Website User Agreement
The Future of Real Estate® ("FRE") offers you access to our Website, services, tools and applications based on your acceptance of the following terms and conditions.
Welcome to FAIRPLAY ("Website"). This User Agreement ("Agreement") describes the terms and conditions applicable to your use of our Website and the services, tools and applications available on the Website. This Agreement is effective between you and FRE and is a condition of use each time you use the Website as a visitor or registered user ("User"), and must be explicitly accepted by you when registering as a User of the Website.
You must read, agree to and accept all of the terms and conditions contained in this Agreement and the referenced documents, before you may use our Website.
We may amend this Agreement at any time by posting the updated User Agreement on the Website. All amended terms shall automatically be effective when they are posted on the Website. This Agreement may not be otherwise amended except in writing signed by you and a designated officer of FRE.
1. Website is a Venue. The Website acts as a venue to allow parties to offer, buy and sell real property in an organized manner. The role of FRE is limited to providing the website and advertising and facilitating communication between parties. This Agreement clarifies FRE's limited role and outlines certain limitations regarding FRE's obligations and liabilities.
2. FRE's Offer System. FRE's offer system creates letters of intent. They are not legally binding contracts but the negotiations must always be in good faith and with the aim of creating morally binding agreements that are the pre-cursor to legally binding contracts.
3. FRE is not acting as a Real Estate Broker. FRE does not act in the capacity of a real estate professional (broker or agent) and, has no control over the truth or accuracy of the information conveyed or the title, quality or value of the property advertised. FRE is not responsible for and does not engage in the listing, brokering, selling, purchasing, exchanging or leasing of real estate ("Property") posted on the Website; nor does it provide a "multiple listing service" as that term is traditionally used for real estate. FRE does not counsel sellers or buyers, show real estate, negotiate sales contracts, or hold a position of trust and confidence. Accordingly, no brokerage agency or fiduciary relationship is intended to be or shall be deemed to have been created between FRE and any seller or buyer or you regarding the use of the Website. Further, we have no opinion regarding the ability of a seller to sell specific real estate nor can we ensure that a buyer or seller will complete a transaction.
4. Registration Required. In order to access certain parts of the Website a visitor is required to register as a User, disclosing certain information to FRE. After validation of the registration, the User may log in to the Website to make offers on properties, and perform other functions not available to visitors who are not logged in. In this regard, our Privacy Policy is included by reference.
5. Activities Requiring a License. It is the User's responsibility to seek the appropriate representation or accreditation when conducting any activity on the Website that may require a real estate or other license such as bidding, executing a real estate listing agreement, conducting research, placing information on the Website, negotiating with a buyer and/or a seller or other real estate-related sale activities.In certain jurisdictions, such activities may only be conducted by companies and individuals who are licensed real estate professionals. FRE does not purport to conduct such activities.
6. Sellers May Be Represented By an Agent. Sellers of property on the Website may be represented by an agent ("Agent"). Sellers and/or their Agents determine the terms and conditions regarding Auctions on the Website. The Agent's listing agreement defines the terms and conditions under which an Asset is offered. FRE is a venue to assist the seller and the seller's Agent in marketing their Asset, but provides no services that require a real estate, securities or any license in any jurisdiction.
7. Property Sale Terms and Conditions Vary. The terms and conditions of each property on the Website may vary. It is important that interested parties be familiar with the terms and conditions for each property on which they wish to place an offer, are a seller, Agent or are otherwise involved.
8. Due Diligence. Prospective bidders/buyers are advised and encouraged to perform all necessary due diligence before placing an offer; and all parties are advised and encouraged to seek the help and guidance of a licensed real estate professional, attorney, financial adviser or other suitable professional before placing offers.
9. Release of Liability. Because FRE is a venue, in the event that you have a dispute with a Seller and/or an Agent, you agree to release FRE and any of its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You acknowledge and understand that all available property information was prepared by parties other than FRE, and further acknowledge and understand that FRE makes no representation or warranty whatsoever, express or implied, with respect to the content, completeness or accuracy of the property information. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Hold Harmless. User shall defend, and hold harmless FRE and its affiliates from and against any and all claims, demands, causes of action, losses, damages, liabilities, judgments, costs and expenses (including attorneys' fees) incurred by FRE as a result of any violation or failure by User to comply with the provisions of this Agreement or any individual or entity to whom it has disclosed information.
11. Termination of Use of Website. Without limiting any of its other remedies, FRE may limit, suspend or terminate your use of the Website if we suspect, in our sole discretion, that you (by conviction, settlement, insurance or escrow investigation, or any other reason) have engaged in fraudulent activity.
12. Your Information. "Your Information" is defined as any information you provide to us in the registration or bidding process or through any email feature or survey. FRE will only use Your Information in accordance with this Agreement and our Privacy Policy
13. Prohibited Activities. Your Information and your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or (f) create liability for FRE or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
14. Subscription Emails. By registering as a User you are subscribing to receive emails from the Website. Emails may come from an email address at FRE.com. When you show interest in a specific property, you are opting in to receive informational emails or other communications about those properties. You are required to receive certain emails, for example, when placing a offer.
15. Interference with Website. Much of the information on the Website is updated on a real-time basis and is proprietary. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of FRE and the appropriate third parties as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or (iv) bypass measures we may use to prevent or restrict access to the Website.
16. Breach of Terms and Conditions of Website. Without limiting other remedies, we may limit your activity, immediately remove your offer(s), warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your use of our Website and refuse to provide our services to you if (a) we believe that you have breached the terms and conditions of this Agreement or the documents incorporated by reference; (b) we are unable to verify or authenticate information you provide to us or (c) we believe that your actions may cause financial loss or legal liability for you, other Users or FRE.
17. Disclaimer of Warranty. FRE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE THE WEBSITE AND THEIR SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. FRE AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES AND THEIR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE ASSETS ON THE WEBSITE.
18. Limitation of Liability. IN NO EVENT SHALL FRE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). FRE's LIABILITY, AND THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100. This Agreement, including this limitation of liability, shall be enforceable by FRE and any of its affiliates.
19. Indemnity Provision. You agree to indemnify and hold FRE, and its affiliates and our respective officers, directors, agents, 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 the documents it may incorporate by reference, your improper use of the Website, services tools or applications, and/or your violation of any law or the rights of any third party.
20. Release. If you have a dispute with one or more Users, you agree to release FRE and our affiliates, and our respective officers, directors, agents 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 dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
21. Compliance with Applicable Laws. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service.
22. Re-affirmation of User Agreement. Each request made by a visitor or User on the Website or action by a User, such as using a password, shall constitute visitor's or User's re-affirmation and acceptance of the terms and conditions of this Agreement.
23. Notice Procedure. Except as explicitly stated otherwise, any notices shall be given by US Postal Service mail to The Future of Real Estate®, 17 Corporate Plaza Drive, Suite 200, Newport Beach, California 92660 (in our case), or to the email address or mailing address that you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless we are notified that your email address is invalid. Alternatively, we may give you notice by US Postal Service mail, postage prepaid, delivery confirmation requested to the address that you provided to us during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
24. Choice of Law and Integration. This Agreement shall be governed in all respects by the laws of the State of California. We do not guarantee continuous, uninterrupted or secure access to our services; and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by FRE in accordance with the "Notice Procedure" in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Revised: August 01, 2022
