Introduction
Welcome to the PREMASS website. By using the services on the Premass website, you are agreeing to the following terms, including those available by hyperlink. If you have any questions, please refer to the FAQ section on the Site.
Before you may become a member of Premass and use our site you should carefully read and accept all of the terms and conditions in this Terms and Conditions (“the Terms of Use”). By using our site you must indicate your agreement by clicking the Accept button, putting a check in the Accept box, you agree to be bound by the Terms of Use and Privacy Policy. This is a legally binding agreement. If you do not agree with the Terms of Use and Privacy Policy, you should not use our site. This Agreement is effective on July 1, 2008 for current users and upon acceptance for new users.
1. You agree to use our site in a manner consistent with any and all applicable rules and regulations.
2. You accept that our site is provided on an “as is, as available” basis.
3. All Articles and Materials displayed by us on our site are for information only and are no substitute for specific advice.
4. Your access to and use of our site may be terminated at any time for any reason or for no reason by you or by us by the sending of notice to the other party.
5. We may for marketing purposes, collect, process, and transmit data obtained from and about you in the course of your accessing our site.
6. You may not modify, copy, distribute, republish or upload any of the material on our site without our prior consent in writing. No intellectual property or other rights shall be transferred to you. You may not remove or amend any trademark, copyright or other proprietary notice.
7. If you are under investigation or your license is suspended or revoked, you agree that your information will be removed from our site. This will remain in effect until your license is reinstated and/or evidence is received that the investigation is completed.
POSTING ON OUR SITE
While using the Site, you will not:
• post content or items in an inappropriate category or areas on the Site;
• violate any laws, third party rights or policies;
• use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Premass;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or opinions systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Premass);
• transfer your Premass account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Premass, or the interests of Premass users;
• copy, modify, or distribute content from the Site and Premass's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses and telephone numbers without their consent.
Abusing Premass
Premass and the Community will work together to keep the Site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services for the Homebuyer
Joining and use of the Premass website for the homebuyer is free. Periodic Training may be offered online and the appropriate nominal fee will be published prior to the training becoming available. All fees collected are non-refundable and non-transferable.
Fees and Services for Members
Joining Premass as a Member Professional, we do charge fees for using our website for marketing your services. You have an opportunity to review and accept the annual fees that you will be charged based on our Fee structure, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days notice by posting the changes on the website. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes retaining collection agencies and legal counsel.) Any account that is deemed in collection will be placed on suspension and no information or marketing of the member will be available for view on the website. All fees collected are non-refundable and non-tranferrable.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability
You will not hold Premass responsible for other users’ actions or inactions, including things they post. You acknowledge that we are not involved in the actual transaction between buyers and sellers and members and homebuyers. We have no control over and do not guarantee the quality, safety or legality of services, the truth or accuracy of postings, the ability of sellers to sell and buyers to buy or the seller will actually complete a transaction. So homebuyers are required to do their Due Diligence on any member or non-member.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
To the fullest extent permitted by applicable laws, we on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever the nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the sue of this Our Site or any Web site with which it might be linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Premass by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Premass and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on the Premass website or to the email address you provide to Premass during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Premass, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Premass agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with a reasonable request in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Note: Premass does not offer general phone support. E-mail support allows us to serve you better than phone support would because we can respond to your questions quickly while ensuring that our answers are reliable and consistent. For instance, we save a record of all of our communications with you. That allows us to avoid duplicate responses and we keep track of the questions that you ask. We keep your correspondence on file as a way of documenting important information that you might need to refer to later on.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Premass must be resolved by a court located in Broward County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Premass must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Premass may recover attorneys' fees and costs up to $1000, provided that Premass has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Database Content Policy
Premass provides members a wide variety of forums, such as, but not limited to, Reviews, Guides, Blog Entries, Articles, Webinars, and Member-Created Descriptions, to enable our members to provide factual information, personal opinions about topics, and guidance on a variety of topics; and to publish other personal commentary and content on our site. The Professionals agree to have opinions added to their profile from their client Homebuyers, while the Homebuyer agrees to have a response given in return from the Professionals.
Database content published by Premass Database members is solely the opinion and responsibility of the person posting the content. All content posted to one of these forums must comply with all aspects of the Premass User Agreement and this policy.
See the section below for examples of content that is not permitted. These examples are designed to provide guidance when self-publishing content on our site and should not be viewed as an exhaustive list.
Violations of Premass policies, including this policy, may result in a range of actions, including:
• Content removal
• Listing cancellation
• Forfeit of Premass fees on cancelled listing
• Limits on account privileges
• Account suspension.
The following are examples of content or actions not permitted in any areas (Reviews, Guides, Blog Entries, Articles, and Member-Created Descriptions):
• Promoting or advertising to buy, sell, or trade any product or service listed other than their professional expertise.
• Using another Premass member's pictures or text without the other member's express permission.
• Using intellectual property without the property owners express permission, where applicable. Premass strongly encourages members writing and publishing content to familiarize themselves with how Premass helps protect intellectual property.
• Encouraging, promoting, facilitating, or instructing others to engage in illegal activity or to violate Premass policy.
• Enabling, encouraging, or instructing others to infringe copyrights, trademarks, or other intellectual property rights.
• Promoting giveaways, lotteries, random drawings, raffles, or prizes of any kind.
• Using keywords, random links, inaccurate titles, text, or other content not directly relevant to the subject of the Database content for the purpose of gaining attention or diverting members to that content.
• Publishing content or images that is adult in nature or otherwise not appropriate for minors (individuals under 18 years of age).
• Linking to items, services, or content prohibited on Premass Site that offer items, services, or content prohibited on Premass.
• Misrepresenting yourself as a Premass employee or as another Premass member.
• Publishing content that promotes or glorifies hatred, violence, racial, or religious intolerance, or content that promotes organizations with such views.
• Using profanity or patently vulgar language on the site
• Publishing personal contact information of any person in any public area of Premass, including emails, phone numbers, name, street address, etc.
• Misusing the violation reporting function to maliciously or frivolously report content as not in compliance with Premass policy.
• Artificially increasing or decreasing any Member Content opinions using the voting features.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use throughout the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
General
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through an e-mail from Premass. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.