Terms and Conditions

Terms and Conditions policy

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the latamandcaribbeanrealestatespot.com website (“Website”), “My mobile application” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and The Americas RE (“The Americas RE”, “we”, “us” or “our”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your”, shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and The Americas RE, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Accounts and membership

You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information, or material (collectively, “Content”) that you submit on the Services while using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products at any time.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

About our Services

The Americas RE provides neutral advertising services (“Services”) to real estate listing parties such as property owners, agents, agencies, developers, landlords, landlord representatives, property managers, brokers, sub-lessors (“Listing Parties”) and potential buyers and renters of those listings (“Buying Parties”). Even though we offer our website users access to the support of local real estate third-party service providers, these services are solely intended to provide professional assistance to website users throughout their own real estate process. This may be a valuable source of support to help Listing and Buying parties in making sound informed decisions among themselves while analyzing, discussing, negotiating, agreeing, and proceeding to the final execution of their transactions. Both Listing and Buying parties, as users of the Website will have access to find and exchange related information with the purpose of directly discuss, negotiate, reach agreements, and arrange transactions with one another. As a neutral venue, The Americas RE does not provide real estate brokerage services in connection with your property listings. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with such one. The Americas RE does not do property showings; nor sales, rental, or lease contract negotiations; nor counsel parties into reaching real estate agreements and transactions. The Americas RE shall not be considered to have any brokerage, agency, or fiduciary relationship whatsoever, with any user of this Website or its services. We strongly advise website users to seek professional counselling from experienced real estate consultants and / or attorneys while going through negotiations until executing any real estate transaction. We neither make verification of information submitted by users to the website, nor make representations of advertised property listings on the Website, of listing parties who present such properties and who are solely responsible for the accuracy and legitimacy of corresponding information and details, nor of prospective buyers or renters who are solely responsible about the accuracy of their contracting, financial, and resources status and legitimacy to support real estate transactions. The Americas RE does not conduct any screening or investigation about the existence, legality, safety, state, or quality of advertised property listings, nor about individuals’ identity, creditworthiness, rental history, net-worth legitimacy. The ability of real estate listing and buying parties to enter into agreements and transactions is their solely responsibility. We strongly advise users of the website and its services to exercise due diligence, seek real estate professional and legal counseling, verify accuracy and legitimacy of all information, conduct throughout viewing of properties, abstain from sharing sensitive not required confidential information, and abstain from doing purchasing payments directly to sellers but through reputable escrow agents or otherwise specified by assigned real estate attorneys.

Rental Listings

For rental transactions, whether they are categorized as of “Short-Term”, or “Long-Term” types, potential renter users of the website acknowledge that when submitting a rental application by any means through the website, all information submitted with their applications is subject to our Privacy Policy, Terms of Use, and Protection of Personal Information policies. Your submitted information will be visible to listing parties associated with the referred properties and will be used to evaluate your candidacy as a tenant applicant. When you decide to submit an offer for a rental property listing of the “Short-Term” and “Long-Term” types, you confirm it is a firm offer you are comfortable with, that you have determined its appropriateness accordingly with the property’s state, requirements, and circumstances, and understand that the submittance of the highest offer to a listing party does not guarantee its acceptance and approval. You also acknowledge to be aware about its legal binding to a rental agreement with the listing party, for which you will stay obligated to pay all associated fees to The Americas RE and to the listing party.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against The Americas RE, its owners, affiliates, directors, officers, employees, agents, suppliers or licensors with respect to such other services. The Americas RE is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting The Americas RE to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and its Content; however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data if backups do not function properly. We will do our best to ensure complete and accurate backups but assume no responsibility for this duty.

During your use of the Services, you may interact, communicate, or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and its terms, conditions, warranties, or representations associated is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any of such activities between you and third parties.

Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, The Americas RE will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Service modifications

With purpose of improving Site’s Services and Users’ experience, we reserve the right to do modifications, upgrades, or temporary interruptions partially or totally to the Services and shall not be liable to you or any third-party when we do so. Such modifications can include, but are not limited to, any change to the Site or its content, changes to the Site’s functionality and / or its administrative features, modification of the Site’s theme design, appearance, and look, changes to the format of property listings or to any other Site’s element. Should you object to any of these modifications, you shall stop using the Services. Your continued use of the Services shall indicate your acknowledgment and satisfaction with the Services including such latest upgrades and /or modifications.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by The Americas RE or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with The Americas RE. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of The Americas RE or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of The Americas RE or third-party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim 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. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we 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 the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained using 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. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions executed through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will The Americas RE, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of The Americas RE and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to The Americas RE for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold The Americas RE and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Hamilton, Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the website’s contact form, or send an email to support@website.com.

This document was last updated on June 26, 2021.

Terms and Conditions