K2 Realty Terms and Conditions of Use Agreement
Agreement Between Customer and K2 Realty
Thank you for accessing the website located at K2PalmBeach.com (the “Website”). As used herein, “K2 Realty” refers to K2 Realty, Inc. This Website is provided solely to assist customers of K2 Realty in viewing information about K2 Realty and for viewing information about various properties (“Legitimate Business”) and for no other purposes. The terms “we”, “us”, and “our” refer to K2 Realty. The term “you” refers to the customer visiting this Website.
This Website is a service offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). Please read this Agreement carefully. K2 Realty may at any time, at its sole discretion, without notice to you, revise or otherwise modify this Agreement, and your continued access or use of this Website signifies your acceptance of the revised or modified Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that:
1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
3. you will use this Website in accordance with this Agreement;
4. you will only use this Website for Legitimate Business for you or for another person for whom you are legally authorized to act;
5. all information supplied by you on this Website is true, accurate, current and complete; and
6. if you have a K2 Realty account, you will protect your account information and will supervise and be completely financially responsible for any use of your account by any individual or entity other than you (including without limitation, minors living with you), and you will notify K2 Realty immediately if you become aware of loss, theft, or unauthorized use of your account.
K2 Realty retains the right at its sole discretion to deny any individual or entity access to this Website and the services provided hereunder at any time and for any reason, including, but not limited to, for violation of this Agreement.
Prohibitions on Misuse
The content and information on this Website (including, but not limited to, price and availability of product(s)), as well as the infrastructure used to provide such content and information, is proprietary to K2 Realty or our business partners or affiliates. While you may make limited copies of select pages of this Website for personal use, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website, as further described below. Additionally, you agree not to:
1. use this Website or its contents for any commercial purpose or gain;
2. access, monitor or copy any content or information located on this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5. deep-link to any portion of this Website for any purpose without our express written permission; or
6. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
As a condition of using this Website, you warrant to K2 Realty that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions and notices or by federal, state, local or international law. K2 Realty reserves the right to deny, in its sole discretion, any user access to this Website or any portion thereof without notice. Without limitation, lending professionals and institutions are prohibited from using information provided by K2 Realty through the Website in making any loan-related decisions.
K2 Realty believes in protecting your privacy. You consent to K2 Realty’s use of your personal information that you provide to K2 Realty in accordance with this Agreement and in connection with the services and products offered by K2 Realty.
Limitation on Liability
K2 REALTY GENERALLY: THE MATERIALS AND INFORMATION YOU FIND ON THIS WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT SHALL K2 REALTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) OR WITH THE SERVICES PROVIDED AS A RESULT OF A RESERVATION MADE ON THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF K2 REALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY RISK ARISING OUT OF USE OR PERFORMANCE OF THE INFORMATION, SERVICES, MATERIALS, SOFTWARE, OR OTHER ITEMS REMAINS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL K2 REALTY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR PERFORMANCE OF THE INFORMATION, SERVICES, SOFTWARE, OR OTHER ITEMS.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of K2 Realty.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance or non-performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that K2 Realty is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and K2 Realty reserves the right to remove such materials from the Website without liability.
Intellectual Property Rights
Copyrights. The materials in this Website are protected under United States Copyright Laws. These materials are for individual or organizational use as authorized by K2 Realty, exclusively. You may not modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information from this Website, without the prior written permission of K2 Realty, except that you may download one copy of the content on any single computer and print a copy of the content for your use in learning about, evaluating, or acquiring services or products from K2 Realty. No permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content. No permission is granted herein to you to use, or permit others to use the content, associated icons, site addresses, or other means to hyperlink other Internet sites with any pages in the K2 Realty Website, and K2 Realty assumes no responsibility for any other party’s site hyperlinked to the K2 Realty Website or in which any part of the K2 Realty Website has been hyperlinked. K2 Realty may make improvements and/or changes in the products and/or programs described herein without liability. In some cases, some materials contained in the Website may be subject to copyrights held by third-parties and additional permissions may be required.
Copyright Infringement. K2 Realty respects the copyrights of others. Any copyright owner or authorized agent who believes that any materials, information or text displayed on this website infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent, copyright@K2PalmBeach.com, with the following information in writing:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
iii. Identification of the material that is claimed to be 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;
iv. Information reasonably sufficient to permit us to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that only DMCA notices should go to K2 Realty’ Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to K2 Realty’ Webmaster at webmaster@K2PalmBeach.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Trademarks. The K2 Realty logo, any affiliated logos, the term “K2 Realty” as well as any affiliated terms and all logos and graphics using the K2 Realty name are the intellectual property of and/or trademarks/service marks owned by K2 Realty. K2 Realty may possess intellectual property rights in other logos, words, or phrases not listed here. In some cases, some materials contained in the Website are subject to trademarks held by third-parties. Except where otherwise indicated, all materials on this Website including but not limited to graphics, text, software, audio, video, and files, are the property of K2 Realty and are protected by copyright or other intellectual property laws.
K2 Realty reserves all rights to its intellectual property. You may print out a single copy of pages on this Website for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. You are not authorized to use any portion of this Website or any other K2 Realty intellectual property on any other website, in the meta-tags of any other website or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this website’s content or frame this Website within any other website.
Links to Other Sites
The K2 Realty Website may contain links to, and frames of, third party websites which are not maintained by K2 Realty. While K2 Realty will attempt to include only links to or frames of those sites which are in good taste and safe for our visitors, K2 Realty shall not be responsible for the content of those sites and shall not guarantee that sites will not change without our knowledge. Inclusion of such links and frames in the K2 Realty Website does not imply K2 Realty’ endorsement of the linked or framed sites or their content. Your correspondence or any other dealings with advertisers found on the Website are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on the Website. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on the Website.
Contacting K2 Realty
K2 Realty encourages you to share your comments and questions with us by mailing them to our corporate office. K2 Realty makes every effort to read mail sent to our offices and to respond to the sender within an appropriate time. K2 Realty will assume no responsibility, however, for reviewing unsolicited ideas for our business (for example product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future K2 Realty programs. Also, please remember that you are responsible for whatever material you submit, and that you, not K2 Realty, have full responsibility for the message, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to use become the exclusive property of K2 Realty. To contact us by mail, please address letters to: to K2 Realty, Inc., 11676 US Highway One, North Palm Beach, FL 33408.
If you violate any provision of this Agreement, your permission to use the Website shall automatically terminate, and you must immediately destroy any copies you have made of the Website or any portion thereof. You or K2 Realty may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason at all.
You agree to defend and hold K2 Realty, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of this Agreement, your use of the services or information provided by the Website, your violation of any law or the rights of a third party.
You release K2 Realty, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his 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.”
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Florida, USA, without regard to principals of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in Palm Beach County, Florida, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and K2 Realty as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and K2 Realty with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and K2 Realty with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Revised and Effective as of September 14, 2013
©2013 K2 Realty, Inc., All rights reserved.