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Terms & Conditions

 

Introduction

This site is owned and operated by John Anthony Enterprises, Inc. dba Builders Gate (Builders Gate). Access to this website (the "Site") is provided to Licensed Real Estate Agents for a subscription fee of $10.99 per month or $100.00 per year. Your use of the Site, and all information, products and services on the Site (collectively known as, "Services") is subject to the binding legal terms ("Terms") set forth in this Agreement.

Terms may be updated without notice. Your continued use of Services after any changes are made will constitute that you agree with the changes. All new features and/or updates on the Site will automatically be subject to these Terms.

These Terms are the entire agreement between you and Builders Gate. They supersede any and all prior or contemporaneous agreements between you and Builders Gate relating to your use of the Site or Services.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall remain in full force and effect.

BY USING THE SERVICES, YOU FULLY AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT FULLY AGREE WITH ANY TERM OR CONDITION SET FORTH IN THIS AGREEMENT, DO NOT USE THE SERVICES FOR ANY PURPOSE.

When subscribing to Builders Gate, you are subscribing to a search engine that gathers and organizes the builders information that is readily available to Lic. Real Estate Agents.  Builders Gate does not own the  the information provided.

Availability, price and completion dates are subject to change.  Square footage and dimensions are approximate and may vary on each home.  Photos and renderings are examples of the home and may not be the actual home being offered for sale.  Builders have many elevations for each plan, the elevation shown may or may not be that of the home offered for sale.

Although we attempt to assure that all of the information on the Site is accurate, by using the Site you acknowledge, understand and agree that it may not be current, accurate, or complete; and that Builders Gate, its suppliers, and its advertisers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION IN ANY MANNER.

NOTHING IN THIS SITE IS AN OFFER IN STATES WHERE PROHIBITED BY LAW.

 

Privacy 

Any information we collect from you during your use of the Site is subject to our Privacy Policy.

 

The Site contains links to other Websites. We are not responsible for the privacy practices or content of other sites linked to or from our Site. Your use of such is subject to the terms of use, if any, contained within each Website. If there is any conflict between the Terms set forth in this Agreement and any terms or notices set forth on any other Website, the terms of the other Website will control your use of that particular Website.

 

Builders Gate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request

  

Services / Subscriptions

You must have an active Real Estate License to access the Builders Gate Website.  License status will be check periodically and if found to be inactive or invalid, your access to Builders Gate will be terminated.  Access to Builders Gate is solely for the persons whose name and license number is provided at sing up.  By subscribing to the Builders Gate Website, you agree to not share your user name or password with anyone.  If password abuse is observed, your password will be disabled and you will have to call Builders Gate at 813-789-6655 to change your password.   Continues abuse can result in terminating your subscription. 

 

You may use the Services on the Site for your personal, non-commercial use. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth in this Agreement.

 

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights, including intellectual property or other proprietary rights of Builders Gate or any information found on the site. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER BUILDERS GATE PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

 

The Services on the Site require Internet access. You are totally responsible for the costs of your Internet access and equipment required.

Password Protection 

When you register, you will create a user name and password to access your account. You agree that you will keep this information confidential. You are completely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. We are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

Equal Housing Opportunity  

All real estate advertising on the Site is subject to the Fair Housing Act, which makes it illegal to advertise any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination

 

As a buyer/renter, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the financing, appraising, or insuring of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.

 

As a seller or landlord, you have a responsibility and a requirement under the law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental. A home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.

 

Agents in a real estate transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental.

The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program.

 

Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.

Builders Gate will not knowingly accept any advertising for real estate that is in violation of the law. All visitors to the Site are hereby informed that all dwellings advertised in this Site are available on an equal opportunity basis.

Third-Party Services 

Commercial services are offered by third parties through the Site. You acknowledge that the Site is acting as a passive conduit for the transmission to such third parties of any information related to such services. Any information provided to Builders Gate must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. Builders Gate is not and will not be responsible for:

  • The terms and conditions of any transaction between you and any third party;
  • Any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or;
  • The quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services.

If you have a dispute with any such third party, you wholly release Builders Gate (and its affiliates, agents, employees and advertisers) from any and all 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 disputes.

Forum Postings 

By posting content to the Site, you grant Builders Gate a non-exclusive license to:

  • Host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through sites controlled by Builders Gate, including but not limited to the Site, and in promotional or advertising materials, and;
  • Sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

You acknowledge that while Builders Gate does not pre-screen content posted by you to the Site, Builders Gate and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the Site.

 

Without limiting the foregoing, Builders Gate and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the Builders Gate owned sites at any time without notice for any reason whatsoever.

 

You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the Site, including any reliance on the accuracy, completeness, or usefulness of such content.

 

If you post anything to the Site, you guarantee that:

  • You have legal rights to post your material and it will not violate any law or the rights of any person;
  • You are entirely responsible for all material you make available by and/or through the Site; and
  • All information and materials of any kind posted or provided by any user on our Site ("Content") are subject to the following terms:

You give us the royalty-free, irrevocable, perpetual, worldwide right to allow other people to use the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from this Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;

 

You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Content, nor do we endorse any Content.

 

You assume the risk of believing any Content you read; and

 

We can suspend or terminate use of the Services by anyone who does not follow these Terms.

Indemnity 

 You are personally responsible for your behavior on the Site and for all Content provided via your account, and agree to indemnify and hold Builders Gate and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that may be incurred in connection with a third party claim or otherwise, in relation to your use of the Services, your Content, your access to the Site, or your violation of either these Terms or the rights of any third party.

Termination 

We reserve the right to terminate your access to the Site or Services at any time. We also reserve the right to remove any Content you post without cause and without notice to you.

Liability Disclaimer 

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUILDERS GATE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE OR DELAY, PROFITS OR REVENUE, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUILDERS GATE OR ANY OF ITS SUPPLIERS OR ADVERTISERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CANCEL YOUR SUBSCRIPTION.

Disclaimer of Warranties 

 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND/OR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM FROM USING THE SERVICES) IS AT YOUR SOLE RISK.

 

THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

 

BUILDERS GATE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS.

 

BUILDERS GATE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BUILDERS GATE DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT, INCLUDING THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF INFORMATION (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.

 

NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS AGREEMENT

Questions or Concerns 

If you have any questions or concerns about our Terms of Use Policy, Please Direct them to:

Terms of Use

Builders Gate

12855 Raysbrook Dr

Riverview, FL 33569

admin@buildersgate.com

 

 

Privacy Statement Terms & Conditions Copyright © 2006-2007, Builders Gate, Inc. All Rights Reserved.