TERMS AND CONDITIONS
Welcome to WeSellPlaces.com!
WeSellPlaces.com is owned and operated by Gary E Kruse.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by WeSellPlaces.com “Gary E. Kruse”. This includes the mobile and tablet versions as well as any other version of WeSellPlaces.com accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE WE SELL PLACES WEBSITE.
- ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of WeSellPlaces.com. By using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on WeSellPlaces.com. You agree to be bound by any modification to this terms and conditions when you use the website after any such modification is posted; it is therefore important that you review this agreement regularly.
WeSellPlaces.com may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions. The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you register on the website, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify We Sell Place of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from WeSellPlaces.com. WeSellPlaces.com “Gary E. Kruse” will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing WeSellPlaces.com with your Address(es), email address, and phone number you consent to our use of your address(es) email address, phone to send you notices about the service and products, including those required by law. We may also use your address(es), email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information. Opting out may prevent you from receiving emails about updates, news or offers.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to WeSellPlaces.com “Gary E. Kruse”.
WeSellPlaces.com “Gary E. Kruse reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if We Sell Place believes that you have breached any of these terms, furnished WeSellPlaces.com with false or misleading information, or interfered with use of the platform or the service by others.
The properties and real estate published on this website or other websites are a IDX feed and are not controlled by WeSellPlaces.com “Gary E. Kruse”. WeSellPlaces.com are limited to providing the platform. WeSellPlaces.com “Gary E. Kruse is not responsible at any time for the properties and real estate offered by users through the listing services available on the website.
WeSellPlaces.com is not responsible for the accuracy, safety or legality of the real estate or content posted on the website by users through the listings. WeSellPlaces.com does not represent the businesses or properties that owners, Brokers, agents or listing services offer and post on the website. Transactions made as a result of the publication of properties within the website is the sole and exclusive responsibility of the users and customers.
Disputes arising between users will be resolved by the users themselves. WeSellPlaces.com “Gary E. Kruse” does not accept any claim in connection with the properties published on the website, nor the transactions made by users.
WeSellPlaces.com “Gary E. Kruse” is not responsible for damage to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of communications established on the website. The communications and relationships established between users as a result of any connection within the WeSellPlaces.com website is the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiate any claim or legal action against one or more other users, each and every one of the users involved in such claims or actions exempt WeSellPlaces.com Gary E. Kruse” from any liability.
By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that WeSellPlaces.com has not guaranteed the results of any actions taken, whether or not advised by this website or the content. WeSellPlaces.com “Gary E. Kruse” provides resources and content for informational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond WeSellPlaces.com “Gary E. Kruse” control. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
- ADVERTISING REQUIREMENTS
The real estate regulations are intended to ensure that all advertising by real estate agents is done in a clear and transparent manner, so as to minimize any possibility of confusion and error on the part of the consumer as to who is doing the advertising. Accordingly, the first and most important requirement of any real estate agent’s advertising is that it’s advertising prominently displays the name of the real estate Brokerage.
The applicable regulation regarding real estate agent advertising requirements states the following:
“A licensee shall identify itself as a broker or sales agent or REALTOR in any advertising for the purchase, sale, lease, exchange, exchange, mortgage, transfer, or other disposition of real estate, whether the advertising relates to the licensee’s own property or the property of others.
If a seller or broker is part of a team or group within the brokerage, the licensee may include the name of the team or group in the advertisement only under the following conditions.
(1) the inclusion of the name of the team or group is authorized by the principal broker of the brokerage to which the salesperson or broker is licensed; and
(2) the name of the real estate broker is included and displayed more prominently than the name of the team or group in the advertising.”
Registered users of the platform represent and agree that they do and will comply with all applicable provisions regarding real estate broker advertising.
- THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
- LICENSE TO USE THE PLATFORM
WeSellPlaces.com “Gary E. Kruse” gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the website provided to you by WeSellPlaces.com as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by WeSellPlaces.com “Gary E. Kruse”, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the WeSellPlaces.com website, Gary E. Kruse, Broker; Derek Carlson or third parties.
WeSellPlaces.com “Gary E. Kruse” reserves the right to terminate your access immediately, with or without notice, and without liability to you, if WeSellPlaces.com “Gary E. Kruse” believes that you have violated any of these terms or interfered with the use of the website or service by others.
All content included on this platform, such as text, graphics, logos, button icons, images, video, audio clips, data compilations and software, is the property of WeSellPlaces.com “Gary E. Kruse” or its content providers and is protected by international copyright laws. The compilation of all content on this site is the property of WeSellPlaces.com “Gary E. Kruse” or others who have given permission to use either by agreement or by classification of use. This will also include the user content providers and is protected by international copyright laws. All software used on this site is the property of WeSellPlaces.com or Gary e. Kruse or its software suppliers and protected by international copyright laws.
Users can publish and share content through the platform. By publishing your content through WeSellPlaces.com, you agree and authorize that your content be publicly displayed on the website and may be shared by other users. By publishing and sharing your content and the content of other users, you also agree not to change or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other property that is displayed in the content available on WeSellPlaces.com. Any alteration or use of the content outside the guidelines of these terms, violates intellectual property rights and may be subject to claims or lawsuits. By accessing our platform, you do not have any right or title to the available content or other intellectual property.
- COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act)
WeSellPlaces.com “Gary E. Kruse” will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. WeSellPlaces.com “Gary E. Kruse” respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the “WeSellPlaces.com” website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that WeSellPlaces.com “Gary E. Kruse” can find it on the “WeSellPlaces.com” website. Note that providing a top-level URL is not sufficient.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
- USER CONTENT
Due to the nature of our services, users may share content with WeSell Places.com, which may consist of messages, photos, images, videos, texts, articles and others, and use such content for the purpose of providing our services. You retain any copyrights you may have in the content you share with a WeSell Places.com through our services. However, we need your permission to use and modify such content for the sole purpose of providing our services. WeSellPlaces.com “Gary E. Kruse” is not responsible for the accuracy, security or legality of the content that users or customers share with us. The user is solely and exclusively responsible for its content and the consequences of its use. By providing content through our services, you grant WeSellPlaces.com “Gary E. Kruse” a worldwide, non-exclusive, royalty-free right and license to host, store, transfer, display, perform, reproduce, modify, display and publish your user content solely for the purpose of providing the services offered on the website.
- USER CONTENT REPRESENTATIONS AND WARRANTIES
WeSellPlaces.com “Gary E. Kruse” disclaims all liability in connection with the content that the customer or website user shares or provides to WeSellPlaces.com. You are solely responsible for your content and the consequences of providing your content through the services. By providing and sharing your content through the services, you affirm, represent and warrant that:
- a) You are the creator and owner of the content you provide and share to WeSellPlaces.com, or have the necessary licenses, rights, consents and permissions to authorize WeSellPlaces.com “Gary E. Kruse” to use your content as necessary to exercise the licenses granted by you in the manner contemplated by the service and these Terms.
- b) Your content, and the use of your content as contemplated by these Terms, does not and will not (i) infringe, violate or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, rights of privacy, rights of publicity or any other intellectual property or proprietary rights; (ii) libel, defame, slander or invade the privacy, publicity or other proprietary rights of any other person; or (iii) cause We Sell Place to violate any law or regulation.
- PERSONAL DATA
- PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to WeSellPlaces.com “Gary E. Kruse” its successors or assigns or licensed to the WeSellPlaces.com by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
1. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
2.Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
3. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
4. Deep-link to any portion of the services for any purpose without our express written permission.
5. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
6. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WeSellPlaces.com in connection with the services.
7. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
8. Download any Content unless it’s expressly made available for download by WeSellPlaces.com.
- DISCLAIMER OF WARRANTIES
Because of the nature of the Internet, WeSellPlaces.com “Gary E. Kruse” provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Gary E. Kruse for any loss or damage caused as a result.
WeSellPlaces.com “Gary E. Kruse” will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, WesellPlaces.com “Gary E. Kruse” excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to WeSellPlaces.com and “Gary E. Kruse” shall have no liability to pay any money by way of compensation, including without limitation of all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from WeSellPlaces.com “ Gary Kruse” or his employees.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
- ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by WeSellPlaces.com “Gary E. Kruse” for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify WeSellPlaces.com, Gary E. Kruse, MVP Realty Associates LLC. Derek Carlson Broker, employees of Gary E. Kruse from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the website and services.
- CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WeSellPlaces.com “Gary E. Kruse” without restriction.
- INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and WeSellPlaces.com and or Gary E. Kruse, provided that each party retains the right to bring an individual action in a court of competent jurisdiction with in Florida, a state located in The United States of America..
In the event of a dispute arising in connection with the use of the website and services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. All disputes will be handled with in Florida, a state within the United States of America.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. WeSellPlaces.com may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization located in Florida, a state with in the United States of America, and file a separate Demand for Arbitration in Florida, a state with in the United States of America. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
- FINAL PROVISIONS
These terms and conditions are governed by the United states of America laws. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these Terms.
Our performance of these Terms is subject to existing laws and legal processes of the United States of America, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
- CONTACT INFORMATION
If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:
Gary E Kruse – WeSellPlaces.com.
13941 Eagle Ridge Lakes Dr. Unit 202
Fort Myers FL 33912