- Scope of Privacy Statement
- Commitment to Privacy
- Collection of Your Information
- Use of Your Information
- Tailored Advertising
- Do Not Track Signals
- Disclosure of Your Information
- Opting Out of Communications from Us
- Security and Account Protection
- Children’s Information
- Accessing, Reviewing, and Changing Personal Information
- Third Party Links and Services
- Amendments to Privacy Statement
- International Transfers of Information
- Contacting Us
- Scope of Privacy Statement
This Privacy Statement (“Privacy Statement”) describes how Firm Real Estate Group, LLC (Doing Business As FirmRE.biz), and its affiliates and subsidiaries (collectively, “we,” “us,” “our,” or the “Company”) handle your personal information when you (collectively, “you” or “your”) use the Company’s websites (including www.firmre.biz [f/k/a www.TheFirmResidentialRE.com) and any other website where this Privacy Statement is posted), tools, documents and applications (including mobile applications), and other services, including the services offered under the brands FirmRE.biz (“FirmRE:VRTours”), (“FirmRE:360Tours”) (collectively, the “Services”). By using the Services, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Statement.
- Commitment to Privacy
The Company has a strong commitment to providing information tailored to your individual needs while providing excellent service to all of our visitors and customers, including respecting concerns about privacy. We understand that you may have questions about whether and how we collect and use information. This Privacy Statement details the steps we take to respect your privacy concerns. If, after reviewing this Privacy Statement, you have any questions or privacy concerns, please send an email to firstname.lastname@example.org or a letter to:
Firm Real Estate Group, LLC
Privacy – Legal Department
500 S. Australian Avenue Suite 600
W. Palm Beach, FL 33401
- Collection of Your Information
Personal Information. We do not collect personal information (such as names, addresses, telephone numbers, email addresses, or financial account information) from you when you browse the Services, unless you have specifically and knowingly provided us with personal information, e.g., by creating an account through the Services (“FirmRE Account”), updating your FirmRE Account profile, registering for or participating in a marketing or transaction event, registering to participate in the community features of the Services (“Community”), creating and updating your Community profile, submitting an employment application, completing online forms, or entering into a transaction with us. This information may include, without limitation, information such as your first and last name, e-mail address, telephone number, username, password, billing information, and other information exchanged in connection with real estate transactions. We also may acquire personal information from other sources such as offline records, publicly available information, or from third parties. We use this information to provide the Services and as discussed in this Privacy Statement.
Automatically-Collected Information. We may automatically collect information about the computer or devices (including mobile devices) you use to access the Services, and your interactions with the Services. For example, we may collect and store information such as your browser type, IP address, language, operating system, location of your wireless device (e.g., latitude and longitude), the state or country from which you accessed the Services, unique device identifier (e.g., a UDID or IDFA on Apple devices like the iPhone, iPad and iTouch), the pages you view, length of time spent on pages, communications with other users through the Services, the Services you use and the manner in which you use such Services (e.g., the content you access, view, click on, search for, post, favorite, vote, follow, share, upload, or tag), the date and time of your visit, the websites you visited immediately before and after visiting our Company websites, error logs, and other hardware and software information, as well as other geographic and demographic information. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. We may use this information to formulate statistical models about use of the Services, enhance the Services for our users, and provide you with information about new opportunities, and tailored content, advertising, marketing and as otherwise discussed in this Privacy Statement. To the extent that such information is maintained in a manner that identifies your name or contact information, it will be treated as personal information; otherwise, such information will be treated as non-personal information.
FirmRE Account. If you are logged into your FirmRE Account, certain information specified in the preceding paragraph (such as what content you access, view, click on or search for on the Services, the devices from which you access such content and the length of time for which you view same), may be maintained in a manner that identifies such information with your name or contact information. FirmRE may use the account details from your FirmRE Account across all the Services that FirmRE offers. Accordingly, if you have created a FirmRE Account for one Company website or aspect of the Services, you may be able to use the same username and password for accounts on other Company websites or with respect to other aspects of the Services, without creating accounts for each such Company website or aspect of the Services. All information collected while you are logged-in to any FirmRE Account that is maintained in a manner that identifies such information with your name or contact information, may be aggregated by the Company and used as permitted by this Privacy Statement.
How to Disable the Collection of Location Information. If you are using an Apple device, click on “General,” then “Reset,” then “Reset Location and Privacy.” This will turn off location functionality for all of your apps so that the next time you download or use an app, you will be asked again to provide your consent for us and others to access your location information.
If you are using an Android device, visit the device settings, click “Location,” and then click the boxes for the particular applications for which you would like to disable location services.
The Services may also contain social plugins for other websites, such as Facebook, Twitter, YouTube, LinkedIn and Google+. We recommend reviewing the privacy policies with respect to the social plugins for each of these websites, prior to clicking on such plugins.
- Use of Your Information
We will use your information for the purpose for which you provided it, and we may also use your information for a number of purposes such as to:
- Create and maintain your FirmRE Account and account profile, your Community profile, registration information and communication preferences;
- Enhance the user experience;
- Perform research and analytics;
- Customize and personalize the content and advertising that you see on the Services;
- Respond to and fulfill your requests for Services (including qualification to make bids or offers) or other inquiries;
- Determine your eligibility for certain marketing or transaction events, services, gifts, prizes, and special features of the Services;
- Call, email or otherwise contact you to facilitate marketing or transaction events for which you are registered;
- Call, email or otherwise contact you regarding new opportunities relating to marketing or transaction events or our other Services;
- Administer, register or enroll you in, or facilitate your participation in recreational, educational or entertainment activities; surveys or questionnaires; promotions or sweepstakes, or any other services, events or activities sponsored by us or third parties, or offered in connection with our Services;
- Send you prizes and gifts;
- Send you information about topics that may be of interest to you; and
- Send you communications related to your FirmRE Account and to alert you to the latest developments and features of the Services.
- Tailored Advertising
The Services may include third party tailored ad technology which enables customized and targeted ads to be displayed to you through the Services and on third party websites. We do not share personal information with these third parties; however, when you use the Services, we or third parties operating the ad serving technology may use non-personal information that is collected through cookies, anonymous identifiers, such as an IDFA on iOS devices, web beacons, pixels, or clear GIFs to ensure that appropriate ads are presented and to perform analytics concerning your use of the Services and other websites tracked by these third parties. These technologies also may control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. To the extent any of this information is collected by third parties, you acknowledge and agree that such collection and use is governed by those third parties’ privacy policies and we are not responsible for the privacy practices of such third parties.
If you are interested in more information about tailored ads and your choices to prevent third parties from delivering tailored ads, you may visit the following third party websites: the Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance’s Consumer Opt-Out Page. Please note that to the extent ad technology is integrated into the Services, you may still receive ads even if you opt-out of tailored ads. In that case, the ads will just not be tailored to your interests.
If you are using an iOS device and you do not want to receive tailored in-application ads that relate to your interests, you may opt-out by accessing the following link on your device: http://oo.apple.com. If you are using an Android device and you do not wish to receive tailored in-application ads, you can visit Google’s Ads Preferences page from a browser on your device and make your choices there.
- Do Not Track Signals
We do not respond to or alter our practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, we reserve the right to do so in the future.
- Disclosure of Your Information
We may share your information in the following ways:
We may make information collected through the Services available to subsidiaries and affiliated companies that are under common ownership or control within the Company family.
If you download information on assets listed on our Services or make a bid or offer on a particular asset, the seller and its affiliates and representatives are given access to your information.
We may share information about our visitors, customers, or former customers with the following types of companies that perform services on our behalf or with whom we have joint marketing agreements:
- Non-financial companies such as envelope stuffers, fulfillment service providers, payment processors, data processors, customer/support services, etc.
- Financial service providers such as companies engaged in banking, mortgage lending, consumer finance, securities, and insurance.
We may share or sell, as allowed by law, information about you with other companies who we believe may have products and services of interest to you. If you would like to opt-out of our sharing of your information with these other companies for their direct marketing purposes, please follow our Third Party Opt-Out Policy described in Section 9 below.
We may share your information with any person or entity when we have your consent.
We may use and share non-personal information about you or use of the Services, including any de-identified and aggregated data with third parties without limitation.
If you participate in the Community, you will be prompted to create a Community profile. Remember that when you include information on your Community profile it may be publicly available, indexable by search engines, and collected and used by other users of the Services, as well as those outside the Community, without compensation and without notice. You can edit certain Community privacy preferences in the “Privacy” section of your profile under “Edit Profile” on the Community page. Also remember that certain personal information about your use of the Services and information that is included in your Community profile may be available to other users of the Services, such as all of your connections through the Services, your followers and the users you are following, the Community “points” and “badges” that you have earned, the level you have reached, the “missions” you have accomplished, and your other actions when using the Services (e.g., the content you access, view, click on, search for, post, favorite, vote, follow, share, upload, or tag), the date you were last logged into your Community profile, and your “Skills and Expertise,” among other things. We recommend that you keep this in mind when using these features of the Services.
- Opting Out of Communications from Us
By creating a FirmRE Account or registering for or participating in any marketing or transaction event on one of our Company websites, you agree to receive direct mail, email newsletters and other promotional email communications, as well as promotional telephone communications. Similarly, by creating a Community profile you agree to receive email newsletters and other promotional email communications. For example, from time to time we may send you email notices or news updates alerting you to new features, products, promotions, or services pertaining to offerings from us, new opportunities, surveys or our other Services, and, if you have created a FirmRE Account or registered for a marketing or transaction on one of our Company websites, we may send you direct mail or call you with respect to same.
Please note that preferences relating to communications that you receive due to each of the following differ from one another: (a) communications that you receive from us due to your activity on and FirmRE Account with www.TheFirmResidentialRE.com (“Firm Real Estate Group, LLC”); (b) communications that you receive from us due to your activity on and FirmRE Account with FirmRE.biz (“FirmRE:VRTours”); (c) communications that you receive from us due to your activity on and FirmRE.biz Account with (“FirmRE:360Tours”).
With respect to TheFirmResidentialRE.com:
- You may alter your preferences with respect to promotional TheFirmResidentialRE.com by contacting us at email@example.com.
- If you no longer wish to receive direct mail TheFirmResidentialRE.com, you may opt out by contacting us at firstname.lastname@example.org.
- If you no longer wish to receive promotional email TheFirmResidentialRE.com, you may opt out of receiving these communications by choosing the “Unsubscribe” option available as a link in every promotional email, following the instructions provided in the Preference Center or by contacting us at email@example.com.
- If you no longer wish to receive promotional telephone TheFirmResidentialRE.com, you may opt out of receiving these communications by telling the representative who calls you with such TheFirmResidentialRE.com or by contacting us at firstname.lastname@example.org.
- Please note that unsubscribing from or otherwise changing your preferences with respect to TheFirmResidentialRE.com will not impact your preferences related to Community Communications.
With respect to Community Communications:
- You may alter your preferences with respect to promotional Community Communications on the “General Preferences” page that is available under “Preferences” on the Community page (“Community General Preferences Page”).
- If you no longer wish to receive promotional email Community Communications, you may opt out of receiving these communications by choosing the “Unsubscribe” option available as a link in every promotional email, changing your preferences in the Community General Preferences Page, or by contacting us at email@example.com.
- Please note that unsubscribing from or otherwise changing your preferences with respect to Community Communications will not impact your preferences related to FirmRE.
We will gladly comply with all requests to opt out of or unsubscribe from promotional communications, but reserve the maximum amount of time allowed by law to process such requests. You cannot opt out of certain transactional emails or telephone calls, such as confirmations of registration communications intended to facilitate marketing or transaction events for which you have registered, and other emails or calls about us or the Services. Transactional emails can be recognized by a lack of an “Unsubscribe” link in the email body.
- Security and Account Protection
We have implemented commercially reasonable physical, administrative, technical, and electronic security measures to protect against the loss, misuse, and alteration of your personal information. Despite our best efforts, however, no security measures are perfect or impenetrable. We appreciate your help in safeguarding the integrity of your own and others’ privacy. We encourage you to let us know immediately if you suspect that any personal information you shared with us is being used contrary to this Privacy Statement.
- Children’s Information
The Services are not directed toward persons under 18 years of age. We do not knowingly market to or collect any personal information from children under the age of 18. If you are under 18, you are not permitted to submit any personal information to us or the Services. If you provide information to us through the Services, you represent that you are 18 years of age or older. If a parent or guardian believes that we have in our database the personal information of a child under the age of 13, please contact us immediately at firstname.lastname@example.org and we will promptly remove such information from our records.
- Accessing, Reviewing, and Changing Personal Information
If your personal information changes or is inaccurate, you agree to update your information by updating the account information located in both your FirmRE Account profile and your Community profile. If you no longer wish to use the Services, contact us at email@example.com.
- Third Party Links and Services
The Services may contain links to third-party websites, including identity verification and social networking websites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services to which we link. We do not endorse or make any representations about third-party websites or services. The personal information you choose to provide to or that is collected by these third parties is not covered by our Privacy Statement. We strongly encourage you to read such third parties’ privacy statements.
- Amendments to Privacy Statement
We may amend this Privacy Statement at any time by posting the amended terms on the Services. Any changes to this Privacy Statement will become effective upon posting. Your continued use of the Services following these changes means that you accept such revisions. If we make any material changes to this Privacy Statement, we will post the changes here and notify you in the manner and to the extent required by law.
- International Transfers of Information
Some of the uses and disclosures mentioned in this Privacy Statement may involve the transfer of your personal information to various countries around the world that may have different levels of privacy protection than your country. By submitting your personal information, you consent to such transfers. By using the Services, or by submitting your personal information to us, you expressly consent to the storage and processing of your personal information in the United States in accordance with the laws of the United States, or in other jurisdictions.
- Contacting Us
Should you have any questions about this Privacy Statement, contact us by sending an email to firstname.lastname@example.org. Please provide your name, mailing address, telephone number and email address so we can service you more quickly. You can also call us at (800) 827-7953 or write to us at 500 S. Australian Avenue Suite 600 W. Palm Beach, FL 33401.
This Privacy Statement was last updated June 28, 2016.
We’ve included some annotations below certain sections that are not part of the agreement itself, but are intended to highlight important points and help you follow the text.
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly.
2. ELIGIBILITY AND REGISTRATION
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services. You may choose to create a FirmRE Account and provide certain information, including a valid email address and a password. If you want to participate in any marketing or transaction event through the Services, you will have to register with us. In addition, you may choose to participate in the community features of our Services (“Community”) available on certain of the Websites, by creating a Community username, providing additional information in your Community profile, and logging into the Community. You agree to only provide information that is accurate and truthful, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your account information, and to notify us immediately if you learn of any unauthorized use of your account or information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, FirmRE Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your FirmRE Account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. Your registration and Community participation are subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration or Community participation for any reason or no reason.
By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Statement.
The Services are not intended for users under the age of 18, so you MUST be 18 to use them. If you create a FirmRE Account or register, it is important to keep your information accurate and up to date so that we can contact you with information about the Services. You are responsible for your own FirmRE Account and registration. If you ever forget your password, or believe that someone has accessed your FirmRE Account without your permission, it is important to contact us so that we can assist.
3. INTELLECTUAL PROPERTY
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, documents and applications, are copyrighted by us or our licensors and content suppliers, and are protected by United States (“U.S.”) and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.
4. YOUR LICENSE TO USE THE SERVICES
5. SERVICE RULES
There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files;
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;
- Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; or
- Violates any laws.
To use the Services, you have to follow our rules. The rules above are designed to keep the Services safe and enjoyable for all users.
6. YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services, including without limitation to or through the Community (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username, and may be linked to your FirmRE Account and Community profile. You acknowledge that once published, you cannot withdraw such Submissions. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.
Please review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, you may not make any Submissions.
- You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;
- Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;
- Your Submissions will not infringe or violate our rights or the rights of a third party;
- You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;
- You agree that we are not liable for Submissions made by you or others;
- You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;
- Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;
- Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason;
- You will not share viruses or files that have the capability of causing damage to another’s computer;
- You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; and
- You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.
7. THE COMMUNITY
If you participate in the Community, you may have the ability to connect with other users, follow other users, be followed by other users, upload/download documents, make Submissions, and vote in polls, among other things. Certain types of participation within the Community such as completion of certain “missions” may allow you the opportunity to earn Community “points” and “badges” and advance to different “levels”. Community points and badges: (i) have no cash value and may not be redeemed for credit, products or services; (ii) may not be transferred to others; (iii) may be lost if your FirmRE Account or Community profile is deactivated; and (d) may not be fraudulently obtained. If you have not logged into your FirmRE Account or have not participated in the Community for two (2) months or longer, we reserve the right to deactivate your FirmRE Account. Though we are under no obligation to do so, we reserve the right, in our sole discretion, to send you gifts or prizes, and enable special features of the Services for you based on your earning a certain number of Community “points” or certain types of “badges”. When you participate in the Community, you do so at your own risk.
Our Community has some exciting features, but if you use it you do so at your own risk.
8. REPORTING COPYRIGHT INFRINGEMENT
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written DMCA Notice of Alleged Infringement (“Notice”). You must do all of the following in your written Notice for it to be valid:
A. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
B. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.
C. Include your mailing address, telephone number, and, if available, email address.
D. Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):
“I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
E. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Company’s Copyright Agent:
FirmRE.biz Copyright Agent
500 S. Australian Avenue Suite 600
W. Palm Beach, FL 33401
You can leave a message for our Copyright Agent at (800) 879-7953, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above.
Use exactly the procedure described here to notify us of alleged copyright infringement on the Services.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, marketing or transaction events, times and locations, relevant terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (i) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (ii) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (iii) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing or selling a property using the Services, and are able to bear any such risks. You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax professionals relating to the legal and tax consequences of any documents used in connection with the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk. In particular, YOU are responsible for performing your own diligence on properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Unless a state law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or $100, whichever is greater.
12. PRIVACY STATEMENT
In addition to this agreement, your use of the Services is subject to our Privacy Statement. This document is important, as it governs how we can use your personal and other information.
13. TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
14. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”) and in accordance with the Expedited Procedures in those Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the State of California. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
15. SERVICES AUDITING AND MONITORING
We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.
16. GENERAL TERMS
A. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
C. Compliance with Applicable Laws: The Services are controlled within the United States of America and directed to individuals residing in the United States. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion. You represent and warrant that: (i) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Country”); (ii) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (a) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available athttp://www.treasury.gov/resource-center/sanctions/SDN-List/Pages /default.aspx) (an “OFAC Listed Person”), (b) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (c) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (iii) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (x) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (y) any applicable economic sanctions laws administered by OFAC or the U.S. Department of State; or (z) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
These are all the general legal terms that govern your use of the Services.
17. CONTACT US
For questions about the Services, you should contact Firm Real Estate GRoup, LLC at email@example.com or (800)827-7953
FirmRE conducts Events solely on behalf of Seller, and is not acting as an agent for any Participant in any capacity. By registering for an Event or submitting an Offer at www.FirmRE.biz, or any other FirmRE website (“Website”), Participant acknowledges having read and accepted these Terms. By submitting an Offer on a Property, Participant is deemed to have accepted any additional terms and conditions posted on the Property’s details page on the Website (“Property Page”) at the time the Offer was submitted, and such terms and conditions shall govern and control over these Terms to the extent of any conflict.
1. ACCOUNT CREATION AND REGISTRATION PROCESS
Participants must create a FirmRE account in order to participate in any Event.
Some Events may also require Event-level registration and, as part of that registration process, Participants may be required to place a deposit to secure compliance with these Terms (“Participation Deposit”). The amount of the Participation Deposit (if any) and acceptable deposit methods will be shown during registration.
The Winning Buyer’s Participation Deposit (if any) may be applied towards the required “Earnest Money Deposit” (defined below), unless the Participation Deposit was made by a credit card hold, in which case such hold will be released after confirmation that the “Purchase Documents” (defined below) have been fully signed and the Earnest Money Deposit has been timely received. All Participation Deposits from Participants other than Winning Buyer will be released after the Event.
FirmRE may modify, waive, or impose additional registration requirements for certain Properties or Participants in its sole and absolute discretion or at the request of Seller.
2. DUE DILIGENCE
Purchase Documents. Prior to submitting an Offer, Participants must review the purchase and sale agreement, any applicable addenda, Seller’s disclosure documentation, and all other transaction documents (collectively, “Purchase Documents”), which can be accessed on the Property Page. All Offers must be based on the posted Purchase Documents. For auction Events, the Purchase Documents are non-negotiable. For non-auction Events, all negotiable terms agreed to by both Seller and Winning Buyer shall be incorporated into the final Purchase Documents using the applicable blanks and checkboxes in the pre-printed provisions in the Purchase Documents.
Due Diligence. It is each Participant’s responsibility to conduct its own due diligence and investigate all matters relating to each Property that Participant is interested in purchasing, including, without limitation, legal matters, physical condition and attributes, environmental matters, economic matters, encumbrances, and all other aspects. Participant must coordinate any such inspection with Seller, and assumes all risks associated with any such inspection. In some circumstances Seller may be unable to provide physical access for inspections, and Participants must submit Offers accordingly at their own risk. All Offers should be based solely on Participant’s independent due diligence and any information contained in the Purchase Documents.
Property information has been gathered from a variety of sources and has not been independently verified by FirmRE. Participants are encouraged to consult with a licensed real estate broker, contractor, attorney, financial advisor, tax advisor, and/or other relevant professionals.
Participant is responsible for all liability, damages and/or costs directly or indirectly arising from Participant’s inspection, visit, or investigation of the Property. Participant agrees to indemnify, defend and hold harmless Seller and FirmRE from any such liability, damages and/or costs, and to maintain all applicable policies of insurance insuring over such liability, damages and/or costs.
Property Value. The term “Previously Valued To” displayed on the Property Page for a Property refers to the highest of (a) the appraised value of the Property in connection with the most recent mortgage on the Property, (b) a recent asking price, (c) the assessed value, or (d) a recent broker price opinion.
Irrevocability of Offers. All Offers submitted during any Event are irrevocable, except where an Offer withdrawal option is expressly made available to Participants through the Website.
Signing Purchase Documents. The final Purchase Documents will be emailed to Winning Buyer for electronic signature using the email address associated with Winning Buyer’s FirmRE account. Winning Buyer must sign the Purchase Documents within two hours after they are sent to Winning Buyer (unless a longer timeframe is specified in writing by FirmRE), time being of the essence. If Winning Buyer fails to timely sign the Purchase Documents, FirmRE or Seller may declare Winning Buyer to be in default of these Terms and Seller may reject Winning Buyer’s Offer.
Payment of Earnest Money Deposit. The Purchase Documents for each Property require Winning Buyer to pay a deposit to the escrow/closing agent (“Earnest Money Deposit”). The amount of the Earnest Money Deposit is specified in the Purchase Documents or the Property Page for each Property. Unless otherwise specified in the Purchase Documents, the Earnest Money Deposit must be received no later than 5:00 PM in the time zone where the Property is located on the first business day after Seller countersigns the Purchase Documents, time being of the essence. If the Earnest Money Deposit is not timely received, FirmRE or Seller may declare Winning Buyer to be in default of these Terms and Seller may reject Winning Buyer’s Offer.
Entity Buyers. Winning Buyers wanting to take title in the name of an entity (not as an individual) may be required to provide entity formation documents and resolutions authorizing the purchase within the timeframe specified by FirmRE (which may be before or after the Event, in FirmRE’s sole discretion). Seller and/or the escrow/closing agent may require additional documentation prior to closing.
Buyer’s Fee. If the Property Page for a Property states that a buyer’s premium or transaction fee (“Buyer’s Fee”) applies to the sale, then Winning Buyer will be required to pay the Buyer’s Fee in addition to Winning Buyer’s Offer amount at closing. Unless otherwise specified for a particular Property, the Buyer’s Fee will be added to Winning Buyer’s Offer amount to establish the total purchase price payable by Winning Buyer. If the Property is anything other than a one to four unit residential property and Participant purchases it from the Seller outside of FirmRE’s platform within 180 days from the date Participant acknowledges these Terms, Participant agrees to be responsible to FirmRE for full payment of the Buyer’s Fee that would have been payable if Participant had purchased the Property through FirmRE’s platform.
Short Sale Properties. Some Properties involve a sale in which the proceeds may fall short of the balance of debts secured by the Property (“Short Sale”). All Offers for Short Sale Properties are subject to the approval of the applicable lien holders (“Short Sale Lender’s Consent”). If Short Sale Lender’s Consent is not received, the transaction will be cancelled and the Earnest Money Deposit will be returned to Participant.
4. AUCTION EVENTS
Reserve Price. Except for Properties noted “Absolute Auction” or “Minimum Bid Auction”, all Properties in auction Events have a minimum selling price established by Seller (“Reserve Price”). The starting bid is not the Reserve Price. Except where prohibited by law, FirmRE may counter bid on behalf of Seller on any Property up to the amount of the Reserve Price (and no such bid will result in a sale of the Property). If the Reserve Price is not met, Seller is under no obligation to sell the Property; however, Seller may accept a bid that is below the Reserve Price in its sole and absolute discretion.
Minimum Bid Auction Events. Properties to be auctioned without a Reserve Price but with a minimum bid will be listed in a “Minimum Bid Auction” and will be sold to the highest bidder at or above the minimum bid amount.
Absolute Auction Events. Properties to be auctioned without a Reserve Price or minimum bid will be listed in an “Absolute Auction” and will be sold to the highest bidder.
Managed Bid Events. For Properties to be marketed in a Managed Bid Event, Participants are invited by FirmRE or Seller to submit a non-binding indicative bid (“Indicative Bid”) before the Managed Bid Event. In order to submit an Indicative Bid, Participant must complete an Indicative Bid Form posted on the Property Page prior to the auction date. No deposit is required to submit an Indicative Bid; however, Participant registration may be required. Submission and acceptance of an Indicative Bid does not legally bind either Participant or Seller. If Seller decides to proceed with the Managed Bid Event, Seller will review the Indicative Bids for the Property and use them to determine which Participants may participate in the Managed Bid Event, in Seller’s sole and absolute discretion.
Extension of Auction Time. In order to allow final bids to be properly input and processed during auction Events, FirmRE may extend the time for bidding on any Property in its sole and absolute discretion to allow for additional bids.
Subject to Confirmation. Seller may designate certain Offers as “subject to confirmation” in its sole and absolute discretion, in which case Winning Buyer’s purchase is subject to, and contingent upon, Seller approving the purchase in its sole and absolute discretion within the time period set forth in the Purchase Documents. Winning Buyer will receive a refund of monies deposited if Seller chooses not to approve the purchase.
5. BROKER/AGENT PARTICIPATION
We encourage real estate broker and agent participation. A cooperating broker commission (based on the Winning Buyer’s Offer amount) may be offered on some Properties. Any such cooperating broker commission will only be paid to cooperating brokers (a) who have been identified by their clients, (b) whose clients successfully purchase the Property and close the transaction.
For certain Events, a registered broker/agent may submit Offers on behalf of a client identified to FirmRE prior to Offer submission. By submitting an Offer on behalf of a client, the broker/agent (i) represents and warrants that the broker/agent has received all client authorizations and satisfied all legal requirements necessary to submit Offers on the client’s behalf, (ii) acknowledges that any Offer submitted will be binding upon the broker/agent and the client identified at registration to the same extent as if the client had submitted the Offer, and (iii) agrees to indemnify and hold harmless FirmRE from any breach of these representations or warranties.
Please see the applicable Property Page for details regarding broker/agent participation and cooperating broker commissions, if any, related to a specific property.
6. GENERAL INFORMATION
Seller and FirmRE reserve the right to deny, limit, or impose conditions on submitting Offers and/or access to the Website or any Event at any time, for any reason (including, without limitation, Participant’s solvency, credit history, transaction history, and Participation Deposit amounts).
FirmRE may postpone or cancel an Event, rearrange the order or sequence of the Properties in the Event, modify these Terms by posting notice of modification on the Property Page, remove any Property from the Event, or reject any or all Offers.
FirmRE, Sellers and/or their agents may issue press releases and other public communications regarding the Event and/or any Property offered or sold during at an Event.
These Terms and the conduct of each Event shall be governed by the laws of Florida except in the case of auction Events involving real property located in California. With respect to auction Events involving real property located in California, these Terms and the conduct of each Event shall be governed by the laws of Florida.
Any information on any website, in any brochure, e-mail or postcard and any and all information available regarding the Properties shall not constitute an offer to sell or a solicitation of any offer to buy any of the Properties. Offers submitted or solicitations made during any Event are void where prohibited by law. If any sale would require registration or qualification under applicable state securities laws, no such sale may be consummated until such applicable requirements have been met.
As between Seller and Participant, no obligation to sell shall be binding on Seller unless and until the Purchase Documents have been signed and delivered by Seller and the Earnest Money Deposit has been received as required hereunder. After the Purchase Documents have been fully signed, the Purchase Documents shall govern the relationship between Winning Buyer and Seller.
7. DISCLAIMERS; PARTICIPANT REPRESENTATIONS; CANCELLATION; LIQUIDATED DAMAGES
FIRMRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPERTY, OR THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY FIRMRE. EACH PARTICIPANT HEREBY RELEASES FIRMRE AND ITS EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS, BROKERS AND AGENTS (“REPRESENTATIVES”) FROM ANY AND ALL CLAIMS THAT ANY SUCH PARTICIPANT MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST FIRMRE OR ANY OF ITS REPRESENTATIVES FOR ANY DAMAGE OR INJURY RESULTING FROM OR RELATING TO ANY ERRORS, OMISSIONS OR OTHER CONDITIONS AFFECTING ANY PROPERTY OR THE DOCUMENTS USED IN EVAULATING OR ACQUIRING ANY PROPERTY. THIS RELEASE INCLUDES CLAIMS OF WHICH PARTICIPANT IS PRESENTLY UNAWARE OR DOES NOT PRESENTLY SUSPECT TO EXIST IN PARTICIPANT’S FAVOR WHICH, IF KNOWN BY PARTICIPANT, WOULD MATERIALLY AFFECT PARTICIPANT’S RELEASE OF TEN-X. EACH PARTICIPANT SPECIFICALLY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (AND OTHER SUBSTANTIALLY SIMILAR APPLICABLE STATE STATUTES) WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Each Participant represents and warrants that: (a) Participant is not located in a country embargoed by the United States of America; (b) neither Participant, its affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees (i) is listed as a “specifically designated national and blocked person” on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control (“OFAC”), (ii) is a person or entity with whom U.S. persons or entities are restricted from doing business under OFAC regulations or any other statute or executive order (including the September 24, 2001 “Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”), or (iii) is engaged in prohibited dealings or transactions with any such persons or entities; and (c) Participant (i) is a sophisticated purchaser, (ii) is capable of evaluating the merits and risks of purchasing a Property on the Website, and (iii) understands and is able to bear the economic risks of purchasing a Property on the Website, including, without limitation, a total loss of investment and/or the risk that Participant may be required to hold such Property for an indefinite period of time.
CANCELLATION; LIQUIDATED DAMAGES. IF WINNING BUYER BREACHES THESE TERMS, WINNING BUYER’S OFFER MAY BE REJECTED BY FIRMRE AND/OR SELLER, THE PROPERTY MAY BE IMMEDIATELY SOLD TO ANOTHER PARTICIPANT OR PLACED IN ANOTHER EVENT, AND WINNING BUYER WILL BE RESPONSIBLE FOR PAYING FIRMRE LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO (A) THE AMOUNT OF THE PARTICIPATION DEPOSIT SHOWN AT THE TIME OF REGISTRATION (WHETHER OR NOT PARTICIPANT ACTUALLY MADE SUCH PARTICIPATION DEPOSIT), OR (B) IF NO PARTICIPATION DEPOSIT WAS SHOWN AT THE TIME OF REGISTRATION, 2% OF WINNING BUYER’S OFFER FOR THE PROPERTY. IF PARTICIPANT MADE A PARTICIPATION DEPOSIT BY CREDIT CARD HOLD, FIRMRE IS AUTHORIZED TO CHARGE THE CREDIT CARD IN THE AMOUNT OF SUCH HOLD TO SATISFY ALL OR PART OF THE LIQUIDATED DAMAGES OWED BY PARTICIPANT. PARTICIPANT ACKNOWLEDGES THAT THE ACTUAL DAMAGES RESULTING FROM PARTICIPANT’S BREACH OF THESE TERMS WOULD BE DIFFICULT AND IMPRACTICAL TO CALCULATE, AND THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN IS A REASONABLE PRE-ESTIMATE OF THE RESULTING DAMAGES TO FIRMRE AND IS NOT A PENALTY OR FORFEITURE.
These Participation Terms were last updated June 28, 2016.
Licensing & Disclosures
Firm Real Estate Group, LLC
500 S. Australian Avenue Suite 600 W. Palm Beach Fl 33401.
FirmRE acts only as a No Brokerage Relationship, and does not act as a single agent for any buyer or seller.
Firm Real Estate Group, LLC. | Ruy Machado | RE Brkr No. CQ 1042276
Seller Disclosure: Florida Agency Disclosure
National Association of Realtors.
ProxioPro – International MLS and Global Real Estate Network.
Best of 2015 West Palm Beach, FL Real Estate Agency.
Best of 2016 West Palm Beach, FL Real Estate Agency.