Your use of this web site constitutes your agreement to be bound by these terms and conditions of use. SearchPuerto RicoRealEstate.com (“We”).
l. Service Overview. The Service is an online platform that enables “Users” to view and submit real estate properties (Advertise Listings). You may view properties without registering for an account, but you must “register” in order to submit (post) properties to the Service (Advertise Listings).
Users just viewing properties, please read Xlll. Disclaimers; No Warranties and XlV. Limitation of Liability.
Registration and submitting of properties is subject to, and requires acceptance of, the following Terms and Conditions:
ll. Submitting Properties. Only Real Estate Professionasl (Agents) currently licensed by the Board of Brokers, Agents and Real Estate Companies-Department of State-Puerto Rico Government , Owners, Builders and Developers are authorized to submit real estate properties (Advertise Listings).
a. Agents. Real Estate properties (regardless of the type) may only be advertised by the Agent (the “Agent”) who is the contracted, exclusive listing Agent for such listing. Agents are not permitted to advertise “open listings” or “ok to advertise” listings on the Service. By Listing a Property in SearchPuertoRicoRealEstate.com as an “Agent” you attest you currently hold an active license issues by the Board of Brokers, Agents and Real Estate Companies, Department of State, Puerto Rico Government and you are the contracted, exclusive listing Agent for such listing.
b. For Sale by Owner (FSBO) and For Rent by Owner (FRBO). Only the property owner may advertise a listing as a FSBO or FRBO. By Listing a Property in SearchPuertoRicoRealEstate.com as an “FSBO” or “FRBO” you certify you are the Owner for such listing.
c. For Sale by Builder or Developer and New Construction. Only the “duly authorized representative” of the builder or developer, or builder or developer may advertise a listing as a By Builder or By Developer. If “We” are unable to verify that you are a duly authorized representative of property builder or developer, “We” may remove the listing(s). By Listing a Property in SearchPuertoRicoRealEstate.com as an “By Builder” or “By Developer” or “New Construction” you certify you are duly authorized to advertise such listing.
d. Mobile and Manufactured Homes. All mobile and manufactured homes must include a deeded lot in order to be advertised on the Services. You may not advertise homes that require a land rental fee.
e. Businesses. All Advertised Business For Sale must include real estate. Businesses without real estate will not be permitted to advertise in SearchPuertoRicoRealEstate.com.
lll. Eligibility and Registration. You must be at least 18 years of age to use this Service. By agreeing to these Terms and Conditions, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. To access certain features of the Service, including the ability to create Listings, you must register for an account. When you register for an account, you will be required to provide us with your name, email address, telephone number or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register for an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us by email to the email in Contact Us.
lV. Modification of these Terms and Conditions. We reserve the right, at our discretion, to change these Terms and Conditions on a going-forward basis at any time, in which case we will publish the revised Terms and Conditions through the Service. Please check these Terms and Conditions periodically for changes. The revised Terms and Conditions shall become effective on the earlier of (a) your acceptance of the revised Terms and Conditions, (b) your use of the Service with knowledge of the revisions or (c) 30 days following the date on which we publish the revisions. Disputes arising under these Terms and Conditions will be resolved in accordance with the version of these Terms and Conditions that was in effect at the time the dispute arose.
V. Payment. Users may view Listings on the Service at no cost however Users who want to post Listings are required to purchase a Listing as offered in Memberships.
Vl. User Content
- User Content Generally. The Listing Service of the site may permit Registered users to upload and publish content to the Service, such as photos, video, images, data, text, messages to other users and other types of works (“User Content”), including as part of a Listing. You retain all copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
- Limited License Grant. By posting or publishing User Content, you grant SearchPuertoRicoRealEstate.com a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify (including as part of formatting or reformatting for display and syndication), and distribute (directly and indirectly through syndication channels) your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Vll. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize SearchPuertoRicoRealEstate.com to exercise the licenses granted by you in this section, in the manner contemplated by SearchPuertoRicoRealEstate.com, the Service, and these Marketplace Terms; and
- Your User Content, and the use of your User Content as contemplated by these Marketplace Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Search Puerto Rico Real Estate.com or any of its users, customers, or syndication partners to violate any law or regulation.
Vlll. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. SearchPuertoRicoRealEstate.com may, however, at any time and without prior notice, screen, remove, edit, or block any User Content, including any Listing, for any reason or no reason. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content, including the content of any Listing, may be inaccurate. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against SearchPuertoRicoRealEstate.com with respect to User Content. We expressly disclaim any and all liability in connection with User Content, including any Listings. If notified by a user or content owner that User Content allegedly does not conform to these Marketplace Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. The Service may include translated versions of the Listings or other User Content. Such translations are provided for reference purposes only, and SearchPuertoRicoRealEstate.com expressly disclaims any and all liability in connection with the accuracy of such translations.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- Perform any fraudulent activity including impersonating any person or entity, claim a false affiliation, access any other Service account without permission, or falsify your age or date of birth;
- Copy, distribute, relist, frame or embed any content available through the Service, including other users’ User Content and Listings, on any third-party website or service without obtaining advance written authorization from SearchPuertoRicoRealEstate.com;
- Use any web crawler, scraper or other automated tool or process to access, monitor, analyze or copy any part of the Service or any content available through the Service, including User Content and Listings
- Sell or otherwise transfer the access granted under these Marketplace Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Materials; or
- Attempt to do any of the acts described in this Section 8, or assist or permit any person to engage in any of the acts described in this Section 8.
lX. Third-Party Services, Websites and Communications. Listings may contain links and references to third-party websites or services. Such websites and services are not under our control, and we are not responsible for their content. We do not endorse or make any guarantees or warranties with respect to such websites or services. Additionally, by posting or sharing your contact information in connection with Listings, you acknowledge that other users or third parties may communicate with you. We take no responsibility for the content or accuracy of such communications, even if such communications are transmitted through the Service.
X. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Marketplace Terms, your permission from us to use the Service will terminate automatically. In addition, SearchPuertoRicoRealEstate.com may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
Xl. Ownership; Proprietary Rights. The Service is owned and operated by SearchPuertoRicoRealEstate.com The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by SearchPuertoRicoRealEstate.com (“Materials”) are protected by intellectual property and other laws. All Materials are the property of SearchPuertoRicoRealEstate.com or third-party licensors (including User Content and Listings, which are the property of the applicable users). Except as expressly authorized by SearchPuertoRicoRealEstate.com, you may not make use of the Materials. SearchPuertoRicoRealEstate.com reserves all rights to the Materials not granted expressly in these Marketplace Terms.
Xll. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify SearchPuertoRicoRealEstate.com and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the”SearchPuertoRicoRealEstate.com Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Marketplace Terms, any representation, warranty, or agreement referenced in these Marketplace Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Xlll. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SEARCHPUERTORICOREALESTATE.com ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SEARCHPUERTORICOREALESTATE.COM ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
ANY CONTENT, INCLUDING LISTINGS, TEXT, PHOTOS AND OTHER INFORMATION, AVAILABLE ON OR THROUGH THE SERVICE: (A) IS FOR INFORMATIONAL PURPOSES ONLY; (B) IS SUBJECT TO CHANGE AT ANY TIME; AND (C) HAS NOT BEEN VERIFIED BY SEARCHPUERTORICOREALESTATE.COM. YOU ARE SOLELY RESPONSIBLE FOR INVESTIGATING ALL MATTERS CONCERNING, AND DETERMINING THE ACCURACY OF, ANY LISTINGS OR OTHER CONTENT OR INFORMATION MADE AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE, AND MAKING ANY DECISIONS BASED ON ANY SUCH MATERIALS, INCLUDING DECISIONS RELATED TO ANY POTENTIAL INVESTMENT, PURCHASE, RENTAL, RELISTING, OR OTHER ENGAGEMENT WITH ANY INDIVIDUAL OR ENTITY WHO YOU MAY ENCOUNTER THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY LISTINGS OR OTHER MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SEARCHPUERTORICOREALESTATE.COM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE MARKETPLACE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY LISTINGS OR OTHER MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
XlV. Limitation of Liability
IN NO EVENT WILL THE SEARCHPUERTORICOREALESTATE.COM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR, OR ANY THIRD PARTY’S, ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SEARCHPUERTORICOREALESTATE.COM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE SEARCHPUERTORICOREALESTATE.COM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE MARKETPLACE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SEARCHPUERTORICOREALESTATE.COM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO THE APPLICABLE CLAIM; OR (B) $100.
No Class Actions. YOU AND SearchPuertoRicoRealEstate.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SearchPuertoRicoRealEstate.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
The Service is offered by SearchPuertoRicoRealEstate.com located at 303 Calle Fortaleza San Juan, Puerto Rico. Ste. 313