Revised March 31, 2014
Permissible Use. You agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. If you are a real estate professional acting in your professional capacity and you agree to use the Services, you agree your use is limited to providing information to consumers via the Services or where authorized, taking actions on behalf of a consumer client. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax, and/or email such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Service.
You agree not to use the Services in any way that is unlawful, or harms BGLLC, Northpointe Village, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Service. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Service do not provide you a license to use, reproduce, distribute, display, or provide access to any portion of the Service on third-party Web sites or otherwise. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BGLLC to its source, or exploit the Site or any service or information made available or offered by or through the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BGLLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Prohibited Uses. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Service) are strictly prohibited on the Service, unless you have received express written permission from Bohn Group LLC.
CONSENT TO RECEIVE EMAIL. If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from BGLLC, including new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, BGLLC reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.
Restrictions and Additional Terms. BGLLC imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. (g) You agree not to remove or modify any copyright or other intellectual property notices that appear in the Service. You will not use the Service for resale, service bureau, or other similar purposes.
The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. BGLLC does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that BGLLC has no obligation to and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party and BGLLC takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
BGLLC respects the intellectual property rights of others and asks that anyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services a way that constitutes copyright infringement may notify BGLLC immediately.
NO WARRANTIES. BGLLC HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BGLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BGLLC DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES.
FLORIDA USE ONLY. The Site is controlled and operated by Company from its offices in the State of Florida. Company makes no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Florida.
REQUIREMENT OF ARBITRATION – BY USING THE SITE OR SERVICES, OR DOWNLOADING CONTENT FROM OR REGISTERING FOR THE SERVICES, YOU THEREBY AGREE WITH BGLLC THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BGLLC WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM. AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH BGLLC OR THE BGLLC INDEMNIFIED PARTIES, OR ANY CLAIM BGLLC HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITES, THE SERVICES OR ANY ADVERTISING RELATING TO THE SITES OR SERVICES, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING: ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE “REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF” SUBSECTION. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE NATINOAL ARBITRATION FORUM CODE OF PROCEDURE THEN IN EFFECT (“CODE OF PROCEDURE”).
b. WAIVER OF RIGHT TO A JURY TRIAL – BY USING OR DOWNLOADING CONTENT FROM OR REGISTERING FOR OR USING THE SITE OR SERVICES, YOU ALSO ARE AGREEING WITH BGLLC THAT YOU AND BGLLC HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, BGLLC OR THE BGLLC INDEMNIFIED PARTIES, BOTH YOU AND BGLLC STILL AGREE TO WAIVE TRIAL BY JURY.
c. JOINDER OF CLAIMS – BY USING OR DOWNLOADING CONTENT FROM OR REGISTERING FOR OR USING THE SITE OR SERVICE, YOU ARE FURTHER AGREEING WITH BGLLC THAT NEITHER YOU NOR BGLLC WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR BGLLC WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
d. NO EFFECT ON SUBSTANTIVE RIGHTS – THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR BGLLC’S SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE SITES OR THE SERVICES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST BGLLC AND THE BGLLC INDEMNIFIED PARTIES OR ON YOUR BEHALF.
e. FINALITY, APPLICATION OF ARBITRATION AWARD – ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
f. Interpretation – This agreement to arbitrate will be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. In rendering an award, the arbitrator shall apply the substantive and procedural law of the state of Florida, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.
g. Hearings; Fees and Costs – Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Code of Procedure would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Code of Procedure, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.
h. Remedies in Aid of Arbitration; Equitable Relief – This agreement to arbitrate will not preclude either you or BGLLC from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either you or BGLLC from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of you, BGLLC or third parties. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN HILLSBOROUGH COUNTY, FLORIDA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
i. Information – Information on the National Arbitration Forum may be obtained and claims may be filed at any office of the National Arbitration Forum, online at www.arbitration-forum.com, or by mail at P.O. Box 50191, Minneapolis, MN 55405.