By accessing or using OneSothebysRealty.com (the “Site”), you agree to be bound by these terms and conditions. MDLV, LLC d/b/a ONE Sotheby’s International Realty and/or any other related or affiliated entities and individuals providing information and services on the Site (collectively and individually, “ONE Sotheby’s”), provide the information and services on this Site to you, the user, upon your acceptance, acknowledgement and agreement, without modification or reservations, to the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.The information and services offered on this Site are provided with the understanding that ONE Sotheby’s is in no way engaged to render legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.ONE Sotheby’s assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the information, services or other materials on this Site. While ONE Sotheby’s strives to keep the information on this Site accurate, complete and up-to-date, ONE Sotheby’s cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
PERSONAL AND LIMITED COMMERCIAL USE LIMITATIONS
You may access, download and print materials on this Site for your personal and limited commercial use. You may not modify, display, perform, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by ONE Sotheby’s, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of ONE Sotheby’s, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted by ONE Sotheby’s and/or its related and affiliated companies, and all rights are reserved. No reproduction, distribution or transmission of the copyrighted materials at this Site is permitted without the written permission of ONE Sotheby’s and/or its related and affiliated companies.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to ONE Sotheby’s that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, ONE Sotheby’s are not responsible for those costs. The information, software, products, and services published on this Site may include inaccuracies or typographical errors. Changes are periodically added to the information contained herein. ONE Sotheby’s may make improvements and/or changes to this Site at any time without notice.
All information, products, and services are provided “as is” without warranty of any kind. In no event shall ONE Sotheby’s be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for any information, products and services obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, even if ONE Sotheby’s has been advised of the possibility of damages.
You agree to indemnify, defend and hold harmless ONE Sotheby’s from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this agreement.
With respect to any public offerings or sale of estate securities made or promoted on this Site, ONE Sotheby’s makes the following disclaimers required under New York law:
- (i) The Sponsor And Principal(S) Taking Part In The Public Offering Or Sale Are Not Incorporated In, Located In, Or Resident In The State Of New York;
- (ii) The Offering Is Neither Made In The State Of New York Nor Made To The Residents Of The State Of New York;
- (iii) The Offering Is Not Directed To Any Person Or Entity In The State Of New York By, Or On Behalf Of, The Offeror Or Anyone Acting With The Offeror’s Knowledge; And
- (iv) No Offering Or Purchase Or Sale Of The Security Shall Take Place As A Result Of This Offering, Until All Registration And Filing Requirements Under The Martin Act And The Attorney General’s Regulations Are Complied With; A Written Exemption Is Obtained Pursuant To An Application Is Granted Pursuant To And In Accordance With Cooperative Policy Statements #1 Or #7; Or A “No-Action” Request Is Granted.
LINKS TO THIRD-PARTY SITES
TERMINATING THE SITE
ONE Sotheby’s retains the right at any time to discontinue, modify or temporarily or permanently terminate the Site with or without notifying you. If ONE Sotheby’s discontinues, modifies or terminates the Site in whole or in part, ONE Sotheby’s will not be liable to you or any third party for such discontinuance, modification or termination.
CHANGES TO SITE
ONE Sotheby’s may make improvements or changes to the information, services, products and other materials on this Site, or terminate this Site, at any time without notice. ONE Sotheby’s may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified agreement.
VIRUSES; DESTRUCTION OF THE SITE
You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including ONE Sotheby’s systems. You also agree not to interfere with the servers or networks connected to the Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Site. Any attempt by a user to deliberately damage the Site or to undermine the operation of any aspect or component of the Site constitutes a violation of criminal and civil laws.
COMMUNICATIONS ON THE SITE
Although ONE Sotheby’s may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like which may appear from time to time on the Site, ONE Sotheby’s is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such communications on the Site. You are prohibited from posting or transmitting any inaccurate, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ONE Sotheby’s will fully cooperate with any law enforcement authorities or court order requesting or directing them to disclose the identity of anyone posting any such information or materials.
INTELLECTUAL PROPERTY DISCLAIMERS
ONE Sotheby’s in no way intends to violate or infringe upon any intellectual property rights of any third parties. If you believe that your intellectual property rights have been violated by ONE Sotheby’s or by a third party who has uploaded content on the Site, please provide the following information to ONE Sotheby’s copyright agent listed below:
- a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
- b. A description of where the material that you claim is infringing is located on the Site;
- c. An address, a telephone number, and an e-mail address where ONE Sotheby’s can contact you and, if different, an e-mail address where the alleged infringing party, if not ONE Sotheby’s, can contact you;
- d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
- f. Your electronic or physical signature.
ONE Sotheby’s may request additional information before removing any infringing material and may also provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
ONE Sotheby’s has registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyrighted material is being used on this Site without permission, please notify the designated agent at:
Daniel de la Vega, PresidentMDLV, LLC d/b/a ONE Sotheby’s International Realty, 1430 S. Dixie Highway, Suite 110Coral Gables, Florida 33146
This agreement and the resolution of any dispute related to this agreement or the Site shall be governed by and construed in accordance with the laws of State of Florida and the United States, without giving effect to any principles of conflicts of law. ONE Sotheby’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. The exclusive venue for any legal action or proceeding between ONE Sotheby’s and you related to this agreement shall be brought exclusively in the state or federal courts of competent jurisdiction in Miami-Dade County, Florida.