PropertyClubPro.com
TERMS OF USE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE. Welcome to PropertyClubPro.com (the “Site”). The Site, which is operated by [The John Wubbel Consultancy, Inc.] (“PropertyClubPro,” “we” or the “Company”), and the information (the “Services”) offered at the Site are provided to you only on the terms and conditions described in these Terms of Use. BY USING THE SITE OR ANY OF THE SERVICES, OR ENTERING ANY LISTING OR OTHER INFORMATION ON THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Terms of Use carefully. If you do not agree to these terms, you should not use the Site or any of the Services. The Terms of Use for this Site may be revised at any time by the Company without any specific notice to you. John Wubbel Consultancy has the right to revoke the privileges of any customer or company that breaches these terms. The latest and most current version of our Terms of Use, Listing Policy & Guidelines and Privacy Policy will be posted on this Site and available for your review at any time. It is your responsibility to do so often. The term “you” or “user” or “Customer” refers to all individuals and entities accessing this Site for any reason.
2. Membership Subscriptions
It is your responsibility to provide the Company on a timely basis with any changes in your contact or billing information (including phone number, email address, credit card numbers, etc.). Account updates may be made online via the My Account tab within the Site once Customer has logged onto the Site. You agree to pay for all products and services ordered through the Site or from the Company using the payment method indicated, and you hereby provide the Company and its representatives and agents with express authorization to charge said fees to your credit card or other payment provider. You shall be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts. If payment is not current, you may be denied access to the Site. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided.
Subscriptions will automatically renew (and premium memberships shall automatically charge the member’s credit card at prevailing monthly rates at the time of renewal) unless you contact the Company to cancel three (3) days prior to the renewal date and indicate your desire to cancel. You may cancel your membership by visiting http://www.PropertyClubPro.com/Cancellations or emailing cancellations@PropertyClubPro.com. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via email. If you have a question about a cancellation, you should contact our customer service department at Help@PropertyClubPro.com. John Wubbel Consultancy reserves the right to change its fees, payment frequency, or billing methods at any time, and will provide you of timely notice of any such changes. The Company reserves the right to limit the combined number of active for sale and/or for lease property listings per individual membership subscription The Company also reserves the right to refuse service to any user that has delinquent charges that remain unpaid, and to impose additional charges to reactivate premium or other membership privileges.
Membership privileges are only granted to individuals by John Wubbel Consultancy. No employee, contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the areas of the Site requiring a free or premium membership without the express written permission from John Wubbel Consultancy. Customer shall use the PropertyClubPro system solely for their own personal use and shall not share login information or allow others to use the PropertyClubPro system under or through that Customer's login ID/email and password. Memberships cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of John Wubbel Consultancy. You are required to maintain a valid email address and a password, which shall be utilized for accessing the Site. John Wubbel Consultancy has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policy & Guidelines as posted and displayed on the Site, or abuses their rights related to the Site.
The Company reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Site or information contained therein as necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. USER CONDUCT - General. Users may not use the Site to post, transmit, distribute or store any materials, including without limitation, materials (a) in violation of any applicable law, rule or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property right of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, vulgar, obscene, threatening, abusive, hateful or embarrassing to any person or entity.
Use for Information. The Site may be used only for the purpose of obtaining information and no investment, real estate, legal, tax, accounting, or other professional advice is given hereunder by the Company, and you are urged to independently verify any information and consult your own professional advisor. The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for the stated purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes described on the Site.
You agree to treat all information obtained from the member access areas of the Site as proprietary to John Wubbel Consultancy and that you will keep such information confidential and it shall be protected as a trade secret of John Wubbel Consultancy. John Wubbel Consultancy does not ensure the accuracy of, endorse or recommend any content on its Site and you use such information at your own risk, and only to obtain initial information for further investigation and evaluation by you. You shall limit your access to this information to personal and internal use, and shall not use any information obtained from the Site for further distribution, publication, public display, or preparation of derivative works, or facilitation of the foregoing. You may not use or reproduce any information obtained from the Site for, or in connection with, any other listing service or device, or as part of any effort to compete with John Wubbel Consultancy, including, but not limited to, using the Site to provide, alone or in combination with any other product or service, any database services to any third party. You may not remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the information on the Site. Customers violating these specific terms, or using the Site in an abusive or excessive manner, shall be subject to immediate termination of their membership, and will be assessed an excessive use fee.
Listing Policy and Guidelines. You also agree to the PropertyClubPro Listing Policy & Guidelines available by hyperlink at the top of this page. [MAKE SURE THIS IS LINKED TO]
Policy Concerning Children. The Services are not intended for use by children. If you are under 13 years of age, you may not use the Site or the Services.
Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site, by including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You may not use any feature of the Site to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate our Terms of Use. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. MODIFICATION. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), any document, information or other content on the Site, with or without notice to you.
5. TERMINATION. We may terminate or suspend your access to all or part of the Site and/or your use of the Services, without notice and for any reason, including, but not limited to, for violation of the Terms of Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, another customer of the Site or any third party.
6. YOUR INFORMATION – Unsolicited Submissions. We do not accept or consider creative ideas, suggestions or materials other than those specifically requested by us. We ask that you do not submit or send such materials directly to us unless we ask you to do so. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Information”) to us at our request or send unsolicited Information to us despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.
Privacy. Please see the details of our current Privacy Policy [hyperlink].
7. INTELLECTUAL PROPERTY. The content, organization, graphics, logos, design, compilation, magnetic translation, digital conversion and other materials related to the Site may contain copyrighted materials, “moral rights”, trademarks, service marks, trade dress, trade secrets, confidential information, and other proprietary materials (collectively, the “Intellectual Property”), which are owned by the Company, its licensors, affiliates or partners. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to the Company or its licensors, affiliates or partners. You may use the Intellectual Property only in accordance with the express provisions contained herein, but you may not use the Intellectual Property for any other purpose, or copy the Intellectual Property in whole or in part, without prior written permission from the Company. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site.
“PropertyClubPro” are trademarks of the Company. Other product and company names appearing on the Site may be trademarks of their respective owners.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.
YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED TRANSMISSIONS, ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO THE COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ADVERTISERS) THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES, OR YOUR INABILITY FOR ANY REASON TO USE THE SITE OR THE SERVICES; NOR DO WE HAVE ANY LIABILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE OR SUCH CONTENT IN ANY DOCUMENT, MATERIAL OR ITEM PURCHASED THROUGH THE SITE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL JOHN WUBBEL CONSULTANCY’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE TO CUSTOMER EXCEED THE FEES PAID BY CUSTOMER.
10. INDEMNIFICATION. You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any of the Services, your violation of these Terms of Use, or your violation of the rights of any third party.
11. LINKS TO OTHER SITES. The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site on our Site does not imply approval or endorsement of the linked web site by us. We do not verify whether any web site linked by us contains any computer viruses, worms, Trojan horses or other malicious code. If you leave our Site and access these third-party web sites, you do so at your own risk.
12. MISCELLANEOUS. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State of Florida located in Palm Beach County, and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site or any of the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to Sections 11 and 12 above. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use constitute your entire agreement with the Company. The Company reserves the right to make changes to the Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of John Wubbel Consultancy, which retains the right to withhold consent in its sole discretion. All notices to the Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to John Wubbel Consultancy, Attention: President. John Wubbel Consultancy utilizes email as a vital and primary communication channel with customers. You hereby acknowledge and grant John Wubbel Consultancy the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes John Wubbel Consultancy determines to be relevant including, but not limited to, notice of product and service updates, announcements and enhancements, system messages, and other marketing messages and notices. John Wubbel Consultancy will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will John Wubbel Consultancy have any liability for sending any email to its registered users/customers.
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