Welcome to www.presdonluczek.com, a website owned and operated by Presdon LLC (“Presdon,” “we,” “us,” or “our”). We provide you access to this website (the “Website”) conditioned on your acceptance without modification of the following terms, conditions, and notices contained herein as amended by Presdon from time to time without notice (the “Terms of Use”). Your use of the Website constitutes your agreement to all such Terms of Use. Please read them carefully and keep a copy for your reference.
BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF USE BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in the Privacy Policy.
The Website is available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Website only with the consent of your parent or guardian. We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion thereof, including by closing or disconnecting your account, without notice and without reason.
Subject to these Terms of Use, Presdon grants you a limited, non-transferable, non-exclusive license to access and use the Website solely for your personal, non-commercial use. Presdon may terminate this license at any time for any reason. Further, when using or accessing the Website, you agree that:
Presdon reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Presdon and our licensors exclusively own all right, title, and interest in and to the Website and all content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website. The Website contains material, such as software, text, graphics, images, and other material provided by or on behalf of Presdon (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Presdon. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The trademarks, service marks, and logos of Presdon (the “Presdon Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Presdon. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Presdon Trademarks inures to our benefit. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express written consent for each and every instance.
If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Website or our goods and services (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity without compensation or attribution to you or any third party. You represent and warrant to Presdon that any Feedback or other information that you provide to us via the Website or any other communication to Presdon (“User Content”) that:
(i) the User Content is your original creation (or that you otherwise have the right to provide it);
(ii) you have the rights necessary to grant us the right to use the User Content; and
(iii) the User Content and its use by Presdon does not and will not infringe or misappropriate the intellectual property or moral rights.
You agree to defend, indemnify, and hold us and our owners, officers, directors, employees, agents, and affiliates harmless from and against any damages, liabilities, losses, expenses, claims, or demands arising from your breach of the above warranties.
The Website, including all content, information, materials, features, functionality, and services provided or made available through it, is offered on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, reliability, availability, or accuracy. Presdon does not warrant that the Website or any of its content, services, or features will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the Website, its servers, or any content accessible through the Website will be free of viruses, malware, or other harmful components. You understand and agree that your use of the Website is at your sole risk. To the fullest extent permitted by law, Presdon disclaims any and all liability for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or inability to access or use, the Website or any content, services, or materials provided through the Website. This includes, but is not limited to, damages for loss of profits, business interruption, loss of data, or unauthorized access to or alteration of your transmissions or data, even if Presdon has been advised of the possibility of such damages. In jurisdictions that do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you. In such cases, Presdon’s liability will be limited to the maximum extent permitted by applicable law. Without limiting the foregoing, in no event shall Presdon’s total liability to you for any and all claims arising out of or related to these Terms or your use of the Website exceed the greater of (i) one hundred U.S. dollars ($100.00).
The Website is controlled and operated from within the United States. Presdon makes no representations or warranties that the Website or any of its content is appropriate, legal, or available for use in locations outside of the United States. If you access the Website from outside the U.S., you do so at your own initiative and are solely responsible for compliance with all local laws and regulations.
These Terms of Use and any disputes arising out of or related to the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. You agree that any legal action or proceeding between you and Presdon related to these Terms shall take place in a court of competent jurisdiction located in the State of Florida.
Any controversy or claim arising out of or relating to these Terms or the Website shall be resolved through final and binding arbitration administered by JAMS or the American Arbitration Association (AAA), in accordance with their applicable rules. Arbitration shall be conducted in the county where you reside unless otherwise mutually agreed. You and Presdon agree to waive any right to a jury trial or to participate in a class action. Each party shall bear its own arbitration costs unless otherwise required. Judgment on the arbitration award may be entered in any court having jurisdiction.
You acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that you will not participate in any class action against Presdon relating to the Website or these Terms of Use.
You agree that any violation or threatened violation of Presdon’s intellectual property rights or misuse of its confidential or proprietary information may cause irreparable harm to Presdon, for which monetary damages would be an inadequate remedy. Accordingly, Presdon shall be entitled to seek injunctive or other equitable relief to prevent or curtail any such breach or threatened breach, without proving the necessity of actual damages.
The Website may contain links to external third-party websites or resources. These links are provided solely as a convenience and do not constitute an endorsement by Presdon of the content on such sites. Presdon does not control and is not responsible for the availability, accuracy, legality, or content of any such external sites. You acknowledge and agree that your use of any third-party website is entirely at your own risk.
Presdon reserves the right to revise, modify, or update these Terms of Use at any time, with or without prior notice. It is your responsibility to review these Terms periodically. Continued use of the Website following the posting of changes constitutes your acceptance of those changes.
Contact Us
For questions about these Terms, email us at:
[email protected]
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Specializing in the Million-Dollar-Plus properties of Palm Beach, Broward, Miami-Dade, and Martin counties, he represents buyers and sellers with a portfolio that includes luxury buildings, and estates.