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Franklin Bell Realty LLC Terms and Conditions of Use Franklin Bell Realty provides this internet web site and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms “we”, “us”, or “our” refer to Franklin Bell Realty. “You” refers to all users of the web site. “Sellers” refers to users who list their properties for sale on the web site. 1. Franklin Bell Realty LLC is a licensed real estate brokerage in the State of Florida. Your use of this website does not constitute being represented by Franklin Bell Realty, LLC. Any representative relationships between Franklin Bell Realty, LLC and its clients must be in writing. 2. Nothing herein shall be construed as legal, real estate, financial, or any other type of professional advice. 3. In using this site and the services offered herein, you agree to hold harmless any of its officers, directors, employees or agents from any liability for damages arising out of or in connection with the use of this site or any third party site content/service referenced herein. This is a complete limitation of liability that applies to all damages of any and every kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury, and claims of third parties. Users and advertisers HEREBY RELEASE AND DISCHARGE Franklin Bell Realty LLC and its officers, directors, employees and agents for any and all claims pertaining to their use in any way of this site and any third party site content/service referenced herein, EXPRESSLY INCLUDING WITHOUT LIMITATION ANY CLAIM OF NEGLIGENCE AGAINST Franklin Bell Realty LLC or any of Its officers, directors, employees or agents. 4. DISCLAIMER OF WARRANTIES 4.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. 4.2 WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE Franklin Bell Realty WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4.3 YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. 5. Franklin Bell Realty LLC. reserves the right, at its sole discretion, to modify the contents of its site www.franklinbell.com and any sites owned by Franklin Bell Realty, LLC at any time without notice. 6.1 You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time. 6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Franklin Bell Realty OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). 7. Your use of the Franklin Bell Realty LLC site or any services offered therein shall constitute your acceptance of these terms and conditions. Franklin Bell Realty LLC may amend these terms and conditions by posting any change on this page. 8. You agree that if any portion of the “Term” are deemed to be unlawful for any reason the remainder of the terms shall remain in full force and effect and remain enforceable. 9. It is agreed by and between Franklin Bell Realty and the users of this site and the home sellers that all disputes and matters whatsoever arising under, in connection with or incident to this agreement shall be litigated, if at all, in and before a Court located in the State of Florida, County of Polk, U.S.A., to the exclusion of the Courts of any other state, county, or country. * Service not available in all areas. © 2007 Franklin Bell Realty, LLC |
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