1. Acceptance of the Terms of Use
These terms are entered into between you and The Madera Team | Premier Brokers International, including any affiliates and subsidiaries (collectively referred to as “we,” “our,” or “us”). The following terms, along with any incorporated documents (collectively, “Terms of Use”), govern your access to and use of our website(s) (the “Website”), and the content, functionality, and services provided through our website(s) (collectively, the “Services”). The Services include material such as software, text, graphics, displays, images, photographs, audio, video, and other components (collectively, the “Content”), provided by or on behalf of us.
Please read these Terms of Use carefully before using the Services. By using the services, you agree to be bound by these terms of use and our private policy, which is incorporated herein. If you do not agree, do not use the services.
These Terms of Use include a mandatory arbitration and class action/jury trial waiver, requiring the resolution of disputes through arbitration on an individual basis, rather than jury trials or class actions. By agreeing to these terms, you waive your right to bring a lawsuit in court.
The terms “you” and “your” refer to anyone accessing or using the Services. You represent that you have the full authority to enter into and perform under these Terms of Use without the consent of a third party.
We fully support the principles of the Fair Housing and Equal Opportunity Act.
2. Changes to the Terms of Use
We may revise or update these Terms of Use at our discretion and without prior notice.
All changes take effect immediately upon posting and apply to all access to and use of the Services. However, changes to dispute resolution provisions will not apply to disputes of which the parties are aware prior to the change.
Your continued use of the Services after changes are posted means you accept those changes. You should check this page periodically to remain aware of updates, as they are binding.
3. Use of the Services Eligibility
You represent that you are at least eighteen (18) years of age, with the authority to comply with these Terms of Use. If you are under 18, you are prohibited from using the Services. We may refuse to offer the Services to any individual or entity at our discretion and modify eligibility criteria at any time. You are responsible for ensuring your use of the Services complies with all applicable laws, rules, and regulations.
Non-U.S. Users
The owner of the Website is based in the United States. We make no representation that the Services are appropriate for use outside the U.S. Access from other locations is at your own risk, and you are responsible for compliance with local laws. By using the Services, you consent to the transfer and storage of your information in the U.S., where laws may differ from your location.
Accounts
Certain Services may require you to register and maintain an account (“Account”). You are responsible for all activity associated with your Account and for maintaining the security of your username and password. You agree to update your Account information as needed and notify us of any unauthorized access or breaches. Accounts should not be shared between individuals. By providing your email address, you consent to receive Services-related notices from us.
If you connect your Account with third-party services (e.g., social media or other websites), you are also subject to their terms and privacy policies. We disclaim liability for third-party services.
Prohibited Uses
You may only use the Services for lawful purposes and in accordance with these Terms of Use. You agree not to:
- Use the Services or Content to collect market research for a competing business;
- Impersonate any person or misrepresent your affiliation with an entity;
- Decompile, reverse-engineer, or disassemble software accessed via the Services;
- Block or interfere with any ads or safety features on the Services;
- Use automated means to access the Services without permission;
- Sublicense, sell, transfer, or distribute any part of the Services without consent;
- Create derivative works from our Content without permission;
- Embed or mirror our Services in other products;
- Remove or alter intellectual property notices related to the Services;
- Send unsolicited, infringing, or unlawful content through the Services;
- Introduce malicious software, code, or attempt to interfere with or disrupt the Services;
- Overload the Services or interfere with other users;
- Attempt to gain unauthorized access to the Services or related systems; Use the Services in any way not expressly permitted by these Terms.
Monitoring
We reserve the right to monitor your use of the Services to ensure compliance with these Terms of Use.
Your Representations
You represent that you:
- Have the authority to grant rights for any content you upload, without infringing on others’ rights;
- Will not sublicense or commercially exploit the Services or information obtained from them;
- Are a prospective buyer or seller of properties in areas where we operate;
- Have not signed an agreement that conflicts with using us as your sole agent;
- Will limit your property search to those within your budget and criteria;
- Will not contact property owners directly from information obtained through the Services;
- Will respect copyright restrictions on the Services;
- Understand that we may represent other buyers for properties meeting your criteria.
Property Data Restrictions
All property data accessed via the Services is for personal, non-commercial use only. Redistribution or retransmission is prohibited. MLS data is owned by the respective entity, and you acknowledge their copyright.
User Content
All content submitted or posted by users (collectively, “User Content”) is the responsibility of the originating user. We make no guarantees regarding its accuracy or quality. We reserve the right to modify or delete content at our discretion. By providing feedback or suggestions, you agree that we may use such feedback without compensation or attribution.
4. Compliance Services
We do not offer compliance-related services. By using our Services, you acknowledge that they are provided solely for your convenience and not as a means to fulfill any legal or third-party obligations. You bear full responsibility for ensuring your compliance with any applicable regulations or agreements.
5. Intellectual Property Rights
Unless explicitly stated otherwise, all Services, Content, and the Website belong to us, our subsidiaries, affiliates, and any licensors or third-party providers, and are protected under U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms allow you to use the Services strictly for personal, non-commercial purposes. You are prohibited from copying, distributing, altering, creating derivative works, publicly displaying, performing, republishing, downloading, storing, or transmitting any of the material on our Services without prior permission. You are granted no ownership rights to the Services or any Content. Any rights not expressly granted to you remain with us. Unauthorized use of the Services, as outlined in these Terms, may violate copyright, trademark, or other legal protections.
Trademarks
You may not use our trademarks (“Marks”) without our prior written consent. Any other names, logos, product or service names, designs, or slogans displayed in the Services are the trademarks of their respective owners. You agree not to challenge such ownership or attempt to register similar marks. No ownership of the Marks or related intellectual property rights is transferred to you under these Terms. If permitted to use our Marks, such use will be solely for the benefit of the owner. You must notify us immediately of any unauthorized use of the Marks by third parties. Any feedback provided to us becomes our property, along with all related intellectual property rights, and you waive all claims for compensation or acknowledgment.
6. Licenses
License Granted to You
Under these Terms, we provide you with a limited, non-transferable, non-sublicensable, and nonexclusive license to access and use the Services for personal, non-commercial purposes.
License Granted to Us and Other Users
You grant us a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, distribute, modify, reproduce, and create derivative works from any content you provide (“User Content”) for the purposes of delivering, maintaining, and improving the Services. You also grant other users a non-exclusive, perpetual right to access your User Content through the Services. This license does not affect your ownership rights, and you may still grant additional licenses. You warrant that you hold the necessary rights to grant these licenses without infringing third-party rights, including intellectual property and privacy rights.
Maps: Our services may include Google Maps or Microsoft Bing Maps. Your use of these features is subject to their respective terms and privacy policies. Please review those documents, as we do not control these services.
7. Information and Data Usage
You agree that we may collect, store, and use your personal information and data in line with our Privacy Policy. Additionally, you understand that both the information you provide and your usage data may be used to improve our real estate services.
8. Payment
If you owe any payments, you agree to remit them based on the terms outlined in the statements or as provided within the Services. Pricing may change, and such changes will be communicated. All applicable taxes will be your responsibility. Late payments will incur interest, calculated daily at 15% per year, compounded monthly, or at the maximum legal rate. Payments must be made through the methods we specify, which may include third-party payment processors. If a third-party payment processor is used, you may need to agree to its terms and undergo its verification process. We are not responsible for any obligations or liabilities under the payment processor’s terms.
9. No Warranties
Our services, including the agent portal, content, and any information available through the website, are provided “as is” without any warranty, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement, security, or accuracy. We do not warrant that the information, services, or content will be accurate, reliable, available at any specific time, or error-free. Any content downloaded or obtained through the services is at your own risk. We do not endorse or take responsibility for any third-party product or service linked through the services.
10. Limitation of Liability
Under no circumstances will we, or any of our affiliates, employees, licensors, or directors, be liable for indirect, incidental, consequential, or exemplary damages, including loss of profits or data. Our liability for direct damages will not exceed the greater of $100 or the fees you paid for the services. This limitation does not apply to personal injury. These limitations will apply to the fullest extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold us, our affiliates, and our respective officers, directors, employees, and agents harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your breach of these Terms, fraudulent actions, negligence, or misuse of the Services.
12. Third-Party Services
We may contract third-party providers to deliver portions of the Services, or offer third-party applications in connection with the Services. These third-party products are licensed separately, and your use of them is at your own risk. We are not responsible for their content or any liability arising from your use of these third-party services.
13. Arbitration and Class Action Waiver
All disputes between you and us will be resolved through individual arbitration, waiving the right to trial by jury. Class actions or class-wide arbitrations are not permitted. This provision is governed by the Federal Arbitration Act.
14. Equitable Relief
In the event of a breach involving our intellectual property or confidential information, we reserve the right to seek immediate injunctive relief in court. You consent to the jurisdiction of New York state and federal courts for this purpose.
15. Digital Millennium Copyright Act (DMCA)
If you believe that any content on our Services infringes on your copyright, please follow the instructions outlined in our DMCA policy for submitting a claim. We reserve the right to terminate the accounts of repeat infringers.
16. Miscellaneous
Relationship
Nothing in these Terms establishes a partnership, agency, or joint venture between you and us. Neither party can bind the other in any way.
Governing Law
These Terms are governed by the laws of the State of New York, excluding its conflict of law provisions.
Waiver and Severability
Our failure to enforce any part of these Terms does not constitute a waiver of any right or provision. If any portion of these Terms is deemed unlawful or unenforceable, the remainder will continue in effect.
Entire Agreement
These Terms, along with our Privacy Policy and any other agreements incorporated herein, represent the entire agreement between you and us regarding the Services.
Contact Information
For questions or concerns, you can contact us at The Madera Team | Premier Brokers International, 9123 N Military Trail Ste 104, Palm Beach Gardens, FL 33410, or by email at Julio@maderateam.com.