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Terms of Use

Welcome to the RossMiami.com web site, the web site of Ross Milroy Realty, LLC. Ross Milroy Realty, LLC and/or its affiliates (referred to as “RMR”) operate this web site and associated web pages and services. For the purposes of the Terms of Use, RMR refers to this web site, RossTV and Ross100 Condo Index and its related services as the “Ross Miami web site.”

Ross Milroy Realty, LLC (“RMR”) is a licensed real estate broker operating in the state of Florida under corporate licence number CQ1045457. Information presented on this website is believed to be accurate but is not warranted. No warranties are made as to the accuracy of any descriptions or other details and such information is subject to errors, omissions, changes of price, commissions, prior sales, leases or financing, or withdrawal without notice. Square footages are approximate and may be verified by consulting a professional architect or engineer. Information presented on this website may contain listings from both RMR and other brokers who cooperate with our company. The content on this website, including floor plans, photos, text and other materials, may have been provided by developers, third parties or others. Ross Milroy Realty, LLC does not warrant the accuracy of such information. You should consult your purchase and sale agreement, disclosures and condominium documents for accurate information. Our trademarks include the Ross100 Condo Index and RossTV represented on this site. The classification of any condo as a Ross100 Condo identifies RMR as a skilled, experienced and knowledgeable real estate broker that, along with its associates, is in the practice of listing and selling condominiums and homes in condominium buildings and neighborhoods that appear on this site. Ross Milroy Realty, LLC recommends that customers seek appropriate advice from legal counsel and professionals with respect to taxes, financing options, closing costs, timing considerations, default provisions, zoning, and renovation considerations.

As a condition of your use of the Ross Miami web site, you warrant to RMR that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities.

RMR offers you access to the Ross Miami web site in exchange for your agreement to accept and comply with the terms and conditions stated herein and as may be modified by RMR from time-to-time. RMR reserves the right, in its sole discretion, to modify the Terms of Use and/or the Ross Miami web site without providing notification. You are responsible for regularly reviewing the Terms of Use.

If you do not agree to all of the Terms of Use, please do not use this web site.

LIMITED LICENSE

Except where we specify otherwise, RMR grants you a limited, non-exclusive license to access and use the Ross Miami web site, provided that: (a) if you are a potential or actual buyer, renter or seller of a property, access to the Ross Miami web site is used solely for your personal and non-commercial purposes and; (b) if you are a property owner, property manager, real estate broker, or real estate agent, access to the Ross Miami web site is used only for the purposes of renting, buying or selling property. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, any license or right under any patent, trademark, copyright or other proprietary right of RMR. You promise that you will not use the Ross Miami web site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are expressly licensed by RMR.

You agree that you will not download, upload, modify, copy, distribute, transmit, display, reproduce, publish, license, and/or exploit the content or information, frame in another web page, use on any other web site, engage in the practices of screen scraping or database scraping, transfer or sell any pages, information, software, lists of users, databases or other lists, content, material, products or services provided through or obtained from the Ross Miami web site, Ross100 Condo Index, RossTV, or any portion thereof. You agree not to engage in the practices of screen and database scraping, or any other activity with the purpose of obtaining lists of properties, users or other information.

You agree that you will not use the Ross Miami web site in any manner, which could damage or impair the Ross Miami web site or interfere with any other party’s use and enjoyment of the Ross Miami web site.

Except with the written permission of RMR, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Ross Miami web site. Unauthorized individuals attempting to access prohibited areas of the Ross Miami web site may be subject to prosecution.

LINKS

Except with the written permission of RMR, you agree that you will not create links from any web site to any page within the Ross Miami web site with the exception, subject to the conditions of this section, of the Ross Miami web site homepage located at http://rossmiami15.wpengine.com (the “homepage”).

The origin of any such link to the homepage must be accompanied by a clear and prominent acknowledgement indicating that the link is connected to the Ross Miami web site. You agree that you will not connect the “Ross Milroy Realty”, “Ross Miami”,  “Ross100 Condo Index” or “RossTV” name or link with your name or any other material(s) in a manner which might give rise to any false conclusion that there is any affiliation between RMR and you or any other person or entity. Furthermore, you agree that if RMR, in its sole and absolute discretion, requests in writing that you remove any links to the Ross Miami web site you will promptly do so.

The Ross Miami web site may contain links to other web sites operated by parties other than RMR. Third party web sites are not under the control of RMR and RMR is not responsible for their contents, accuracy, reliability, credibility, or timeliness thereof, any link contained therein, or any changes or updates thereto. RMR’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. If you decide to access any of the third party sites linked to the Ross Miami web site, you do so entirely at your own risk.

COPYRIGHT AND TRADEMARKS

All materials provided on the Ross Miami web site, including but not limited to all text, logos, designs, graphics, images, sounds, videos, information, software, documents, products, services, the Ross100 Condo Index and RossTV (collectively, the “Materials”), and the selection, arrangement and display thereof, are the copyrighted works of RMR and/or its vendors, suppliers or licensors. All Materials are proprietary to RMR or its licensors and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of RMR.

The trademarks, trade names and service marks (the “Marks”) displayed on the Ross Miami web site are the property of RMR or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of RMR or such third party which may own the Mark. RMR may own other Marks not identified in the Terms of Use.

DEVICE RESTRICTIONS

You agree that you will not use any spider, robot, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Ross Miami web site or any property information, offer or transaction being conducted on the Ross Miami web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ROSS MIAMI WEB SITE AND ROSS100 CONDO INDEX IS AT YOUR OWN RISK. THE ROSS MIAMI WEB SITE AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE ROSS MIAMI WEB SITE AND ROSS100 CONDO INDEX ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RMR EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. RMR ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

RMR MAKES NO WARRANTY THAT (1) THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX WILL MEET YOUR REQUIREMENTS, (2) THE ROSS MIAMI WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX WILL MEET YOUR EXPECTATIONS, OR (5) ANY ERRORS IN THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX WILL BE CORRECTED. RMR WILL NOT BE LIABLE FOR ANY FAILURE, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE ROSS MIAMI WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE ROSS MIAMI WEB SITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL RMR BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND RMR’S CONTROL.

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX IS DONE SOLELY 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 VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE ROSS MIAMI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RMR, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ROSS MIAMI WEB SITE AT ANY TIME. ALTHOUGH RMR HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE ROSS MIAMI WEB SITE AND ROSS100 CONDO INDEX, RMR ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RMR, THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. ALL INFORMATION FURNISHED REGARDING PROPERTY FOR SALE, RENTAL OR FINANCING IS FROM SOURCES DEEMED RELIABLE, BUT NO WARRANTY OR REPRESENTATION IS MADE AS TO THE ACCURACY THEREOF. SUCH INFORMATION MAY CONTAIN ERRORS OR OMISSIONS MAY BE SUBJECT TO CHANGE OF PRICE, STATUS OR OTHER CONDITIONS, SALE, LEASE, FINANCING OR WITHDRAWAL WITHOUT NOTICE. ALL DIMENSIONS ARE APPROXIMATE. FOR EXACT DIMENSIONS, YOU MUST HIRE YOUR OWN ARCHITECT OR ENGINEER.

INDEMNIFICATION

NEITHER RMR NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE ROSS MIAMI WEB SITE OR ANY RMR PRODUCT OR SERVICE, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE ROSS MIAMI WEB SITE OR ROSS100 CONDO INDEX, EVEN IF RMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE ROSS MIAMI WEB SITE, ROSS 100 CONDO INDEX OR WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ROSS MIAMI WEB SITE AND RELATED SERVICES.

DIGITAL MILLENIUM COPYRIGHT ACT

RMR respects the intellectual property rights of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Ross Miami web site, please provide the following information in writing to RMR’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
  4. Information so that we can contact you, such as address, telephone number and e-mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Send a letter to the Copyright Agent detailing the above information to:

Ross Milroy Realty, LLC
1000 5th St., Ste 200
Miami Beach, FL 33139
Phone: (305) 788-1220

TERMINATION

RMR may in its sole discretion and at any time terminate your access to and use of the Ross Miami web site, or any part thereof, with or without notice.

MODIFICATIONS AND UPDATES

RMR (and/or its suppliers) reserves the right in its sole discretion to improve, modify, add to or remove any information or content appearing on the Ross Miami web site, RossTV or Ross100 Condo Index. RMR may discontinue or revise any or all aspects of the Ross Miami web site, RossTV or Ross100 Condo Index in its sole discretion and without prior notice.

JURISDICTION

This agreement is governed by the laws of the State of Florida, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Miami, Florida, in all disputes arising out of or relating to the Ross Miami web site, RossTV or Ross100 Condo Index. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Ross Miami web site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You understand, acknowledge agree that your use of the Ross Miami web site, RossTV and Ross100 Condo Index is governed by these Terms of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the Ross Miami web site in a jurisdiction that prohibits or restricts such use, you agree that your use will be at your own risk, without limitation of any other provision of the Terms of Use, and that RMR shall not have any liability with respect to such use.

INTERPRETATION

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 above, 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 the Agreement shall continue in effect.

You agree that no joint venture, partnership, or employment relationship exists between you and RMR as a result of the Terms of Use or use of the Ross Miami web site. Unless otherwise specified herein, the Terms of Use constitutes the entire agreement between you and RMR with respect to the Ross Miami web site, RossTV and Ross100 Condo Index and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and RMR.

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

RMR has no fiduciary duties to you, including, without limitation, the obligation to inspect properties described on the Ross Miami web site and Ross100 Condo Index, or to verify the accuracy of pending sales, offers and other information contained in the Ross Miami web site.

FEDERAL FAIR HOUSING LAWS

RMR supports Equal Housing Opportunity and we encourage users of our web site to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local laws and regulations. Property owners, property managers and their brokers and/or agents are subject to the federal Fair Housing Act, which prohibits “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.”

As someone seeking to buy or rent an apartment, home or condominium, 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 pricing or financing 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.

CIVIL RIGHTS ACT OF 1968: FAIR HOUSING ACT

The Fair Housing Act is part of the Civil Rights Act of 1968 and declares a national policy of fair housing throughout the United States, making all discrimination illegal in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, national origin, handicap or familial status.

AMERICANS WITH DISABILITIES ACT OF 1990

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against persons with disabilities in places of public accommodations, commercial facilities and multifamily dwelling units. The ADA mandates certain design specifications for dwelling units in multifamily housing built after the enactment of the law.

STATE AND LOCAL LAWS

State and local laws often provide broader coverage and additional legal protection for the public. These laws include, but are not limited to, the Florida Fair Housing Act, the Florida Uniform Land Sales Practices Act, the Florida Growth Management Act, and the Florida Landlord and Tenant Act.

Complaints alleging discrimination in housing may be filed by calling the HUD Regional Office in Atlanta at 1-800-440-8091. You can also contact HUD and file a housing complaint on their web portal at http://portal.hud.gov/