your acceptance of the updated policies.
There are three types of Users of the Services, each of whom must create an Account by completing Registration and filling out a Profile;
You must be:
Registration. All Users must register for the Services to see Properties and submit Content, as may be required by our licenses with Sellers or third party service providers. You are responsible for all activities related to the Services that occur through your account and password (“Registration Credentials”). It is your responsibility to keep your profile information accurate. You agree to keep your password confidential, not use others' accounts, not permit others to use your account, nor register on another person or entity’s behalf. Nukondo reserves the right to terminate accounts in its sole discretion. Nukondo is not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Nukondo immediately after you become aware of any unauthorized use or potential unauthorized use of your Registration Credentials, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
Nukondo agrees to provide you online access via the World-Wide-Web to the Licensed Content and the Sites for
the duration of the current viewing session. You acknowledge that you will be required to execute a new Agreement
upon your next visit to the Sites. You agree not to attempt to access the Site after the termination of this
Agreement and the license granted herein.
License. Nukondo hereby grant you a revocable, limited, nonexclusive license during the term of this Agreement to duplicate, distribute and display the Licensed Content and the Sites, solely for your personal, non-commercial use, and subject to the limitations set forth in this Agreement. Nukondos grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this Agreement are reserved.
Limited Use. You will not:
License Revoked. Your license to use the Licensed Content and the Sites is immediately revoked, without notice from Nukondo, in the event that you breach any provision of this Agreement.
Trademarks Nukondo, the Nukondo logos and other Nukondo trademarks, service marks, graphics, and logos used in connection with Nukondo are trademarks or registered trademarks of Nukondo in the U.S. and/or other countries. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with Nukondo may be the trademarks of their respective owners.
Data Developers’ Data on our Sites is the property of the individual Developers providing the data. These Developers have granted Nukondo the necessary licenses to display the Developers Data on the Sites. Some require us to display certain licensing information about their Developer Data; this information can be found in Section 15 below. You acknowledge that the Seller, which supplies the real estate data, owns such data and you acknowledge the validity of the Sellers's copyright to such data.
Patents One or more U.S. Patents may apply to the Services, including without limitation U.S. Patent Application Nos. 62/157,207 05/05/2015, and 15/138,777 11/10/2016. Certain activities provided via the website may be licensed under U.S. Patent Nos. 7,584,167, 7,945,530, and 8,630,974.
Other Intellectual Property Nukondo also owns trade secrets and know-how that contribute to the functionality of the Services, and licenses the Software pursuant to this Agreement.
Webscraping of Listing & Property Data Is Not Allowed Crawling the Sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Nukondo.
Reservation of Rights Except for the limited license granted above, Nukondo reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
Information Aggregation Nukondo is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Nukondo from Sellers, third-party service providers (as is in the case of Google Maps) or was obtained through publicly available government sources. Issues of data accuracy may be brought to the our attention by sending feedback, but unless it is a technical issue with the Sites, it is likely that such information can only be corrected by the entity or person that submitted such information to the Sites. For example: incorrect listing information can only be changed by the third party listing under our terms with the Sellers.
No rights granted in intellectual property or content Nothing contained on the Sites should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trade-marks, logos, or other names, or other intellectual property used on or in connection with the Site, including, but not limited to, those identifying Nukondo, Developers and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Sites, without the expressed written consent of the applicable rights holder (hereinafter “Content”). You do not acquire any ownership rights of any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.
Your limited rights with respect to Content You may not copy and/or store Content on your Device which was made accessible to you exclusively through the Services, unless it is a communication purposely directed at you. You may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that Nukondo, its affiliates, providers and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law. Additionally, the Sites may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Master Developer and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of is granted to or conferred upon you.
Prohibited use of the site and content Your use of the Sites and Content must comply with this Agreement, all applicable laws and all applicable Nukondo policies. Without limitation, you may not use the Sites to directly or indirectly:
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
When you use the Services, you must comply with the Broker Registration Agreement set forth below:
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about condos you might be interested in), you agree that Nukondo may communicate with you through the contact information associated with your Nukondo account or the Sites, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from Nukondo. Nukondo has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests or accept meetings for sales center meetings, project or condo tours, development sales agent contact, assistance in buying a condo or other requests. By making those requests, you authorize Nukondo to share your personal information including your search history, favorites and inquiries made, with Nukondo and/or a real estate professional (a Nukondo Agent or staff member, or a Partner Agent, as defined below). When you make such a request to Nukondo you are extending an express invitation for Nukondo, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage firm that represents the exclusive sales of the Development Project or directly as in house sales team with the Developer, but has teamed up with us to provide Nukondo-quality service to a wider range of customers. We will refer you to a Partner Agent in our discretion.
You may deactivate your account at any time. After you deactivate your account, you will no longer have
access to the Services. If you'd like to deactivate your account, please send an email to firstname.lastname@example.org.
Nukondo may terminate this Agreement or your account at any time, with or without notice. All Payments due
to Nukondo shall not be discharged in the event of termination by you or Nukondo, for any reason.
Effect on Termination. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access the Sites. The terms of Sections 2 of this Agreement shall survive its termination.
You agree to indemnify Nukondo and hold Nukondo harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws or misrepresents the Properties, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Nukondo Sites or using the Nukondo Services. Nukondo shall have no liability to any Users as fully disclaimed herein.
NUKONDO PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUKONDO DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LICENSORS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY NUKONDO OR ANYTHING RELATED TO NUKONDO, YOU MAY DEACTIVATE YOUR NUKONDO ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. NUKONDO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR POSSIBLE ERRORS ON THE SITES, INCLUDING BUT NOT LIMITED TO INCORRECT MEASUREMENTS, IMPROPER CLASSIFICATION OF ROOMS AND FEATURES ACCORDING TO LOCAL ZONING CODES, INCORRECT STATUS WITH REGARD TO AVAILABILITY FOR SALE, INCORRECT PHOTOGRAPH, RENDERING AND/OR FLOORPLAN, AND INCORRECT INFORMATION ABOUT IMPROVEMENTS, AMENITIES AND FINISHES, INCORRECT INFO ABOUT PRICES, SCHEDULES AND DEPOSITS. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. NUKONDO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, NUKONDO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. NUKONDO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. NUKONDO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, NUKONDO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NUKONDO OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS
OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES
IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS
AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF
WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IN THE EVENT THE LIMITATIONS SET FORTH IN THIS SECTION ARE
HELD BY ANY COURT TO BE UNENFORCEABLE, NUKONDOS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES
OF ANY KIND IN EXCESS OF $500.
NUKONDO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE TIMELINESS, COMPLETENESS OR ACCURACY OF INFORMATION PROVIDED BY ANY REAL ESTATE DEVELOPER, BROKER, AGENT, APPRAISER OR OTHER REAL ESTATE- OR REAL-PROPERTY-RELATED SERVICE PROVIDER ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY REAL PROPERTY EVALUATION OR OTHER RELATED SERVICES. NUKONDO HAS TAKEN REASONABLE MEASURES TO VERIFY THE ACCURACY OF THE INFORMATION CONTAINED ON NUKONDO. NOTWITHSTANDING, PRICES AND SPECIFICATIONS ARE CONSTANTLY CHANGING. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL NUKONDO OR ITS AFFILIATES, NUKONDOS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOU INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY. IF YOU ARE AN OFFICIAL REPRESENTATIVE OF A LISTED DEVELOPMENT, AND NOTICE ANY INACCURACIES, NUKONDO MUST BE INFORMED IMMEDIATELY IN ORDER TO RECTIFY THE INFORMATION IN A TIMELY MANNER. PRICES AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ILLUSTRATIONS ARE ARTIST'S CONCEPT.
Any claim or controversy arising out of or relating to the Services or any acts or omissions for which you may
contend Nukondo is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator
under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The
arbitration shall be venued in Miami, Florida. The arbitrator shall be selected pursuant to the AAA rules or from
a list of arbitrators provided by Nukondo. Filing and other non-award costs will be paid for, in equal shares, by
both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration
process, a party must make a written demand. Should any State or Federal law conflict with the above rules for
resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the
enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to
severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered
by the arbitrators may be entered in any court of competent jurisdiction in Miami, Florida. The arbitrators shall
not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and
shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably
waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or
consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party,
regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Nukondo, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami-Dade, Florida without regard to the choice of law and conflicts of law provisions thereof.. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
Users acknowledge and agree that Nukondo’s principle stream of revenue is generated by introducing Seller and Buyer.
Nukondo only is compensated when Buyers and Sellers pay and receive payment through the Sites.
Therefore, for 12 months from the time Users are introduced through the Services, both must use Nukondo as
their exclusive method to request, make, and receive all payments for work directly or indirectly with that
party or arising out of the relationship with that party.
Users agree not to circumvent payment through the Site. By way of illustration and not in limitation of the foregoing, Users are prohibited from:
If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to Nukondo. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
It is expected that all users of any part of the Services will comply with applicable copyright laws.
However, if Nukondo is notified of claimed copyright infringement, or otherwise becomes aware of facts
and circumstances from which infringement is apparent, it will respond expeditiously by removing, or
disabling access to, the material that is claimed to be infringing or to be the subject of infringing
activity. Nukondo will comply with the appropriate provisions of the DMCA in the event a counter
notification is received by its Designated Agent.
Under appropriate circumstances, Nukondo will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact Nukondo and provide information sufficient for us to verify that the user is a repeat infringer.