Terms of Service
Welcome to Be Smart Land Audit.
- a. Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By accessing the Website, ordering products or services or creating an account and becoming a registered user, you consent to have this Agreement provided to you in electronic form. This Agreement includes any notices regarding the Website. By accessing the Website or creating an account on any of our Websites, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- b. Modification. This Agreement may be modified by Be Smart Land Audit at its sole discretion from time to time, such modifications to be effective upon posting on the Website by Be Smart Land Audit and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement and the referenced policies regularly. This Agreement was last updated December 3, 2015.
- c. Access and Retention. A link to this Agreement will be found on the Website. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
ELIGIBILITY. You must be at least eighteen (18) years of age to register and/or create an account with Be Smart Land Audit or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
NO ADVICE. The information provided on this Website is for reference use only, and does not constitute the rendering of legal, engineering, environmental, financial or other professional advice or recommendations by Be Smart Land Audit. You should seek professional advice before making any decision, judgment, analysis, interpretation, inference, or conclusion about a property or taking any action with regard to a property. Nothing on this Website is a substitute for a detailed property investigation and inspection by a properly trained and certified professional. Nothing on this Website is an opinion or comment on the suitability of a property for purchase, development or any other use. The information and content available through this Website may not be used for any purpose by anyone other than you without the prior written consent of Be Smart Land Audit. Be Smart Land Audit expresses no opinion as to the quality of products or services with regards to the third party provided information or materials, including maps, reports or data, provided on this Website
ACCEPTANCE OF RISKS. You are solely responsible and assume all risk for any decision, judgment, analysis, interpretation, inference or other conclusion made about a property or any action taken with regard to a property based on any information or content available through this Website. You expressly acknowledge that you are making all of your own decisions in connection with any property and that Be Smart Land Audit is not making any recommendations with respect to such property or with respect to any information you disclose or communications that you make on this Website. You also expressly acknowledge that you are subject to a variety of risks related to information that you post or share, which risks are beyond the control of Be Smart Land Audit, and you expressly acknowledge that Be Smart Land Audit is not liable or responsible for those risks, for which you have sole responsibility. You shall be solely responsible for making any decisions regarding the selection of third party services.
WEBSITE CONTENTS. The content of the Website is intended for informational purposes only. Maps, reports, property and land information and other information provided on this website are a compilation of materials and information provided by third party websites. Although Be Smart Land Audit exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies, or omissions. Be Smart Land Audit reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Be Smart Land Audit assumes no liability or responsibility for any errors, inaccuracies, omissions or other defects in the information or content available through the Website. You are solely responsible for evaluating the accuracy, completeness and usefulness of any information or other content available through the Website or obtained from a linked site and are solely responsible for any action you may take based on any information or content available through the Website or obtained from a linked site.
ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Be Smart Land Audit, you are communicating electronically. You thereby consent to receive communications from Be Smart Land Audit electronically. Be Smart Land Audit will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with Be Smart Land Audit and creating an account, you consent to receive newsletters, emails, promotions and other advertisements from Be Smart Land Audit or its partners.
PASSWORD/ACCOUNT SETTINGS. When you create an account and register with Be Smart Land Audit, you will also be asked to choose a password for purposes of accessing the Website, creating and accessing your account, ordering products and/or services and communicating through this account. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to (a) immediately notify Be Smart Land Audit of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Be Smart Land Audit will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
INTELLECTUAL PROPERTY. Be Smart Land Audit owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all products, questionairres, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Be Smart Land Audit or its licensors/suppliers. All software used on this Website is the property of Be Smart Land Audit or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
BE SMART LAND AUDIT, and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Be Smart Land Audit in the U.S. and/or other countries. Be Smart Land Audit’s trademarks and trade dress may not be used in connection with any product or service that is not Be Smart Land Audit’s, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits Be Smart Land Audit. All other trademarks not owned by Be Smart Land Audit that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Be Smart Land Audit. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Be Smart Land Audit.
MATERIALS PROVIDED TO BE SMART LAND AUDIT OR POSTED AT ANY WEBSITE. Be Smart Land Audit does not claim ownership of the materials you provide to Be Smart Land Audit (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively “Submission” or “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Be Smart Land Audit, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Be Smart Land Audit is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Be Smart Land Audit’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LICENSE/SITE ACCESS/PROHIBITED USE. Be Smart Land Audit grants you a limited license to access and make personal use of the Website and the related products and services. Be Smart Land Audit does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Be Smart Land Audit. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any content, including, but not limited to, products, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other users of the Website. You may not: (a) modify or create any derivative work based on the content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the content; (c) transfer the content to another person; or (d) reproduce the content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the content or software. Be Smart Land Audit reserves all rights not expressly granted herein.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to Be Smart Land Audit that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Be Smart Land Audit expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Be Smart Land Audit trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Be Smart Land Audit is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or in writing as required by Be Smart Land Audit.
LINKS TO THIRD PARTY SITES. Be Smart Land Audit or third parties may provide links to other World Wide Websites or resources. Because Be Smart Land Audit has no control over such sites and resources, you acknowledge and agree that Be Smart Land Audit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Be Smart Land Audit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Be Smart Land Audit does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Be Smart Land Audit is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
WARRANTY LIMITATION. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT BE SMART LAND AUDIT (INCLUDING DIRECTORS, MANAGERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS AND INDEPENDENT CONTRACTORS OF BE SMART LAND AUDIT) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BE SMART LAND AUDIT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BE SMART LAND AUDIT DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, CONTENT, REPORTS, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, BE SMART LAND AUDIT HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THE QUALITY OF ANY PRODUCTS OR SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE INFORMATION, CONTENT, MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION, CONTENT, MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH INFORMATION, CONTENT, MATERIALS OR SERVICES. THE FACT THAT BE SMART LAND AUDIT IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL BE SMART LAND AUDIT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, CONTENT, SERVICES, REPORTS, MAPS, TESTS, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, INACCURATE INFORMATION, CONTENT, REPORTS, MAPS, RESULTS, SCORES, RECOMMENDATIONS, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF BE SMART LAND AUDIT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BE SMART LAND AUDIT MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE, OR ANY INFORMATION OR SERVICE OFFERED THROUGH THE WEBSITE IS APPLICABLE AND APPROPRIATE FOR USE OR ACCESS OUTSIDE THE UNITED STATES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BE SMART LAND AUDIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BE SMART LAND AUDIT FOR THE PRODUCTS.
INDEMNIFICATION. You agree to indemnify and hold Be Smart Land Audit, its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from any use of this Website.
FORCE MAJEURE. Be Smart Land Audit shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Be Smart Land Audit, breach of this Agreement by users, and any other events reasonably beyond the control of Be Smart Land Audit.
Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the products/services, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
Entire Agreement. This Agreement contains the entire agreement between you and Be Smart Land Audit regarding the use of the Website.
Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
COPYRIGHT. Be Smart Land Audit respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement on the Website, please provide the following information to Be Smart Land Audit:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Be Smart Land Audit:
Address: PO Box 1505 Englewood FL 34295
Please contact us with any questions regarding this Agreement.