TERMS OF USE

Terms of Use

Beacon Real Estate Group  ·  Last updated July 16, 2021

 

Acceptance of These Terms

This website, bcnreg.com (the “Website”), is made available to you by Beacon Real Estate Group (“Beacon,” “we,” “us,” or “our”). Please read these Terms of Use (the “Terms”) carefully before accessing, viewing, or using the Website. By accessing, viewing, or using the Website, you agree to be bound by these Terms. If you do not agree, you do not have the right to access or use the Website.

We may modify these Terms from time to time in our sole discretion. You are responsible for complying with the most current version posted on the Website. Your continued use of the Website following any modification signifies your acceptance of the revised Terms.

These Terms do not alter the terms of any separate agreement you may have with Beacon or its affiliates. Except as expressly set forth in a signed agreement between you and Beacon, these Terms constitute the entire agreement between you and Beacon regarding the Website and supersede all prior negotiations or agreements about the Website.

Acceptable Use

You agree to use the Website only for lawful purposes and to comply at all times with all applicable laws, rules, and regulations. Any use of the Website that is illegal is a direct violation of these Terms, including, without limitation, threats of harm, invasion of privacy, fraud, defamation, and other unlawful activities.

Where portions of the Website require a user ID and password, you agree to use only your assigned credentials and not to impersonate any other person or entity. Creating multiple accounts to circumvent access controls is prohibited. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account until you notify us that your credentials have been compromised.

Intellectual Property

All materials on the Website—including text, documentation, content, data, graphics, images, video and audio clips, interfaces, and other works of authorship (the “Materials”)—are owned by Beacon or provided by third-party licensors (“Third-Party Content”) and are protected by copyright, trademark, and other intellectual-property laws. All rights not expressly granted are reserved.

The Website contains trademarks, service marks, and trade names owned by Beacon and its affiliates. You are authorized to view, download, cache, and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, provided that any copy retains all copyright and other notices appearing on the original. Beacon may revoke this authorization at any time.

Except with the prior written consent of Beacon (or of the applicable third-party owner for Third-Party Content), you may not distribute, modify, reproduce, publicly display, sell, license, or otherwise exploit the Website or any of its content, or access the Materials through any means other than those provided on the Website itself.

Links to This Website

You are granted a limited, non-exclusive right to create a text hyperlink to the Website, provided the link does not portray Beacon or its products or services in a false, misleading, or defamatory manner. This right may be revoked at any time. You may not frame the Website or use meta-tags or other hidden text using Beacon’s name or trademarks without our prior written consent.

Links to Third-Party Websites

The Website may link to other websites that are not affiliated with or controlled by Beacon. If you use these links, you may leave the Website. Beacon has not reviewed and does not control these third-party sites and is not responsible for their content, and does not endorse any opinion, product, or service found there. You access third-party sites entirely at your own risk.

Non-Interference

You shall not circumvent, disable, or otherwise interfere with any security-related features of the Website, or any features that prevent or restrict the use or copying of any Materials or Third-Party Content, or that enforce limitations on the use of the Website.

Property Listings

Where Beacon manages or markets a property, any listing information is provided for general informational purposes only and does not constitute an offer or solicitation. You must rely on your own investigation regarding any property. Projections, forecasts, and estimates are not guarantees of current or future performance, and details are subject to change without notice.

SMS / Text Messaging Terms

Beacon offers a one-to-one SMS (text message) service that allows members of our team to communicate directly with any individual who contacts us, provides us their mobile number, or with whom we communicate in the ordinary course of our business (including, for example, clients, residents, prospective residents, investors, vendors, and other contacts). These messages are conversational and person-to-person; the program is not used for mass marketing or automated/API messaging.

Consent: By providing your mobile phone number and agreeing to communicate by text (for example, by checking the SMS consent box on our contact form or by texting us first), you consent to receive text messages from our team at the number you provided. Consent to receive text messages is not a condition of any product, service, or transaction.

Message frequency and rates: Message frequency varies and depends on your conversation with our team. Message and data rates may apply, based on your mobile carrier and plan.

Opt out and help: You may opt out at any time by replying STOP to any message; we will send a one-time confirmation and will not send further texts unless you opt in again. Reply HELP, or contact info@bcnreg.com or +1 786-885-0309, for assistance. Carriers are not liable for delayed or undelivered messages.

Privacy: No mobile information (including your phone number and SMS opt-in) will be shared with or sold to third parties or affiliates for marketing purposes, and text-messaging opt-in data and consent are not shared with any third parties. Information you share by text is otherwise handled in accordance with our Privacy Policy.

Disclaimer of Warranties

Except as expressly set forth in a written agreement between you and Beacon, Beacon has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING THE MATERIALS AND THIRD-PARTY CONTENT, IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Beacon assumes no liability for any errors or inaccuracies in the content; personal injury or property damage arising from your use of the Website; unauthorized access to our servers; interruption of transmission; or any bugs, viruses, or the like transmitted through the Website by any third party. Some jurisdictions do not allow certain warranty limitations, so some of the above may not apply to you.

Limitation of Liability

IN NO EVENT SHALL BEACON BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON IT. IN NO EVENT WILL BEACON BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT BEACON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, BEACON’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to release, indemnify, defend, and hold harmless Beacon and its officers, directors, owners, employees, licensors, and agents (the “Released Parties”) from any and all claims, liabilities, damages, and expenses arising from (i) your use of and access to the Website; (ii) your violation of these Terms; (iii) your violation of any third-party right; and (iv) your provision of personal information to the Released Parties and their good-faith handling of that information in accordance with the Privacy Policy and these Terms.

Digital Millennium Copyright Act

Beacon does not permit copyright-infringing activity on the Website. If you believe content on the Website infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated copyright agent containing the information required by 17 U.S.C. § 512(c)(3): your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the allegedly infringing material and its location; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner’s behalf.

Notices should be sent to: Copyright Agent, Beacon Real Estate Group, 2020 Ponce de Leon Blvd, Suite 1005A, Coral Gables, FL 33134, or by email to info@bcnreg.com. If you believe your content was removed by mistake or misidentification, you may submit a counter-notice with the corresponding information required by the DMCA.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The exclusive jurisdiction and venue for any claim arising out of or relating to these Terms or your use of the Website shall be the state and federal courts located in Miami-Dade County, Florida, and you irrevocably consent to the jurisdiction of such courts.

General Provisions

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged by us in writing. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.