Terms and Conditions

Last Updated: December 1, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website MiamiFisherIsland.com (the “Service”) operated by MiamiFisherIsland.com (“we”, “we” or “our”) .

Your access to and use of the Service is conditioned on your acceptance and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the terms, then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are over 18 years of age and that the information you provide is accurate, complete and up-to-date at all times. Inaccurate, incomplete or outdated information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer and / or account. You agree to accept responsibility for each and every activity or action that occurs under your account and / or password, whether your password is from our Service or from a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are the owner of the copyright, or are authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please send your complaint by email to Carlina@TheislandRe.com, with the subject: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement, as detailed below, in “DMCA Notice and Procedure for Claims of Infringement of Copyright”.

You may be held liable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims about the infringement of any Content found on and / or through the Service about your copyright.

DMCA Notice and Procedure for Claims of Copyright Infringement

You may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 USC 512 (c) (3) for further details):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work Copyright;

Identifying the URL or other specific location on the Service where the material that you claim is infringing is located;

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 information above in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You can contact us by email at carolina@theislandre.com

Intellectual property

The Service and its original content, features and functionality are and will remain the exclusive property of theislandbrokers.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Carolina Rahe and MiamiFisherIsland.com

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Carolina Rahe and MiamiFisherIsland.com.

Carolina Rahe and MiamiFisherIsland.com does not control or assume any responsibility for the content, privacy policies, or practices of third party websites or services. We do not guarantee the offers of any of these entities / persons or their websites.

You acknowledge and agree that Carolina Rahe and/or MiamiFisherIsland.com will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, goods or services available on or through of such third party websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of the third-party websites or services that you visit.

Termination

We may terminate or suspend your account and prohibit access to the Service immediately, without notice or liability, in our sole discretion, for any reason and without limitation, including, but not limited to, breach of the Terms.

If you wish to cancel your account, you can simply stop using the Service.

All provisions of the Terms that by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Compensation

You agree to defend, indemnify and hold harmless The Island Your Real Estate Company and Carolina Rahe and MiamiFisherIsland.com and its licensors and licensors, and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities , costs or debts, and expenses (including, but not limited to, attorneys’ fees), resulting or arising from a) your use of and access to the Service, by you or anyone who uses your account and password, or b) a breach of these Terms.

Limitation of liability

In no event will The Island your Real Estate Company and/or Carolina Rahe and/or MiamiFisherIsland.com, nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of earnings, data, use, goodwill or other intangible losses, resulting from (i) your access or use or inability to access or use the Service; (ii) any conduct or content of a third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether by warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if it is determined that a remedy set forth in this document has not served its essential purpose.

Disclaimer

Your use of the Service is at your own risk. The Service is provided “AS IS” and “AS AVAILABLE”. The Service is provided without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MiamiFisherIsland.com and Carolina Rahe, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will operate uninterruptedly, securely, or available at any particular time or location; b) errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Governing law

These Terms shall be governed by and construed in accordance with the laws of Florida, United States, without regard to its conflict of laws provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and supersede any prior agreements we may have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is important, we will provide at least 30 days notice before the new terms take effect if it is about monetary changes. What constitutes a material change will be determined in our sole discretion.

If you continue to access or use our Service after the revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.