Effective Date: September 24, 2011
PLEASE BE ADVISED THAT Company IS NOT ENGAGED IN RENDERING BUSINESS-RELATED, INCOME-RELATED OR EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR products and/or services offered by Company SHOULD BE CONSTRUED AS SUCH. Company DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE INFORMATION OR ADVICE MADE AVAILABLE BY AND THROUGH THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR any products and/or services offered by Company, NOR DOES Company REPRESENT OR WARRANT THAT SUCH INFORMATION OR CONSTITUENT ADVICE IS ACCURATE, COMPLETE OR APPROPRIATE. Company ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH INFORMATION. ALL PRODUCTS AND/OR SERVICES THAT WE OFFER ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. CHECK WITH YOUR ACCOUNTANT, LAWYER AND/OR OTHER PROFESSIONAL ADVISERS BEFORE ACTING ON ANY INFORMATION PROVIDED BY AND THROUGH OUR SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company. INCOME RESULTS ASSOCIATED WITH THE USE OF THE MEMBER SERVICES AND/OR Company ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE MEMBER SERVICES AND/OR any products and/or services offered by Company.
1. Scope of Agreement. The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained therein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, Member Services Site and/or Member Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use any products and/or services offered by Company and/or Site.
2. Requirements. The Site is available only to individuals that can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Site.
3. Description of Products and Services. Subject to the terms and conditions of the Agreement, by registering on the Site, and receiving approval from Company, you can obtain, or attempt to obtain, products and/or services offered by company and associated Member Services. The Member Services, will enable you to: (a) access and utilize the interactive features of the Member Services Site; (b) apply for and utilize products and/or services offered by Company; and (c) utilize the many resources and programs of the Member Services Site that are designed to facilitate your participation in various Company programs. As a Member, in connection with the Member Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws.
4. Registration/Account. To obtain access to any product or service offered by Company and/or information concerning the Member Services, where applicable, through the Site, you must first submit your registration to Company for approval. Company reserves the right, in its sole discretion, to deny Membership, as well as any Company sponsored product and/or service (including, without limitation, the product and/or service being offered) to anyone and for any reason, whatsoever as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to any product and/or service, Member Services and/or other Company sponsored products and/or services includes, without limitation: (a) full name; (b) e-mail address; (c) telephone number; (d) home address; (e) credit card number and associated information; and (f) any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Company will verify and approve all registrants in accordance with our standard verification procedures. Once you have submitted your Registration Data on the Site, we will review the submission and send a confirmation e-mail to you if we approve your application. The confirmation e-mail may contain the following information: (i) your User Name; and (ii) your Password. In addition, after registering, Company may, in its discretion, provide you with a confirmation page that contains your User Name, Password and a link to the Member Services Site homepage. You can access your specific Member Services Account at the Member Services Site homepage using your User Name and Password. You are responsible for maintaining the confidentiality of your Member Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Services Account, User Name and Password, including any and all purchases made through the use of same.
Company may reject your application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (A) where Company believes that you are in any way in breach of the Agreement; and (B) where Company believes that you are, at any time, conducting any unauthorized commercial activity by and through the Member Services.
5. Membership Fees. Upon registering, providing the requisite Registration Data and ordering a product and/or service (“Product”) from Company, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged. This amount may be a non-refundable shipping and handling fee charge or other amount (“Fees”). Please note that where the initial delivery of the Product is returned due to an invalid or incorrect mailing address provided by you during registration, any re-shipment of the Product will incur an additional non-refundable shipping and handling fee at the same amount as initially charged. We will use commercially reasonable efforts to ship the Product within seven (7) days to the shipping address that you provided during registration. Your Active Credit Card will be charged the applicable amount for all Fees, including the shipping and handling charges, for the Product, upon registration and/or renewal. All charges are payable in United States currency, and such Fees will appear on your Active Credit Card bill as “Vanilla Ice Real Estate”. You acknowledge and agree that Company will not obtain additional authorization from you for each month of Membership.
Some offers Company may make on Site may include a monthly membership service. In the event such offer includes a Membership, for so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site, Member Services Site and/or Member Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Company authorization to provide and bill its Member Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Member account may be deactivated, and access to the Site denied, for non-payment.
6. Cancellation. The following provision is only applicable in the event you have subscribed to a monthly membership service. You may cancel your Membership at any time by emailing us at email@example.com. In event the offer you purchase includes a trial membership period, if you decide to cancel your Membership prior to the expiration of such Trial Membership period, we will refund any and all Monthly Fees charged to your Active Credit Card; provided, however, that you will remain liable for any shipping and handling charges associated with the shipment of any products. Please have your Registration Data available for efficient processing of your cancellation order. The following conditions apply to any cancellation: (a) you shall not receive any pro-rata refund of your Monthly Fees for partial months; (b) you shall not receive any refund for the Fees; and (c) other than for cancellation during the Trial Membership period, you shall not receive any refund for amounts previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by Company. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Company. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 7 below shall immediately terminate.
7. License Grant. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Member Services Site, associated Site and Member Services Site content and, where applicable, the Company, in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site and, where applicable, the Company and/or Member Services Site, on one computer for your own personal, non-commercial use. No part of the Site, the Company and/or Member Services Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Site, Company and/or Member Services Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content, Company, Member Services Site or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site, Company and/or Member Services Site is not transferable.
8. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Company, Member Services, Member Services Site and the Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Company, Member Services, Member Services Site and/or Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site and/or Member Services Site. The posting of information or material at the Site and/or Member Services Site does not constitute a waiver of any right in such information and/or materials.
9. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
11. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Company, Member Services, Member Services Site and/or the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Company MAKES NO WARRANTY THAT: (A) THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL BE ACCURATE OR RELIABLE. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND MEMBER SERVICES SITE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE, MEMBER SERVICES SITE OR Company. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Company, THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN, OR ANY OTHER Company PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR MEMBER SERVICES SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR MEMBER SERVICES SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER RELATING TO THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company, AS WELL AS ANY ADVICE CONTAINED THEREIN; AND (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES MADE AVAILABLE ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Company, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Company TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE Company MEMBER SERVICES, MEMBER SERVICES SITE AND/OR Company. YOU HEREBY RELEASE Company FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Company. THE SITE, MEMBER SERVICES, MEMBER SERVICES SITE AND Company WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
14. Third Party Websites. The Site and/or Member Services Site may provide, third parties may provide and/or Company may refer you to, links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
15. Legal Warning. Any attempt by any individual, whether or not an Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Member Services Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the state of Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Miami, Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
17. Miscellaneous. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent that anything in or associated with the Site, Vanilla Ice Real Estate, Member Services Site and/or Member Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
18. Customer Service. If you have any questions, please email support@VanillaIceRealEstate.com
You may also send a letter to:
Vanilla Ice Real Estate
6538 Collins Ave, Ste 61
Miami Beach, FL 33141