TERMS-OF-USE AGREEMENT

Direct From Developer LLC (“DFD”) welcomes you to directfromdeveloper.com. We ask that you read the following terms of use that cover your use of this site and any transactions that you enter into arising out of or in any way related to this site (“Agreement”). By accessing, viewing, or using this site, you acknowledge that you have read, understand, and agree with these terms. if you do not wish to be bound by these terms, please do not use this site. Your use of this site confirms your agreement with these terms.

DFD introduces real estate opportunities to buyers and investors (“Buyers”).The services that we provide to Buyers is governed by the terms that are outlined below.

GENERAL TERMS

DFD is a licensed real estate broker in Florida and Michigan only. As such, DFD is licensed to act as a real estate broker for real estate located in Florida and Michigan only.

As to real estate located outside of these two jurisdictions, DFD solely introduces real estate opportunities to Buyers and makes a professional introduction between you and a real estate agent or firm (cumulatively, “Real Estate Professional”) in the relevant jurisdiction. You understand that while DFD may refer a Real Estate Professional to you, we do not perform or offer real estate brokerage services for real estate located outside of Michigan and Florida. Any real estate brokerage activities for real estate located outside of Michigan and Florida are performed by a Real Estate Professional. We do not endorse, recommend or otherwise know the terms of any agreement between you and a given Real Estate Professional. Nor do we endorse or recommend any Real Estate Professional, and you should conduct your own research on same.

You understand that for our services we may receive payment (a referral fee) that may be a percentage of the commission received by the relevant Real Estate Professional involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the Real Estate Professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

When the time is right, we may make a professional introduction between you and a Real Estate Professional. This introduction involves sharing the contact information of each party with the other. When you submit information to DFD, you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us or a Real Estate Professional via phone, email, mail or other reasonable means.

Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a Real Estate Professional.

DFD is not a law firm, tax firm or CPA firm. DFD does not provide legal, accounting or tax advice. Any legal, accounting or tax information on the site is for information purposes only, and does not constitute legal, tax or accounting advice. Always engage an expert for advice on these matters. DFD doe not guarantee the accuracy or reliability of any information or materials available on the site, and is not responsible for any errors, misrepresentations, omissions, inaccuracies or outdated information or materials. You should independently verify all information or materials on the site with the relevant developer/seller of the property or experts in the relevant field including, and in each jurisdiction/city, a Real Estate Professional, attorney, CPA, accountant or other relevant expert.

USE OF SITE

This website is provided to introduce real estate opportunities to Buyers. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
any advertisement, solicitation, spam, chain letter, or other similar type of information;
any encouragement of illegal activity;
unauthorized use or disclosure of private, personally identifiable information of others; or
any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

SITE CONTENTS AND OWNERSHIP

You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the contents. DFD does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTIES

You expressly agree that use of this website is at your sole risk. Further, use of DFD’s ’s services, or the services of any Real Estate Professional, is at your own risk. Neither DFD, its affiliates, nor any of their officers, directors, brokers, employees, agents, third-party content providers, or members (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the materials or any information on the website.

Again, the materials and information on the website may contain errors, omissions, inaccuracies, or outdated information. Accordingly, we do not guarantee the accuracy or reliability of any information or materials available on the website, and we are not responsible for any errors, misrepresentations, omissions, inaccuracies or outdated information or materials on the website. Any information or materials on the website should be independently verified.

THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE (AND ALL SERVICES IN ANY WAY ASSOCIATED WITH THIS SITE WHETHER PROVIDE BY DFD OR A REAL ESTATE PROFESSIONAL) ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. DFD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE, OR THE SERVICES PROVIDED BY DFD OR A REAL ESTATE PROFESSIONAL. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DFD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, OR ANY SERVICES OFFERED OR PROVIDED BY DFD OR ANY REAL ESTATE PROFESSIONAL , OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NO GUARANTEES OR ENDORSEMENTS, RELEASE AND WAIVER OF LIABILITY.

We make no guarantees, warranties or representations regarding the skills or undertakings of any Real Estate Professional that we introduce to you, or the quality of the services that he, she or the relevant brokerage firm may perform for you if you elect to retain their services; or purchase real estate in the relevant jurisdiction. DFD does not endorse or recommend the services of any Real Estate Professional.  Nor do we independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the relevant Real Estate Professional’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Real Estate Professional for brokerage services. We do not guarantee or warrant (or make any representation concerning) any Real Estate Professional’s performance or the outcome or quality of the services performed. The Real Estate Professionals are not employees or agents of DFD, nor is DFD an agent of any Real Estate Professional. DFD is not (and shall not be) liable in tort (or otherwise) for any claim of negligent selection (or related or similar claim) in respect of a Real Estate Professional and you expressly waive any claims, actions, damages or rights in relation thereto.

YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE DFD, its brokers, members, directors, agents, officers, or employees (each of the forgoing shall be considered one of the RELEASEES herein), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING (BUT NOT LIMITED TO) ANY ALLEGED CLAIM OF NEGLIGENT SELECTION OF A REAL ESTATE PROFESSIONAL.

No contractual arrangement is created based upon us introducing a Real Estate Professional to you. You must work directly with the relevant Real Estate Professional. DFD does not perform, and is not responsible for, any of the services provided by a Real Estate Professional. Your rights under contracts you enter into with Real Estate Professionals are governed by the terms of such contracts and by applicable laws. DFD is not a party to such agreements.

Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Real Estate Professional, you must address such dispute with the Real Estate Professional directly. YOU HEREBY AGREE TO RELEASE DFD (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, MEMBERS, BROKERS AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO ANY DISPUTES OR DEALINGS WITH REAL ESTATE PROFESSIONALS, INCLUDING ANY CLAIM OF NEGLIGENT SELECTION OF THE RELEVANT REAL ESTATE PROFESSIONAL.
LIMITATION OF LIABILITIES

YOU AGREE THAT DFD AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, INJURY OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE (OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR THOSE OF A REAL ESTATE PROFESSIONAL) REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL DFD OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) OR INJURY, ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE (OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR THOSE OF A REAL ESTATE PROFESSIONAL), YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR SERVICES OBTAINED THROUGH OR RELATED TO THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF WHETHER DFD (OR ANY REAL ESTATE PROFESSIONAL) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DFD, its affiliates, agents, employees, members, and brokers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

LIMITATIONS ON CLAIMS

Any cause of action you may have with respect to your use of this site (or any services in any way related thereto) must be commenced within one year after the claim or cause of action arises.

You also agree to the following: IN NO EVENT SHALL DFD (OR THE PROVIDERS) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO $1,000.

TERM AND TERMINATION

Without limiting its other remedies, DFD may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by DFD. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by DFD. DFD does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that DFD or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of DFD or any of its affiliates or subsidiaries. DFD is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. DFD reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions.

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. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to DFD.

You also agree to the following DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER: Instead of suing in Court, you and DFD agree to arbitrate all disputes between you and DFD or any of DFD’s agents, representatives, members, employees, or brokers, on an individual basis, not on a class-wide or consolidated basis. The Federal Arbitration Act applies to this Agreement, the Arbitration provision, and all questions of whether a dispute is subject to Arbitration. Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of DFD’s residence. WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each WAIVE ANY RIGHTS TO BRING A CLASS ACTION OR CONSOLIDATED ACTION. The seat of any Arbitration will be Michigan.

DFD makes no representation that the materials (or its services) are appropriate outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between DFD and you with respect to this website (or any services in any way related thereto), and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DFD with respect to this website (or any services in any way related thereto). No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise these terms at any time and you agree to be bound by the revised terms. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to the terms from time to time to review the most current version. DFD does not and will not assume any obligation to notify you of changes to these terms.