Terms and Conditions
The following terms and conditions govern all use of the hammockrealestate.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Hammock Real Estate Group, LLC (“Hammock Real Estate Group”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Hammock Real Estate Group’s Privacy Policy) and procedures that may be published from time to time on this Site by Hammock Real Estate Group (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Hammock Real Estate Group, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your hammockrealestate.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Hammock Real Estate Group may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Hammock Real Estate Group liability. You must immediately notify Hammock Real Estate Group of any unauthorized uses of your account or any other breaches of security. Hammock Real Estate Group will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Message Frequency: Message frequency may vary depending on your interactions with us.
Opt-Out: You can opt out of receiving text messages at any time by replying with “STOP” to any message you receive. You can also reply with “HELP” for assistance.
Privacy Assurance: We will not share your mobile opt-in information with third parties.
Your Rights and Choices
Access and Correction: You have the right to access and correct the personal information we have collected about you.
Opt-Out of Communications: You can opt-out of receiving marketing communications at any time by following the instructions in the communication or by contacting us directly.
Data Retention: We will retain your information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law.
Changes. Hammock Real Estate Group reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hammock Real Estate Group may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Hammock Real Estate Group may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your hammockrealestate.com account (if you have one), you may simply discontinue using the Website.
Disclaimer of Warranties. The Website is provided “as is”. Hammock Real Estate Group and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hammock Real Estate Group nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Hammock Real Estate Group, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Hammock Real Estate Group Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Hammock Real Estate Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Hammock Real Estate Group and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hammock Real Estate Group, or by the posting by Hammock Real Estate Group of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Flagler County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Flagler County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hammock Real Estate Group may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
