1. Applicability of this Agreement. This Agreement is intended to apply to you, Euro-Am Realty, its affiliates and all Internet websites owned and operated by Euro-Am Realty and its affiliates, including, but not limited to www.euroamrealty.com.
2. Your Right to Access and Use www.euroamrealty.com. Your right to access and use www.euroamrealty.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.euroamrealty.com for lawful purposes and pursuant to the terms and conditions of this Agreement. Your access and use of www.euroamrealty.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Euro-Am Realty equipment, periodic updating, maintenance or repair activities that Euro-Am Realty may undertake from time to time, or other actions that Euro-Am Realty, in its sole discretion, may elect to take. Euro-Am Realty reserves the right to suspend or discontinue the availability of www.euroamrealty.com for access and use at any time in its sole discretion and without prior notice to you.
3. Your Registration with www.euroamrealty.com. Certain features of www.euroamrealty.com are accessible only to registered users. The right to register with www.euroamrealty.com and to be issued an email address, username or password by Euro-Am Realty is available only to those individuals who provide to Euro-Am Realty the requested accurate, complete and current personal information. You must inform Euro-Am Realty of any changes to or updates of any personal information that you provide to Euro-Am Realty. You can submit changes or updates to Euro-Am Realty at email@example.com. Euro-Am Realty reserves the right to deny or revoke issuance of any email address, username or password at any time and without prior notice.
7. Euro-Am Realty’s Intellectual Property Rights. The names "Euro-Am Realty" and "euroamrealty.com" and the Euro-Am Realty and euroamrealty.com logos and graphics are trademarks of Euro-Am Realty, and may not be used by you without the prior express written permission of Euro-Am Realty, which permission may be withheld in Euro-Am Realty’s sole discretion.The data and content viewable on, contained in, or downloadable from, www.euroamrealty.com, (collectively, the "Content"), is copyrighted by Euro-Am Realty. Euro-Am Realty also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights to the Content.You shall be solely responsible for any damage resulting from your infringement of Euro-Am Realty’s intellectual property rights regarding the "Euro-Am Realty" and "euroamrealty.com" names, the Euro-Am Realty and euroamrealty.com logos and graphics, and/or the Content, and/or any other harm incurred by Euro-Am Realty as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
8. Your Use of the Content. Without the prior written consent of Euro-Am Realty, you may only print, download or otherwise use the Content in the form of: one machine-readable copy; one backup copy; and one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Euro-Am Realty, which permission may be withheld in Euro-Am Realty’s sole discretion.In addition, the Content may not be used to solicit or contact sellers or buyers without the prior written consent of Euro-Am Realty.
9. Euro-Am Realty Makes No Representations or Warranties Regarding Content. The Content is being provided to you on an "as-is" basis. Euro-Am Realty does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on www.euroamrealty.com.Euro-Am Realty makes no representation, warranty or guarantee that the Content that may be available for downloading from www.euroamrealty.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10. Your Responsibility for Equipment and Related Costs. You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.euroamrealty.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.euroamrealty.com.
11. Limitations on Euro-Am Realty’s Liability. Euro-Am Realty shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: your breach or violation of the terms and conditions of this Agreement; your access and use of www.euroamrealty.com; your inability to access or use www.euroamrealty.com, for any reason; your downloading of any of the Content for your use; or your reliance upon or use of the Content.
12. Your Indemnification of Euro-Am Realty. You shall defend, indemnify and hold harmless Euro-Am Realty and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: any breach or violation of this Agreement by you; your failure to provide accurate, complete and current personal information requested pursuant to registration; your access or use of www.euroamrealty.com; and/or access or use of www.euroamrealty.com, under any email address, username or password that may be issued to you.
13. Third Party Rights Under this Agreement. This Agreement is for the benefit of Euro-Am Realty and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on behalf of Euro-Am Realty.
14. Amendments of this Agreement. Euro-Am Realty reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on www.euroamrealty.com.You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of www.euroamrealty.com, following the posting of any such changes shall automatically be deemed your acceptance of the same.
15. Euro-Am Realty Remedies. You acknowledge that Euro-Am Realty may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Euro-Am Realty shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of St Johns County, Florida, or the United States District Court. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
16. Termination of this Agreement. You may terminate or opt out of this Agreement at any time by contacting Euro-Am Realty at firstname.lastname@example.org. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use www.euroamrealty.com. Euro-Am Realty may terminate this Agreement or any email addresses, usernames or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you.
17. Governing Law, Jurisdiction and Venue. This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in St Johns County, Florida. You and Euro-Am Realty shall select the arbitrator, and if you and Euro-Am Realty are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Euro-Am Realty and you and Euro-Am Realty’s respective administrators, executors. If any arbitrator or court of competent jurisdiction deems any portion of this Agreement unlawful, void or unenforceable, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Euro-Am Realty from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Euro-Am Realty regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same.