Legal TermsWelcome to amerigointernational-la.com (the “Website”).
Eligibility to Use Website. You must be at least eighteen (18) years old, or at least the minimum legal age in the jurisdiction in which you are viewing our website, to access or view the AmerigoInternational.com website.
Representations and Warranties You Make by Using This Website. By using this website, you represent and warrant that you are at least 18 years old or the minimum legal age in your jurisdiction; that you have read, understood, and agree to be bound by this Agreement; that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and that you agree to comply with all applicable laws and regulations.
Ownership, Proprietary Information, and Intellectual Property. All content included on this site is and shall continue to be the property of Amerigo International Real Estate, which owns and retains all proprietary rights in the Website and the Service. Unless otherwise noted, all materials, including, without limitation, site design, articles, other text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, names, and written and other materials that appear as part of this Website (collectively, the “Intellectual Property”) are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Amerigo International Real Estate, its affiliates and licensors. The Website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries. All Amerigo International Real Estate trademarks appearing at this Website are trademarks of Amerigo International Real Estate. Except for that information which is in the public domain or for which you have been given written permission to use by Amerigo International Real Estate, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this Website, in whole or in part.
Without prior written permission from Amerigo International Real Estate, (1) other websites may not hyperlink to any page beyond the homepage of this Website, or frame this Website or any web page or material herein; (2) no person or entity may include a hyperlink to any page or portion of this Website in an email for commercial purposes.
You may not use, post, distribute, or reproduce in any way the trademarks, service marks, product names, and company names or logos of other persons or entities without the prior written consent of the owner of such proprietary rights.
Amerigo International Real Estate respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights. By submitting any materials or photographs through this Website, (1) you are granting permission to have this material posted on this Website, and (2) you are representing that you are the rightful owner of the submitted material and that no other person or entity may claim rights to such material. Amerigo International Real Estate reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Amerigo International Real Estate may have under law or contract.
Personal and Limited Commercial Use; Limitations on Use. This Website is for the personal and limited commercial use of those persons looking for the Services. This Website may not be used in any other commercial endeavors. Individuals, organizations, companies, and/or businesses should not use the Website for any purpose other than described in this paragraph.
As noted above, the contents of our Website and the Website as a whole are intended solely for personal use and the limited commercial use described in the preceding paragraph. You are hereby granted a non-exclusive license to use the content of this Website, but only while accessing this Website. You are also hereby granted a limited license to print copies of or download any content posted on this Website, but only for your personal use or for the limited commercial use described above. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as expressly provided above, all rights are reserved by Amerigo International Real Estate and you may not reproduce, publish, transmit, distribute, display, perform, modify, adapt, create derivative works from, sell or participate in the sale of, or exploit in any way, in whole or in part, any of the contents, the Website, or any related software.
Use of any of our trademarks as metatags on other websites is also strictly prohibited. You may not display this Website in frames (or any of the Content via in-line links) without our express written permission. You shall not use any automatic or manual device, process, software, program, algorithm, methodology, or routine, including, but not limited to, a robot, spider, site search/retrieval application, or other similar process, to retrieve, index, “data mine,” or in any way reproduce, interfere with, or circumvent the navigational structure, presentation, or operation of the Service, its contents, or the Website as a whole.
Illegal and/or unauthorized uses of the Website, including, but not limited to, collecting usernames and/or email addresses of members for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated. and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.
Third-Party Websites. Our website may contain hypertext links (“Links”) to websites operated by persons or entities other than us (“Third-Party Websites”) as a convenience for our visitors. Amerigo International Real Estate does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. A Link from our Website to a Third-Party Website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party Websites to which you might link from our Website. If you believe we have provided a Link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
Use of Website for Communications. Our Website may contain electronic communication facilities. You shall not use our Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services (other than to offer services with respect to the employment of Seniors through our Website), to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material (“Material”) which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (to the extent protectable) confidential ideas. YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEBSITE.
You agree that we and our affiliates do not, and shall not be considered to, endorse, review, screen, or approve any electronic communications. We have no obligation to screen communications or information in advance and we are not responsible for screening information submitted or posted in any way by users. Any job listings posted on the Website and any electronic communications posted on a message board or other public forum on the site shall be considered to be public, not private, communications. Notwithstanding the preceding limitations, we reserve the right, and you expressly agree that we have the right, for any reason whatsoever or for no reason, to remove without limitation, information, content, or any other material, from postings and/or communications in and/or through the Website. Under no circumstances may we be held liable for removing, disabling, or restricting access to or availability of any Material or other content.
Prohibited Use. You may not use this Website for any purpose that is unlawful or prohibited by this Agreement. Your access to the Website may be terminated immediately, at Amerigo International Real Estate’s sole discretion, with or without notice, for any reason, including your misuse of the Service, your failure to comply with any provision of this Agreement, or your unlawful conduct, or for no reason.
The following merely is a partial, representative list of the type of actions that you may not engage in with respect to the Service:
• You will not impersonate any person or entity. • You will not post any false, erroneous, or incorrect information on the Website. • You will not express or imply that any statements made by you are endorsed by Amerigo International Real Estate without our specific prior written consent. • You will not interfere with or disrupt the Service, the Website, or the servers or networks connected to the Services or the Website by any means, including “flooding,” “spamming,” “mailbombing,” or “crashing.” Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK.
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. AMERIGO INTERNATIONAL REAL ESTATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERIGO INTERNATIONAL REAL ESTATE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AMERIGO INTERNATIONAL REAL ESTATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AMERIGO INTERNATIONAL REAL ESTATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
AMERIGO INTERNATIONAL REAL ESTATE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
Limitations on Liability. In no event shall Amerigo International Real Estate, its subsidiaries, affiliates, distributors, suppliers, licensors, independent contractors, subcontractors, agents, or others involved in creating, sponsoring, promoting, or otherwise making available this Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) damages from your inability to use, unauthorized use of, performance or non-performance of this Website; (iii) damages from unauthorized access to or tampering with your personal information or transmissions; (iv) damages from the provision or failure to provide any service; (v) damages from errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (vi) damages resulting from any transactions, agreements, or relationships entered into through this Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Website. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Amerigo International Real Estate has been advised of the possibility of damages.
Amerigo International Real Estate expressly disclaims any liability for any damages incurred in connection with any real estate transaction or relationship that may result from use of this Website.
By using this Website, you release Amerigo International Real Estate, its agents, employees, managers, and affiliates from any and all claims, demands, and damages, known or unknown, arising from or in any way connected with disputes with other users of this Website. If you are a California resident, you hereby waives Civil Code section 1542, which states, “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 his settlement with the debtor.”
Indemnification. You agree to indemnify, defend, and hold harmless Amerigo International Real Estate, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of this Website and/or software. Amerigo International Real Estate reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Amerigo International Real Estate in asserting any available defenses.
Changes to This Agreement. Amerigo International Real Estate reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Website to which the changes may apply.
Modification/Termination of Website. Amerigo International Real Estate reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you.
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Amerigo International Real Estate shall not be liable to you or any third-party for any termination of your access.
International Use/United States Export Controls. This Website is governed by and operated in accordance with the laws of United States of America and the State of California and is intended for enjoyment of residents of the United States. Amerigo International Real Estate makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge that this site is subject to U.S. law, consent to the transfer of personal data to the United States, and waive any claims that may arise under their own national laws.
Accessing materials on this Website by certain persons in certain countries may not be lawful, and Amerigo International Real Estate makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this Website. No software or any other materials associated with this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the United States Treasury Department list of Specially Designated Nationals and Blocked Persons or the United States Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
General Legal Provisions. This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to the use of our Website. Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees.
Headings used in this Agreement are for the convenience of the parties and convey no substantive meaning to this Agreement.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The principals, broker, agents, partners and successors of Amerigo International Real Estate believes the information contained in the website to be correct but has not verified this information and assumes no legal responsibility for its accuracy. Buyers and Sellers should investigate these issues, data and information provided in this web site independently to their own satisfaction. The information in this site is for the sole purpose of a reference and guide. Any party utilizing the information on this website is recommended to seak legal, accounting and other professional advise before relying on the information provided in this website. In no way does the information or use of information of this website establish any type of Agency relationship with parties using the data in this website.
The data relating to real estate for sale/lease on this web site come in part from a cooperative data exchange program of the multiple listing service (MLS) in which this real estate firm (Broker) participates. The data is provided exclusively for the user’s personal non-commercial use, and may not be used for any purpose other than to indentify properties that the user may be interested in purchasing or leasing. The properties displayed may not be all of the properties in the MLS’s database, or all of the properties listed with Brokers participating in the cooperative data exchange program. Properties listed by Brokers other than this Broker are marked with either the listing Broker’s logo or name or the MLS name or a logo provided by the MLS. Detailed information about such properties includes the name of the listing Brokers. Information provided is deemed reliable but is not guaranteed to be accurate; you are advised to verify facts that are important to you. No warranties, expressed or implied, are provided for the data herein, or for their use or interpretation by the user. Florida Realtors® and its cooperating MLSs do not create, control or review the property data displayed herein and take no responsibility for the content of such records. Federal law prohibits discrimination on the basis of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or financing of housing.
Effective Date: May 2, 2012 Last Revised: May 2, 2012