Terms and Conditions of Use

Welcome to ONE. Through the ONE’s websites, located at www.1000museumcondosales.com, www.3030aventura.com, www.400sunnyislescondos.com, www.500brickellave.com, www.50biscayneblvd.com, www.acqualinacondosmiami.com, www.acqualinaestatesmiami.com, www.acqualinamansionsmiami.com, www.amritresidencessingerisland.com, www.apogeebeachcondos.com, www.apogeecondosmiami.com, www.aubergecondos.com, www.baccaratmiamisales.com, www.beachwalkhallandalecondos.com, www.bellamareaventuracondos.com, www.brickellavenueresidences.com, www.casamarcondospompano.com, www.chateaubeachcondos.com, www.continuumcondosmiami.com, www.diplomathollywoodcondos.com, www.echoaventuracondos.com, www.ellevenmiamicondos.com, www.fendichateaucondosmiami.com, www.grovecondosmiami.com, www.groveisleresidences.com, www.hillsborobeachresidences.com, www.homesataventuralakes.com, www.hydebeachcondos.com, www.iconbrickellcondosmiami.com, www.iconcondomiami.com, www.iconvallartacondo.com, www.jadecondosmiami.com, www.jaderesidencesmiami.com, www.jadesignaturecondosmiami.com, www.laperlacondosmiami.com, www.liveparquetowers.com, www.marinabluemiamisales.com, www.marinapalmscondosmiami.com, www.marquiscondosmiami.com, www.miamitrumpcondos.com, www.oceanabalharboursales.com, www.oceanfourcondosmiami.com, www.oceanmarineyachtclubfl.com, www.oceanpalmshollywoodcondos.com, www.ondabayharborcondos.com, www.onebalharbourcondosmiami.com, www.onemiamicondosales.com, www.palazzodelsolfisherislandcondos.com, www.perigoncondosmiami.com, www.plazabrickellcondo.com, www.pointofaventuracondos.com, www.pompanobeachresidences.com, www.portovitaaventuracondos.com, www.privecondosaventura.com, www.regaliamiamicondos.com, www.ritzcarltonmiamicondos.com, www.solemarbeachcondos.com, www.stregisbalharbourcondosmiami.com, www.sttropezcondosmiami.com, www.sunnyislesbeachresidences.com, www.surfclubcondosmiami.com, www.tenmuseumcondosmiami.com, www.trumphollywoodsales.com, www.trumppalacecondosales.com, www.turnberryoceancolonycondos.com, www.turnberryvillagecondos.com, www.uptownmarinacondos.com, www.waldorfastoriapcondosmiami.com, www.wsouthbeachcondosmiami.com, www.yourbeachclub.com, www.penthouselife.com, www.estatelife.com (collectively, the “Site”), you can browse and search real estate listings in our designated service areas. Your use of the Site is subject to these Terms and Conditions of Use, which include the Privacy Policy (“Terms”). You must agree to these Terms before using the Site or any of the services offered through the Site (collectively, the “Service”). These Terms constitute a binding contract between ONE Sotheby’s International Realty (“ONE”, “we” or “us”) and you (“you”). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE. We suggest that you print out a copy of these Terms for your records.

1. Registration

1. Scope of Use.The purpose of this Site is to assist customers and brokers in contacting ONE and its agents concerning the real estate rental and sales listings set forth herein and any other services offered by ONE. You represent that you are a prospective purchaser, seller, lessee or lessor of real property in the geographic areas where ONE is licensed and operating with a bona fide interest in the purchase, sale or lease of such real property.
2. Registration Required.You must submit your contact information including your name, telephone number and email address (the “Contact”) in order to make full use of the Service.
3. Minimum Age.You must be eighteen (18) years of age or older to register for an Account.
4. Password and Identity.You may not share your password with anyone else. Any use of the Service through your Contact will be deemed as being used by you. ONE is entitled to rely on the contact and other information that is supplied to us through your Account. Your Contact is non-transferable and non-assignable.
5. Consent to Contact.BY REGISTERING AS A CONTACT, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS AND/OR TELEPHONE CALLS FROM ONE. You must always provide accurate, current and complete information to ONE for the Service. You must update such information in a timely manner to maintain its accuracy and completeness.
6. Broker Restrictions.Any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) who uses any Content for its customer must first enter into a co-brokerage agreement with ONE. We authorize the Miami Association of Realtors (“Miamire”) and/or brokers (and each of their duly authorized representatives) to access the Site for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between ONE and Miamire, or any other applicable RLS rules or policies or any other multiple listing system or real estate board that ONE subscribes to. We reserve the right to deny or terminate access to any Real Estate Agent except to the extent such Real Estate Agent is accessing the Site for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including without limitation advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Site.
7. Acknowledgment of Broker-Consumer Relationship.By agreeing to these Terms, you acknowledge you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with ONE.
8. Market Area.The market area served by the Site includes property in Dade, Broward and/or Palam Beach counties.
9. No Affiliation with Real Estate Agent.You agree that you have not signed any agreement with any Real Estate Agent that would prevent you from using ONE as your agent. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify us immediately in the event you enter into a listing agreement with a Real Estate Agent. Outreach to Sellers Prohibited. You agree not to contact the owner or seller of any property from information gained through the Site. You will not attempt to enter the property or speak with an owner or seller without an appointment set by ONE.
10. We Represent Multiple Buyers.You acknowledge and agree that we may also represent other prospective buyers seeking to purchase the same properties that may meet your purchase criteria.
11. Authorization to Review Documents.You hereby authorize ONE to review and provide you with copies of various documents related to any potential real estate transaction, including without limitation home inspection reports and closing papers.

2. Posting Content on The Site

1. Content Protected by Intellectual Property Rights.Any content available through the Site, including applications, software, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of ONE or its licensors. All right, title and interest in and to the Site and any Content will remain the exclusive property of ONE and its licensors.
2. Your Warranties Regarding Your Content.You may post to the Site or otherwise submit to us your Content, including without limitation comments regarding property listings, feedback regarding the Service, or any other ideas, suggestions, documents or proposals. By submitting your Content, you warrant, represent and agree that:
   1. you own your Content or have sufficient rights in your Content to grant to ONE the rights described in these Terms;
   2. your Content does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;
   3. your Content is true and accurate to the best of your knowledge;
   4. your Content does not include confidential or proprietary information;
   5. if we so choose, we may use and disclose your Content in any way; and
   6. we have no obligation to pay or reimburse you for your Content or our use of your Content.
3. Prohibited Content.You must not post to the Site any Content that, as reasonably determined by ONE, is or appears to be the following:
   1. untrue, misleading, harmful, threatening, fraudulent, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially, morally or otherwise objectionable;
   2. infringing upon or misappropriating a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement or misappropriation;
   3. of a type that you do not have a right to transmit under any law or contractual or fiduciary relationships, such as proprietary and confidential information;
   4. information that references personally identifiable information, such as address, email address, contact information, or phone number;
   5. unsolicited, undisclosed or unauthorized advertising;
   6. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   7. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or