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Terms and Conditions

User Terms and Conditions

 

THIS IS A LEGALY BINDING CONTRACT

 

By accessing, viewing, downloading or otherwise using propertyshelf.com (the “site”) or any related emails, photos, newsletters or services (hereinafter collectively “Propertyshelf” or the “Services”), or by clicking “Join Propertyshelf”  or “I agree” during the registration process, you consent to and conclude a legally binding contract with Propertyshelf, based on the terms of this Propertyshelf User Terms and conditions (Agreement” or “Terms”). By becoming a Propertyshelf user (“User”) you acknowledge and agree to and are subject to the following Terms. If you are using Propertyshelf on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are still individually bound to this agreement. If you do not want to become a User, do not conclude this Agreement, do NOT click “Accept Terms of Use”, “Join Propertyshelf”, or “I agree” and do not access, view, download or otherwise use any Propertyshelf webpage, information or services.

 

We ask that you read this Agreement with great care in order to participate with us as a User in the development of a quality service. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions. In addition you must agree to the following terms which are incorporated by reference into this Agreement:

(a)  Notice and take-Down procedure Terms for Complaints re. Copyrigth Infringement and content.

(b)  Propertyshelf´s Code of Ethics (For Real Estate Professionals entering or cooperating with listings on Propertyshelf).

(c)  Propertyshelf Privacy Policy.

1.Authorized Use

Although we do charge a fee for Users to advertise their vacation rentals, real property, land, and comercial properties on the Site, we do not charge prospective sellers/buyers/non-User realtors/lessors/lesees/vacationers/travelers to access the Site and research listings. Accordingly, Propertyshelf grants to Users a limited, revocable, non-exclusive license to Access the Site to, as applicable, advertise real property and or research, view or make legitimate inquiries to Users regarding their interest in particular properties for their personal use, all in accordance with these Terms.Any other use of the Site is expressly prohibited.Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; however, a limited exception from the foregoing exclusión is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they do so from a stable IP address or range of stable IP addresses using an easily identifiable agent and comply with our robots.txt file. The term “General purpose internet search engine” does not include websites or search engines or other service that provides classified listings of real property advertisements, or any subset of the same, or which is in the business of providing property rental and purchase services.

 

 

2.License and Warranty of User’s submissions

     2.1 As a User, you are not required to submit anything to Propertyshelf, but if you choose to submit something (including, but not limited to, any User generated content, ideas, concepts, techniques, and data), you grant, by agreeing to these Terms, a non-exclusive,irrevocable,worldwide,perpetual,unlimited,asignable,sublicenseable,fully paid up royalty free right to us to copy, prepare derivative Works of, improve, distribute,publish,remove,retain,add,and use and commercialize, in any way now known or in the future discovered, anything that you submit to Propertyshelf, without any further consent, notice and/or compensation to you or to any third parties. BY SUBMITTING  ANY  INFORMATION  TO PROPERTYSHELF,YOU  REPRESENT AND  WARRANT THAT  SUCH  SUBMISSION  IS  ACCURATE, IS NOT CONFIDENTIAL, AND  IS  NOT  IN VIOLATION  OF ANY  CONTRACTUAL RESTRICTIONS OR  OTHER THIRD PARTY  RIGHTS. YOU FURTHER AGREE TO INFORM PROPERTYSHELF IN THE EVENT THAT A CHANGE OCCURS IN ANY SUCH INFORMATION SINCE YOUR REGISTRATION OR DATE OF SUBMISSION, AS APPLICABLE, AND IF APPROPRIATE, YOU AGREE TO MAKE SUCH MODIFICATIONS TO YOUR PROFILE AND/OR LISTINGS.

     2.2 Propertyshelf exersices no control over any content you or others submint while using Propertyshelf. Propertyshelf has no obligation to verify the identity of any User when they are connected to the Site or to supervise the content which has been provided by Users. We describe our current practices related to personally identifiable information collected through Propertyshelf in our Privacy policy and we may update our policies and practices at our sole discretion, without prior notice to any User. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Propetyshelf. You must have exclusive rights to any information or photographs you post on the Site. Any copyright infringements caused by a User will be the sole responsibility of said User, and each User hereby agrees to indemnify and hold Propetyshelf harmless from any copyright infringement that may occur.

     2.3  Before joining Propertyshelf, you must consider and decide the extent to which you wish to reveal information about yourself to the large community of Propertyshelf Users and to Propertyshelf. You must not communicate to Propertyshelf and its Users any information, the dissemination of which could be harmful to you.

3.Service Eligibility

You represent and warrant that you:

     a)   are not under the age of 18;

     b)   have not previously been suspended or removed from Propetyshelf;

     c)   are not a direct competitor of Propertyshelf either currently or in the future;

     d)   do not have more than one Propertyshelf account at any given time, unless for     mulitiple case uses. (i.e: Developer may want to have 2 accounts for individual projects).

     e) that you have full power and authority to form legally binding contracts under         applicable law; and

     f) in joining Propertyshelf, you do not violate any other agreements to which you are a party.

 

4.Content.Layout and Copy

     4.1  Propertyshelf reserves the right to determine, in its' sole discretion:

          a) the final design, layout and functionality of the Site, which is subject to change                from time to time without notice; and.

          b) to review, edit, copy or amend the content, layouts or photographs supplied by any User.

All content and copy edits submitted by members are subject to review and approval by us in our sole discretion.

     4.2  Notwithstanding Propertyshelf´s right to edit, amend or copy the content and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any User or edited or amended by Propertyshelf.

5.Password Security

You must keep your password confidential. You explicity agree not to use other User's accounts and to not let others use your account; you are solely responsible for anything that happens through your account until you notify us of a security breach at (customerservice@Propertyshelf.com), close down/inactivate/terminate your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Propertyshelf account or any information therein to another party or charging anyone for access to any portion of Propertyshelf, or any information therein.

6.Indemnification

     6.1  You agree to indemnify and hold Propertyshelf, its subsidiaries, and affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party or other Propertyshelf User due to or arising from your use of the Propertyshelf Services in violation of these Terms and/or if any content that you post on or through the Site causes Propertyshelf to be liable to another.

     6.2  You must in indemnify Propertyshelf and hold it harmless from any damages, losses, and costs (including, but not limited to, reasonable attorney's fees) related to all third party claims, charges or investigations caused by your failure to comply with these Terms, including, without limitation the following:

          a) your submission of content that violates third party rights or applicable laws;

          b) any content you submit to Propertyshelf; or

          c) any activity in which you engage on or through Propertyshelf.

 

7.Fees

You acknowledge that Propertyshelf reserves the right to charge for any portion of the services that Propertyshelf provide and to change its fees (if any) from time to time, in its sole discretion.If Propertyshelf terminates your membership because you have breached these Terms,you shall not be entitled to the refund of any unused portion of fees or payments, if any.The fees that are due, if any,will be disclosed by Propertyshelf at the time of posting the listing, or at the time of sign up for the applicable monthly/quarterly/annual membership package. Propertyshelf may not change the amount of the monthly/quarterly/annual subscription amount once paid for by the User, however once that paid subscription period is over, Propertyshelf  has the right to  increase or decrease it´s fees for future subscriptions in its sole discretion.

Users may post listings and depending on the service plan users are enrolled in ("Agent MLS, Combo,Supreme Service"), posting of such listings may or may not incur a fee. I f you subscribe to any services that we offer for charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. Nonpayment within seven (7) days after proper notice to you under these Terms is means for termination of your user account as seen fit by Propertyshelf.com.

8. Acts Contrary to these Terms

If you believe that you are either entitled or obligated to act contrary to these Terms under any mandatory laws, you agree to provide us with detailed written notice 30 days prior to taking any action contrary to these Terms. This is to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

9.Mobile Services

The Service may or may not include certain services that are available through your mobile phone through a downloadable application ("Mobile Services"). These Mobile Services include, but are not limited to,(i) the ability to browse Propertyshelf from your mobile phone,(ii) the ability to access certain Propertyshelf features through a mobile application you have downloaded and installed on your mobile phone,(iii) the ability to upload content to Propertyshelf via your mobile phone, (iv) the ability to receive and reply to Propertyshelf messages using text messaging. We do not charge for these Mobile Services, however, your carrier may incur fees based on minutes or data usage, text messaging, and such other rates and fees will still apply. You must ascertain from your carrier to find out how you will be charged. By using Mobile Services, you agree that Propertyshelf may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Propertyshelf. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Propertyshelf account information.

10.Forums.Blogs and Chat Rooms

Propertyshelf may include Various forums, blogs and chat rooms where you can post your observations and comments on designated  topics. Propertyshelf does not guarantee that other Users will not use the ideas and information you share. If you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. PROPERTYSHELF AND  ITS AFFILIATES ARE NOT RESPONSIBLE FOR A  USER'S MISUSE OR MISAPROPRIATION OF ANY CONTENT OR INFORMATION YOU OR ANOTHER USER POST IN ANY FORUMS, BLOGS OR CHATROOMS.

 

11.Privacy

We encourage you  to carefully read  the  full PRIVACY  POLICY before deciding to become a User of Propertyshelf. Please note that certain information, data, statements, and content (such as photographs) which you provide might, or are likely to reveal your gender, nationality, religion, ethnic origin and/or sexual orientation, and that you are providing all such information statements, data and content in full acknowledgement thereof and under your sole responsibility. If you provide such information to us, all of which is optional, you hereby expressly give your informed consent to the processing by us of such sensitive data.

12.Propietary Rights and Downloading of Information From the Site

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, photos, maps, images and other materials on the Site (collectively, the "Content") are only for your personal use (what about commercial use? You contemplate commercial use as well). All content on the Site and the Site itself, are protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than your personal non commercial use is expressly prohibited without prior written permission from us or the applicable copyright holder. If you are making a rental inquiry, you may, only for your personal use, download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form " © 2009- 2010 Propertyshelf, LLC.-All Rights Reserved", as displayed on the relevant portion(s) of the Site that you  desire to download, display or print.

13.Unauthorized  Use

Unless otherwise provided within these Terms, or unless otherwise applicable law requires Propertyshelf to allow you to do so, you may not do any of the following without our prior written consent.

(a)Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around/and within the site, or mirror or replicate any portion of the Site;

(b)Copy, reproduce, upload, post, display, distribute, transmit, or republish any part of the content in any form whatsoever;

(c)Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;

(d)Reverse engineer any part of this Site;

(e)Use any robot, spider, other automatic device, or manual process to monitor, copy or keep a database copy of the content on any portion of the Site;

(f)Use the Site to make any false, fraududulent or speculative reservation or inquiry, or any reservation in anticipation of demand;

(g) Use the Site other than to advertise and/or research vacation rentals to make legitimate inquiries to our Users;

(h) Post or transmit any information that constitutes or contains false or misleading indications of origin or of statements of fact;

(i) Post or transmit nay unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, inflammatory, indecent, pornographic, sexually explicit, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;

(j)Sell,offer for sale, transfer, or license any portion of the Site in any form to any third parties;

(k)Plagiarize, violate, or infringe the rights of third parties, without limitation, copyright, trademark,patent,rights of publicity or privacy or any other proprietary rights;

(I)Upload or transmit to the Site or use any device, software, or routine that contains viruses, Trojan Horses, worms,time bombs, or other computer programming routines that may damage, interfere or attempt to interfere  with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or

(m) Disguise the origin of any information or inquiry transmitted through the Site;

(n) Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site,or any other computer system(s) or network(s) used by us or the Site, or infringes on our copyright or any copyright of our members.

 

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you inform us of any such violation by sending an email to legal@propertyshelf.com

14. Changes to the Site

Propertyshelf retains the right to change, suspend, or discontinue any aspect of  the Site at  any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.

15.Propertyshelf´s Rights and Obligations

15.1 Propertyshelf's mission is to provide a service that facilitates online advertising and sales of multiple products including, but not limited to real estate listings, travel products/packages and business listings.

15.2 For as long as Propertyshelf continues to provide services, Propertyshelf will provide (and seek to update,improve and expand, in similar and different new ways) the Propertyshelf platform and Service with the purpose of providing all Users with networking connectivity, through Propertyshelf' proprietary tools, rules, and protocols which Propertyshelf may update, improve, discontinue and change at any time, at Propertyshelf´s sole discretion.

15.3 Any and all other uses of Propertyshelf (i.e., seeking generate revenue through the sale of contact information to others) is strictly prohibited and is a violation of this Agreement.

15.4 Propertyshelf allows you to access Propertyshelf as it may exist and be available on any given day. Propertyshelf has no other obligations, except as expressly stated in these Terms. Propertyshelf may modify, replace, refuse access to, discontinue or suspend Propertyshelf, partially or entirely, or to charge and modify prices for Propertyshelf. All of these changes shall be effective upon their posting on the Site or by email communication to you. Propertyshelf reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Propertyshelf and all related items.

15.5 Propertyshelf reserves the right to withhold, discard and or remove any content available as part of your account, with or without notice. Propertyshelf has no obligation to store, maintain or provide you a copy of any content which you or other Users provide when using the Services.

15.6 Propertyshelf enables third -party developers (''Platform Developers") to create websites and applications that retrieve data made available by Propertyshelf and its Users and/or that retrieve authorized data from third-party sites for use through the Service ("Platform Applications").

Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to Propertyshelf´s Privacy  Policy.

15.7 You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile and hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including but not limited to, your failure to recieve critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:(i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims of a violation of the rights of third parties; (iv) respond to your requests  for customer service;or (v) protect  the rights,property,or personal safety of Propertyshelf, its Affiliates, its Users and the public.

15.8 Propertyshelf may limit the number of connections you may have to other Users and prohibit you from contacting other Users through  use of the Services.

You are solely responsible for your interactions with other Users. Propertyshelf reserves the right, but not the obligation, to monitor disputes between you and other Users and to terminate your account in Propertyshelf´s sole discretion.

15.9 We have no duty to pre-screen content posted on the Site by Use-rs (including, without limitation,reviews of or guestbook entries for any particular property), (collectively "User Contributed Content"), and we are not responsible for User Contributed Content. We do, however. reserve the right to decline to permit the posting on the Site of, or to remove from, any User Contributed Content at our sole discretion. We may also remove User Contributed Content if it is brought to our attention that such content is in violation of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached.

15.10 All listings, postings and information on the Site are submitted by the Users and are the responsibility of the User who submits same, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guestbook entries, quality of service/product, or any alleged breaches of contract on a User's part.

Users are solely responsible for keeping their personal information and property information accurate and up to date on the Site, including, but not limited to, any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the content, copy, property reviews, guestbook entries, property location, suitability, pricing or availability information published on the Site is accurate or up to date, even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Users are solely responsible for ensuring the accuracy of their listing descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.

16.DISCLAIMERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON PROPERTYSHELF, ANY INFORATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE PROPERTYSHELF SITE, AND ALL INFORMATION AND SERVICES ON AN "AS IS"AND "AS AVAILABLE" BASIS. ALL USERS SHOULD VERIFY INFORMATION, AS THE INFORMATION ON PROPERTYSHELF IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE RELIED UPON. WE DO NOT PROVIDE ANY IMPLIED OR EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PROPERTYSHELF OR ANYTHING RELATED TO PROPERTYSHELF, YOU MAY TERMINATE YOUR ACCOUNT WITH PROPERTYSHELF IN ACCORDANCE WITH THE TERMINATION SECTION HEREOF, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE SITE, INCLUDING ALL CONTENT,SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAlLABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS."TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROPERTYSHELF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COM MUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

PROPERTYSHELF IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS, INMAILS, OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH PROPERTYSHELF TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL,SERVICE, OR TECHNOLOGY.

PROPERTYSHELF WILL, TO THE BEST OF ITS ABILITY ATTEMPT TO VERIFY ITS USERS, HOWEVER PROPERTYSHELF DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTIY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PROPERTYSHELF IS NOT LIABLE FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

17.Limitation of Liability.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN THE CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE SITE, PROPERTYSHELF, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE "PROPERTYSHELF GROUP") BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY,(4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. lF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE PROPERTYSHELF GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF: ( 1) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (2) S100.00 IN THE AGGREGATE .

18.Release.

IF YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT),YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE PROPERTYSHELF GROUP,EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,COMPLAINTS, DEMANDS,CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS,AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU SPEFICIALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HISSETTLEMENT WITH THE DEBTOR."

19.Indemnity.

YOU HEREBY AGREE TO IDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF THE PROPERTYSHELF GROUP (COLLECTIVELY, THE "IDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING AY TRANSACTION OR ANY OF YOUR USER CONTRIBUTED CONTENT), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS,WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO IDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

20.Choice of Law and Forum.

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF FLORIDA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN SARASOTA COUNTY, FLORIDA WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA.

21.Agreement to Arbitrate and Pay attorney's Fees.

Any disputes between Propertyshelf and its Users shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in English, with a written decision and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorney's fees of both parties to be borne by the party that ultimately loses.

22.No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

23.Notification of Claims of lnfringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for claims of copyright or other intellectual property infringment at: legal@propertyshelf.com or to 786 South Orange Avenue, Sarasota, FL 34236.You must include the following in your notice:(1) identify with specific detail the material on the Site that you claim is infringing ; (2) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (3) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (4) your physical address, telephone number and email address;and (5) your physical or electronic signature.We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). If you see or experience any user contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, we would like you to inform us at  legal@Propertyshelf.com.  We rely upon users to notify us of infringing content, activity and communications.

24.No Agency.

No agency, partnership, joint venture, employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site, and no User shall have the apparent or actual authority to bind Propertyshelf whatsoever.

25.Amendments.

We reserve the right, in our sole discretion, to charge, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately hereafter.Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.

 

 

26.Links to Third Party Sites.

This Site contains links and pointers to other internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites maintained by third parties, do not constitute an endorsement by us of any third party sites or contents thereof.

27.Termination.

27.1 You may terminate your relationship without recourse with Propertyshelf, for any or no cause, at any time, with notice to  Propertyshelf  which  shall be effective upon  Propertyshelf processing such notice within a reasonable time. Propertyshelf may terminate the Agreement without recourse for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice, if notice is provided. For avoidance of doubt, your access to any Premium  Services may be terminated only by Propertyshelf or the party paying for such  services.

Termination of your Propertyshelf account includes disabling your access to Propertyshelf (including any content you submitted or others submitted) and may also bar you from any future use of Propertyshelf.

27.2 Propertyshelf has adopted a policy of terminating, in appropriate circumstances and at Propertyshelf's sole discretion,Users who are deemed to be repeat offenders under the United States Copyright Act and Users deemed to post fraudulent/dishonest content or send haratssing, dishonest, or similar type messages to other Users. Propertyshelf may also, at its sole discretion, limit Access to the service and/or terminate the memberships of any Users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.

27.3 Upon termination, you immediately lose access to Propertyshelf. These Terms shall survive any termination except for the Rights and Obligations section.

28.Severability.

If any provision of these Terms is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of such provision under the laws of any other jurisdiction, or any provision of the Agreement.

29.Entire Agreement.

You agree that these Terms constitute the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

30. Assignment and Delegation

You may not assign or delegate any rights or obligations under these Terms, and any purported or attempted assignment and delegation shall be void, and may be cause for termination. We may freely assign or delegate all rights and obligations under these Terms, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Propertyshelf for any third party that assumes our rights and obligations under this Agreement.