in this paragraph, if the subscriber resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
16. On Time Payment
The Subscriber is required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by Wholesale Properties.com. Credit card transactions require an acceptable and currently/working/ continuously valid credit card number/account with Wholesale Peoperties.com.
Wholesale Properties.com may terminate or disable the Subscribers participation in Wholesale Properties.com services if the Subscriber fails to pay fully and in a timely manner all amounts due to Wholesale Properties.com.
If a Subscriber’s credit card expires or is otherwise declined for payment, access to Wholesale Properties.com’s services and website can be modified or suspended without notice to the Subscriber. If any Subscriber payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on the outstanding balance, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable.
The Subscriber shall pay all costs of collection, including legal fees, incurred by Wholesale Properties.com. The Subscriber is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost.
All fees are quoted and payable in United States Dollars. The Subscriber is also responsible for paying all applicable taxes for information, content, goods, products or services and any other cost incurred in connection with the use of or access to Wholesale Properties.com and its website.
17. Payment Methods
The Subscriber’s complete billing address and telephone numbers must be provided to process payments. Wholesale Properties.com accepts major credit cards including Visa, Master Card, American Express and Discovery.
18. Account Discrepancies
Any Subscriber may contact Wholesale Properties.com Customer Service by e-mail at Customer Service@wholesaleproperties.com or telephone at 954 703-1377 concerning charges or other questions regarding the status of the Subscribers account. However, if the Subscribers account questions are not satisfactorily resolved within (15) fifteen business days of Subscriber’s calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billings or other discrepancy should have been discovered, the Subscriber must write to the Customer Service Department , Wholesale Properties.com, Inc., 2455 E Sunrise Blvd., Fort Lauderdale, FL 33304, delivered by United States mail or by fax to (954) 703-1350 Otherwise, any and all such Member complaints are waived.
19. Termination of this Agreement
The Subscriber may terminate or opt out of this agreement at any time by contacting Wholesale Propertites.com at info@wholesproperties.com. Termination or opting out of this agreement by you shall result in your loss of the right to access and use Wholesale Properties.com’s web site.
20. Your compliance with the Fair Housing Regulations
When you access and use Wholesale Properties.com, you agree to abide by applicable federal and state housing regulations with regard to your access and use of Wholesale Properties.com. You agree that by or through your access and use of Wholesale Properties.com’s web site, you shall not discriminate in the sale or financing of your property on the basis of:
a) Race
b) Color
c) Religion
d) Sex
e) Disability
f) Familial Status
g) National Origin
Wholesale Properties.com reserves the right to refuse to list or post, or to edit, information submitted by you that discriminates on the basis of race, color, religion, sex, disability, familial status or national origin.
Wholesale Properties.com pursuant to its Privacy Policy may report you to the U.S. Department of Housing and Urban Development or other appropriate authorities if you submit or post, or attempt to submit or post, information that discriminates in the sale or financing of your property on the basis of race, color, religion, sex, disability, familial status, or national origin.
21. Wholesale Properties.com Fair Housing Act Policy
Wholesale Properties.com supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex handicap, familial status, or national origin.
All real estate advertised herein is subject to the Federal Fair Housing Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974 and the Fair Housing Amendments Acts of 1988 all which makes it illegal to advertise any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status or national origin, or intention to make such preference, limitation or discrimination.
Wholesale Properties.com will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwelling advertised are available on an equal opportunity basis.
22. Intellectual Property Rights
The names ”Wholesale Properties.com, Inc” and “National Foreclosure Short Sale Institute, Inc.” logos and graphics are registered trademarks of Wholesale Properties.com, Inc. and may not be used by you without the expressed written permission of Wholesale Properties.com, Inc. , which permission may be withheld in Wholesale Properties.com’s sole discretion.
The proprietary information, data and content viewable on, contained in, or downloadable from, www.wholesaleproperties.com (collectively, the “Content”), including, without limitation, all text, graphic, charts, pictures, photographs, images and line art are copyrighted by, or otherwise licensed to, Wholesale Properties.com. [If you provide Wholesale Properties.com with, or Wholesale Properties.com obtains or otherwise acquires , information on your property, including, without limitation, your name, contact phone number, property location, style, features, selling price and description, and any pictures and virtual tours of your property, you automatically grant Wholesale Properties.com the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever including, without limitation, the Content. ]
Wholesale Properties.com also owns a copyright of a collective work in the selection, contained, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights to the Content.
You shall solely responsible for any damages resulting from your infringement of Wholesale Properties.com’s intellectual property rights regarding the “Wholesale Property.com” and “National Foreclosure Short Sale Institute” names, the Wholesale Properties.com logos and graphics, and/or Content, and/or any other harm incurred by Wholesale Properties.com as a direct or indirect result of your copying, distributing, transmitting, publishing or using the same for purposes that are contrary to the terms and constitutions of this Agreement.
23. Access and Interference
Wholesale Properties.com’s web site contains robot exclusion headers. Much of the information on this website is updated on a real time basis and is proprietary or is licensed to Wholesale Properties. Com by our Subscribers and/or Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not:
a) Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
b) Copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from this web site without prior expressed written permission of Wholesale Properties.com and the appropriate third party, as applicable
c) Interference or attempt to interfere with the proper working of this website or any activities conducted on this web site; or
d) Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this web site.
24. Automatic Queries
These terms do not provide you a license to use, reproduce, resell, distribute, display or provide access to any portion of the Services on third-party web sites. Nonetheless, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and index the links to the Services web pages; only to the extent such unlicensed “fair use” is allowed under any applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“Capcha”) which limits access to human End Users. Company reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.
25. Maps
By using Wholesale Properties.com’s maps or any data or information accessed from the maps, you agree to be bound by the terms of service.
26. Transmissions, Submissions and Posting to Wholesale Properties.com
You are solely responsible for any Content and other material that you submit, publish, display or link on to the Wholesale Properties.com web site or you send to others at Wholesale Properties.com users. You may not post, distribute, or reproduce in any way any copyrighted material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is violative of any Federal, State or local Fair Housing Laws. You agree to not purposely provide false or misleading information on the Wholesale Properties.com web site.
You agree that by posting content on the Wholesale Properties.com’s web site you understand that Wholesale Properties.com does not guarantee the authenticity of any data which users may provide about themselves. Additionally, Wholesale Properties.com does not endorse or warranty any particular content or information available via the web site.
Wholesale Properties.com claims no ownership or control over any content submitted, posted or displayed by you on or through Wholesale Properties.com’s web site. You or a third party licensor, as appropriate, retain all patent, trademark, and copyright to any content you submit, post or display on or through the Wholesale Properties.com’s web site which are intended to be available to the general public.
If you transmit, submit or post information to the Wholesale Properties.com web site (including, without limitations, your name, contact phone number, property location, style, features, selling price, and description, and any pictures of your property), you automatically grant Wholesale Properties.com the irrevocable, perpetual, worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the content.
You shall not transmit, submit or post information to Wholesale Properties.com’s web site that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. Wholesale Properties.com may monitor any transmissions, submissions or posting by you to determine, in its sole discretion, your compliance with this agreement.
27. No Representation of Warranties Regarding Content
The content is being provided to you on an “as-is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
Wholesale Properties.com does not make any representations, warranties or guarantees express or implied, regarding the accuracy, correctness, or completeness of the content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the on content on Wholesale Properties.com’s web site.
Wholesale Properties.com makes no representation, warranty or guarantee that the content that may be available for downloading from Wholesale Properties.com’s web site is free of infections from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Wholesale Properties.com shall in no event be responsible to, or liable to, you the Subscriber and/or User, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages of any loss of profit, revenue or business, as direct or indirect result of:
a) Your breach or violation of terms or conditions of this Agreement.
b) Your access and use of Wholesale Properties.com’s web site.
c) Your inability to access or use Wholesale Properties.com’s web site.
d) Your downloading of any of the content for your use; or
e) Your reliance upon the use of content.
28. Liability Limitation: Exclusive Remedy
In no event will Wholesale Properties.com or any supplier be liable for any damages, including without limitation any indirect, consequential, special incidental, or punitive damages arising out of , based on, or resulting from these Term of Use or your use of the services, even if such party has been advised of the possibility of such damages. The exclusion of damages under this paragraph is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you do not agree with any part of these Terms of Use or the services, then your sole and exclusive remedy is to discontinue using the services.
29. Your Indemnification of Wholesale Properties.com
You shall defend, indemnify and hold harmless Wholesale Properties.com and its officers, directors, shareholders, employees, independent contractors, agents, representative and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to:
a) Any breach or violation of this Agreement by you the User
b) Your failure to provide accurate, complete and current personal information requested pursuant to registration or the listing of your property.
c) Your access or use of Wholesale Properties.com’s web site and/or
d) Access or use of Wholesale Properties.com’s web site under any email address, user name or password that may be issued to you.
30. Wholesale Properties.com Remedies
You the Subscriber and/or User acknowledge that Wholesale Properties.com may be irreparably damaged if this Agreement is not specifically enforced and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you the User, Wholesale Properties.com shall entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provision of this Agreement.
For the purpose of this Section, you the User agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You the User consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Any other civil action, claim, dispute or proceeding arising out of the terms of use shall be governed by the Terms of paragraph 34.
31. Your Responsibility for Equipment and Related Cost
You the User are responsible for obtaining and maintain all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Wholesale Properties.com’s web site, and all cost and fees associated with Internet success or long distance charges incurred with regard to your access and use of Wholesale Properties.com’s web site.
32. Third Party Links
Wholesale Properties.com may provide links to other web sites belonging to our advertisers, business partners or associates or other third parties. This in no way constitutes an endorsement by Wholesale Properties.com of those web sites, nor the products or services listed on those web sites. Wholesale Properties.com is not responsible for the activities or polices of those web sites. Please consult each individual web site and check their individual Privacy Policy and Terms of Use.
33. Third Party Rights Under this Agreement
This Agreement is for the benefit of Wholesale Properties.com and its affiliates, each of which shall have the right enforce and assert the terms and conditions of this Agreement directly against you on behalf of Wholesale Properties.com.
34. Governing Law; Jurisdiction and Venue
Wholesale Properties.com, Inc. is to be governed and construed in accordance with the laws of the State of Florida, County of Broward without regard for principles of conflict of laws. Excepting the injunctive relief set forth in paragraph 30 herein, any other civil action, claim, dispute or proceeding arising out of or relating to this Agreement shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida. The arbitrator shall be selected by you the User and Wholesale Properties.com, Inc. and if you and Wholesale Properties.com, Inc. are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served; the arbitrator shall be selected by the American Arbitration Association.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you the User and Wholesale Properties.com, Inc. and any of their respective administrators, executors, legal representatives, successors and/or assigns. Notwithstanding the previous sentence, in no event shall either the User or Wholesale Properties.com, Inc. be entitled to punitive damages. The User and Wholesale Properties.com, Inc. hereby waive their rights to any punitive special, indirect or consequential damages, including, but not limited to, damages for any loss of profit or revenue.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
35. Miscellaneous
This Agreement represents the entire understanding and agreement between the User and Wholesale Properties.com, Inc. regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same.
Updated 4/16/08 3:00 pm
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