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Terms and Conditions

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TERMS OF USE

Welcome to the Fowler Revell Real Estate Co. website. By continuing to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you, in relation to this website. If you disagree with any part of these terms of use, please do not use this website. This website is provided by:

Fowler Revell Real Estate Co.

84 Ochlockonee Street, Suite B

Crawfordville, FL 32327

Owner contact email: info@fowlerrevell.com

By using this website, users confirm to meet the following requirements: There are no restrictions for users in terms of being consumers or business users.

ACCOUNT REGISTRATION

To use the service, users may register or create a user account, providing all required data or information in a complete and truthful manner.  Users may also use the service without registering or creating a user account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength permitted by this website.

By registering, users agree to be fully responsible for all activities that occur under their username and password.  Users are required to immediately and unambiguously inform the site administrator via the contact details indicated in this document, if they think their personal information, including but not limited to user accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

ACCOUNT TERMINATION

Users can terminate their account and stop using the service at any time by directly contacting the site administrator at the contact details provided in this document.

ACCOUNT SUSPENSION AND DELETION

The site administrator reserves the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms.  The suspension or deletion of user accounts shall not entitle users to any claims for compensation, damages or reimbursement.  The suspension or deletion of accounts due to causes attributable to the user does not exempt the user from paying any applicable fees or prices.

CONTENT ON THIS WEBSITE

Unless where otherwise specified or clearly recognizable, all content available on this website is owned or provided by the Owner or its licensors.  The owner undertakes its utmost effort to ensure that the content provided on this website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.  In such cases, without prejudice to any legal prerogatives of users to enforce their rights, users are asked to report related complaints using the contact details provided in this document.

Rights regarding content on this website; all rights reserved

The contents of this website is the property of ©2020 Fowler Revell Real Estate Company, LLC. Who holds and reserves all intellectual property rights for any such content.  Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the service.  In particular, but without limitation; users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this website, nor allow any third party to do so through the user or their device, even without the user’s knowledge.

Where explicitly stated on this website, the user may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the owner are correctly implemented.  Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by users

The Owner allows users to upload, share or provide their own content to this website.  By providing content to this website, users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by users

Users acknowledge and accept that by providing their own content on this website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this website as contractually required.  To the extent permitted by applicable law, users waive any moral rights in connection with content they provide to this website.  Users acknowledge, accept and confirm that all content they provide through this website is provided subject to the same general conditions set forth for content on this website.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this website. Users acknowledge and accept that the owner does not filter or moderate such content.  However, the owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading user access to this website:

If any complaint based on such content is received; if a notice of infringement of intellectual property rights is received; upon order of a public authority; or where the owner is made aware that the content, while being accessible via this website, may represent a risk for users, third parties and/or the availability of the service.

The removal, deletion, blocking or rectification of content shall not entitle users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.  Users agree to hold the owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this website.

ACCESS TO EXTERNAL RESOURCES

Through this website, users may have access to external resources provided by third parties. Users acknowledge and accept that the owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

ACCEPTABLE USE

This website and the service may only be used within the scope of what they are provided for, under these terms and applicable law.  Users are solely responsible for making sure that their use of this website and/or the service violates no applicable law, regulations or third-party rights.  Therefore, the owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying users access to this website or the service, terminating contracts, reporting any misconduct performed through this website or the service to the competent authorities; such as judicial or administrative authorities, whenever users engage or are suspected to engage in any of the following activities:

Violate laws, regulations and/or these terms; infringe any third-party rights; considerably impair the owner’s legitimate interests; offend the owner or any third party.

SOFTWARE LICENSE

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this website are held by the owner and/or its licensors.  Subject to users’ compliance with and notwithstanding any divergent provision of these terms, the owner merely grants users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the service within the scope and for the purposes of this website and the service offered.  This license does not grant users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the owner’s or its licensors’ sole property.  All rights and license grants to users shall immediately terminate upon any termination or expiration of the agreement.

LIABILITY AND INDEMNIFICATION

US users

Disclaimer of warranties

This website is provided strictly on an “as is” and “as available” basis. Use of the service is at users’ own risk. To the maximum extent permitted by applicable law, the owner expressly disclaims all conditions, representations, and warranties; whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the service will create any warranty not expressly stated herein.

Without limiting the foregoing, the owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the service will meet users’ requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at users own risk and users shall be solely responsible for any damage to users’ computer system or mobile device or loss of data that results from such download or users’ use of the service.

The owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and the owner shall not be a party to or in any way monitor any transaction between users and third-party providers of products or services. The service may become inaccessible or it may not function properly with users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from service content, operation, or use of this service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to users. This agreement gives Users specific legal rights, and users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or user account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from user access to or use of the service; any unauthorized access to or use of the owner’s secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or the defamatory, offensive, or illegal conduct of any user or third party. In no event shall the owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by user to the owner hereunder in the preceding 12 months, or the period of duration of this agreement between the owner and user, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to user. The terms give user specific legal rights, and user may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website uses cookies to monitor browsing preferences. Please see our Privacy Policy for more information about the use of cookies. Some parts of our website include registration forms that require users to give us contact information (like your name), unique identifiers (such as your email address and/or telephone number), and other demographic information (like your zip code) in order for you to access all of the information we offer. Registration is optional; it is not required to use our website, but it is required before we may allow you to access certain real estate information provided by local multiple listing services (MLS) in the United States.

When you complete one of these registration forms, we may share your contact information with members of our real estate brokerage so that, when possible, you can access additional information about properties for sale or lease, as well as other benefits. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this consumer application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this consumer website is entirely at your own risk, and we accept no liability for your use of this information. It is your own responsibility to ensure that any products, services or information available through this consumer website meet your specific requirements.

This website contains material that is owned by or licensed to us. This “material” includes, but is not limited to, the design, layout, look, appearance, content and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use. Any trademarks or service marks reproduced in this website which are not the property of, or licensed to Fowler Revell Real Estate Co., are the property of their respective owners. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time this website may also include links to other consumer applications or posts from other users. These links and posts are provided for your convenience to provide further information. They do not signify that we endorse the consumer application(s) or the post. We have no responsibility for the content of the linked consumer application(s) or posts of other users except as expressly stated herein. We reserve the right to add, modify, remove all material of the consumer application in its sole and absolute discretion including, without limitation, links and posts.

Indemnification

The user agrees to defend, indemnify and hold the owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from user’s use of and access to the service, including any data or content transmitted or received by user; user’s violation of these terms, including, but not limited to, user’s breach of any of the representations and warranties set forth in these terms; user’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; user’s violation of any statutory law, rule, or regulation; any content that is submitted from user’s account, including third party access with user’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; user’s willful misconduct; or statutory provision by user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

No waiver

The owner’s failure to assert any right or provision under these terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

SERVICE INTERRUPTION

To ensure the best possible service level, the owner reserves the right to interrupt the service for maintenance, system updates or any other changes, informing the users appropriately.  Within the limits of law, the owner may also decide to suspend or terminate the service altogether. If the service is terminated, the owner will cooperate with users to enable them to withdraw personal data or information in accordance with applicable law.  Additionally, the service might not be available due to reasons outside the owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc.)

SERVICE RESELLING

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this website and of its service without the owner’s express prior written permission, granted either directly or through a legitimate reselling program.

PRIVACY POLICY

To learn more about the use of their personal data, users may refer to the privacy policy of this website.

INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this website are the exclusive property of the owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks; nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this website are, and remain, the exclusive property of the owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

CHANGES TO THESE TERMS

The owner reserves the right to amend or otherwise modify these terms at any time. In such cases, the owner will update this page with the modification date.  Such changes will only affect the relationship with the user for the future.

The continued use of the service will signify the user’s acceptance of the revised terms. If users do not wish to be bound by the changes, they must stop using the service. Failure to accept the revised terms, may entitle either party to terminate the agreement.  The applicable previous version will govern the relationship prior to the user’s acceptance. The user can obtain any previous version from the owner.  The modification date at the bottom of this page is the date that the modified terms will enter into force.

ASSIGNMENT OF CONTRACT

The owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, taking the user’s legitimate interests into account. Provisions regarding changes of these terms will apply accordingly.  Users may not assign or transfer their rights or obligations under these terms in any way, without the written permission of the owner.

CONTACTS

All communications relating to the use of this website must be sent using the contact information stated in this document.

SEVERABILITY

Should any provision of these terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US USERS

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These terms constitute the entire agreement between users and the owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These terms will be enforced to the fullest extent permitted by law.

EU USERS

Should any provision of these terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these terms shall not nullify the entire agreement, unless the severed provisions are essential to the agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

GOVERNING LAW

These terms are governed by the law of the place where the owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the user qualifies as a European consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

SMS MESSAGING

If users have supplied their mobile number to us and requested to receive SMS/test messages from us, the following terms and conditions apply:

Once users have supplied their mobile number, they will receive a text prompting them to confirm their enrollment to mobile messaging from Fowler Revell Real Estate Co.  By confirming their enrollment, the user consents to receive recurring marketing SMS Text Messages from Fowler Revell Real Estate Co.  The frequency of these messages will vary. Users are not required to agree to receive text messages in order to make any purchase.

By opting in to receive SMS messages from Fowler Revell Real Estate Co., user warrants that the mobile number they use to opt in belongs to them. Upon submission of users opt in request, user will receive a text message confirming their subscription.  This service is optional. User’s consent is not a condition to the use of our services. User can opt out of receiving SMS messages at any time by texting STOP to any text sent by our service. User will receive a final confirmation message stating that user has been unsubscribed.  Please note that user opt out is limited to the phone number used and will not affect other phone numbers which have opted in or subsequent subscriptions. 

Message and data rates may apply.  All charges are billed by and payable to users wireless service provider. Fowler Revell Real Estate Co. is not liable for delayed or undelivered messages. Fowler Revell Real Estate Co.  respects users right to privacy. We will treat data collected through text messages in accordance with our Privacy Policy.

If users have opted out of receiving SMS messages from Fowler Revell Real Estate Co. in the past and user has changed their mind, sign up as user did the first time to begin receiving SMS messages again.

PROPERTY VALUATION TOOLS

Fowler Revell Real Estate Co. provides tools provided by third parties that will allow users to obtain an estimate of the current fair market value of many residential properties in the United States. Use of the tools is subject to the following restrictions; if user does not agree to these restrictions, user must not use the valuation tools.

User may only use the valuation tools for their own individual asset valuation or management.  User may not use the valuation tools or any information obtained from the use of the valuation tools for reproduction, sale, distribution, publication, advertising or marketing, or any other use in relation to any product or service to be provided to any third party, or for any other commercial exploitation or purpose. User will not acquire any proprietary rights, including intellectual property rights, in or to the reports or other information generated by the valuation tools.  Users are prohibited from scraping, downloading or otherwise decompiling any data or information from the valuation tools or from our website.

By their use of the valuation tools, user acknowledges that the tools and the information derived from use of the valuation tools are valuable commercial products, the development of which has involved the expenditure of substantial time and money. User agrees to grant Fowler Revell Real Estate Co. and the third party providers of the valuation tools an irrevocable, perpetual, royalty-free worldwide license to use the information user submits in order to use the valuation tools in order to prepare derivative works and/or to be incorporated into other works.

User acknowledges that the valuation tools provide estimates of the value of real property and other information related to value based upon the application of valuation models to available data, but do not constitute appraisals or broker price opinions of subject properties, and may not be relied upon as such. The data relied upon by the valuation tools is sourced from public records, or statistical calculations and that the model results and other information are provided on an as is, as available, basis with all faults and defects. No warranty, express or implied, including without limitation, those of merchantability and fitness for a particular purpose with respect to the information obtained from such sources has been made, nor is Fowler Revell Real Estate Co. nor any third party provider responsible for errors, omissions, miscalculations, or misrepresentations of value with respect to the valuation tools.

Any use by user of the valuation tools or any information obtained or derived from the valuation tools is at their own risk. In no event is Fowler Revell Real Estate Co. or its licensors liable to you or any third party for any losses, costs or damages arising from or relating to the misuse of, or any errors, omissions, or miscalculations of value contained in, or obtained from, the valuation tools.

DISCLAIMER

The information contained in this website is for general information purposes only. While we endeavor to keep the information up to date and correct, much of it is obtained from third parties and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to our website or the information, products, services, or related graphics contained on our website for any purpose. Any reliance user places on such information is strictly at users own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit, arising out of, or in connection with, the use of this consumer website.  Through this website user is able to link to other consumer applications which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation or an endorsement of the views expressed within them.  Every effort is made to keep our consumer website up and running smoothly. However, we take no responsibility for, and will not be liable for, our website being temporarily unavailable due to technical issues beyond our control.

DMCA NOTICE

In accordance with Digital Millennium Copyright Act (DMCA) provisions that are applicable to Internet Service Providers (17 U.S.C. § 512), Fowler Revell Real Estate Company, LLC takes the ownership of content very seriously, and has strict policy to protect ownership of content displayed on this site, or any subdomain, subdirectory, mega tag or the like. If you believe that your work and/or intellectual property has been posted on this site in a manner that infringes upon users copyright, please provide the following written information to our contact information listed above:

An electronic or physical signature of the person authorized to act on the behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A direct link to, or a full description of location of the infringing material upon this site, or a hosted subdomain; Your address, telephone number, and email address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please ensure that you are the lawful copyright owner or have right to the copyright under the requirements of the DMCA prior to sending notice to us. To contact Fowler Revell Real Estate Co. regarding any copyright matters, please email us.

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