TERMS OF USE

These Terms of Use were updated on March 15, 2018. Your continued use of the Services constitutes your acceptance of the updated policies.

Nukondo, LLC (“Nukondo” “we” or “our”, including our personnel) provides this Terms of Use (the “Terms of Use” or “Agreement”) to let persons who register on our Site (“Users”) and/or access our Site without registering (“Visitors”)(collectively, Users and Visitors may be referred to as “you” “your”, where applicable, and Visitors may include Users, but Users will not include Visitors) know our policies and procedures regarding the collection, use and disclosure of information through Nukondo.com (the “Website”) or the Nukondo Mobile Application (the “App”) (collectively, the "Site(s)"), and any other features, applications, or online services that are owned by Nukondo and that post a link to this Terms of Use (collectively with the Privacy Policy, the Sites, the “Service(s)”). All capitalized terms herein may be defined before or after the term’s first appearance in this Agreement.

  1. Terms of Use Overview
    1. There are three types of Users of the Services, each of whom must create an Account by completing Registration and filling out a Profile;
      1. Buyers. Buyers are entities or individuals who are looking to purchase of new condominiums (“Properties”) through the Services. Buyers may include Realtor(s) or representatives of Buyers. Buyers submit “Inquiries” through the Sites to visit sales centers of Properties. Before we can show you renders, picture, floorplans and prices of listed or sold condos, or information on active projects from Nukondo Developers and Development Sales Teams, our data providers require you to acknowledge that you're considering Nukondo as your real estate agent.If you buy a Property through the Services, then you will need to enter into a separate buyer agreement with the Seller to execute the purchase of the Property.You are entering into a lawful consumer-broker relationship with Nukondo as defined by applicable state law. You have no obligation to work with Nukondo or purchase a Property, and you can terminate your account with Nukondo any time. Any information you obtain from the Sites is intended for your personal, non-commercial use.You acknowledge Nukondo as procuring cause acting as transaction broker if you purchase a Property researched and contacted through the Services.
      2. Brokers. Brokers are the exclusive listing agent for the Development Project. When Brokers receive Inquiries through the Services, their Broker obligations relating to the Buyers and Nukondo attach with respect to the purchase of the Property inquired about (“Instant Transaction”). If you register as a Broker, you will be required to provide a copy of your license as well as any agreements relating to your representation of Developers.
      3. Developers. Developers are the builders of the Properties (“Brokers” and “Developers” collectively referred to as “Sellers”).Nukondo also explicitly authorizes Developer employees, Developer members, or their duly authorized representatives to access the Sites for the purposes of uploading and verifying the accuracy of the data they provide and monitoring the display of Developers' listings on the Sites.
  2. Who Can Use the Services
    1. You must be:
      1. at least the age 18, unless the age of majority in the state where you live to use the Services is older; and,
      2. Accept this Terms of Use agreement and the Privacy Policy. If you are representing an individual or entity other than yourself but for which you have been granted express approval for by virtue of your employment or legal relationship, you are responsible for such individual or entity’s use.
    2. 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.
  3. Intellectual Property Ownership and License
    1. 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.
    2. 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.
      1. Limited Use. You will not:
        1. Use the Sites, Licensed Content, or both for any purpose other than a personal, non-commercial one;
        2. You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of Properties.
        3. Disclose any of the Licensed Content, including factual content, to any third party except in furtherance of your personal real estate transaction, and then only to the extent necessary;
        4. Gather, or attempt to gather, by any automated means, including "screen scraping" or "database scraping," factual content or any other portion of the Licensed Content from the Sites; or,
        5. Employ the Licensed Content, the Sites, or both for any unlawful purpose.
    3. 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.
    4. Copyright All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Nukondo or are licensed by Nukondo for use on the Sites. Our site features Google Maps, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
    5. 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.
    6. 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.
    7. 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.
    8. Other Intellectual PropertyNukondo also owns trade secrets and know-how that contribute to the functionality of the Services, and licenses the Software pursuant to this Agreement.
    9. Webscraping of Listing & Property Data Is Not Allowed. Crawling the Sitesis 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.
    10. Restrictions. Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the Nukondo name or trademarks without our specific permission. We may revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.
    11. 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.
    12. 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.
    13. Walk Score.
    14. Transit Score.
    15. Legal capacity You affirm that you have attained the age of majority in the jurisdiction in which you are resident and accessing the Sites, whichever greater, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You may not use the Sites if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
    16. 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.
    17. 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.
    18. 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:
      1. invade another person's privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
      2. "stalk" or otherwise harass another person;
      3. meet or propose to meet Users through the Services for any other purpose than to buy and sell Properties;
      4. harm minors;
      5. unlawfully promote or incite hatred; or,
      6. impersonate any person or entity, including, but not limited to a Nukondo official, a Buyer or a Seller, or falsely state or otherwise misrepresent your affiliation with a person or entity.
    19. Third party content
      1. Third Party Content. You acknowledge that, despite the prohibitions, Content posted on the Sites by other Users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other websites. We do not have control over Content provided by third parties or Users, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk.
      2. Third Party Web sites. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.
      3. Linking and Framing Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Sites on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Sites full-screen and not within a "frame" on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.
  4. Equal Housing Opportunity

    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.

  5. Your Submissions and Community Guidelines
    1. Material You Submit You may submit contact requests, feedback, ideas, reviews, comments, photos, or other content to the Sites ("Submissions"). You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, including our Community Guidelines, or the rights of any third party. You are solely responsible for your Submissions. Nukondo may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.
    2. License
      1. You grant Nukondo a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Nukondo may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Nukondo a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Nukondo, without any further consent, notice and/or compensation to you or to any third parties.
    3. Disclaimer Nukondo takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through theServices is at your own risk. Therefore, if you have an idea or information that you wouldlike to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not submit it or make it accessible through the Sites. NUKONDO IS NOT RESPONSIBLE FOR ANOTHER'S REPRODUCTION, MISUSE OR MISAPPROPRIATION OF ANYTHING YOU SUBMIT TO OR POST THROUGH THE SERVICES.
  6. Payment Policy
    1. When you use the Services, you must comply with the Broker Registration Agreement set forth below:
      1. Brokers. When you register to use the Services and receive an Inquiry through the Sites, or have reason to believe that a Buyer is requesting a meeting to visit the Property or the sales center outside of the Sites, you recognize Nukondo as the procuring cause of the Instant Transaction.
      2. By using the Services, Brokers acknowledge and agree to cooperate with Nukondo and that if Buyers enters into a binding contract for the purchase and sale of the Property, at or within 10% of the price listed on the Sites, within ninety (90) days from the date of the respective Inquiry, and the sale of the Property closes, the Broker will cause Nukondo to be paid a commission equal to four percent (4%) of the Net Purchase Price (as hereinafter defined) of the Property, said commission to be earned only upon Buyer’s closing on title to the Property and to be paid as follows:
        1. an advance of fifty percent (50%) of the anticipated commission within thirty (30) days following the Buyer’s execution (and Seller’s acceptance) of a purchase agreement, deposit of the earnest money required by Seller at execution of the purchase agreement (and clearance of the deposit), and expiration of the initial fifteen (15) day rescission period (without Buyer’s electing to cancel the purchase agreement); and
        2. the balance of the commission, within thirty (30) days following the date Buyer closes on title to the Property and Developer receives, in cleared funds, the full sales proceeds.
      3. In the event that the Buyer does not enter into a binding contract for the purchase and sale of the Property within the Registration Period, this Registration shall be null and void and of no further force or effect and Nukondo shall not be entitled to receive any commission hereunder, unlessBuyer later enters into a binding contract for the Property, or another property within the same Development Project, with or without Nukondo. Nukondo understands and agrees that no commission is payable with respect to Buyer’s entering into a reservation agreement.
      4. For purposes hereof, “Net Purchase Price” means the actual purchase price paid in full by the Buyer pursuant to an executed and consummated purchase contract, EXCLUDING: (i) any charges for acquiring rights for parking, storage, cabanas, guest suites or other optional appurtenances to a Property, if any are offered, (ii) any charge for equipment, furnishings, appliances, additional appurtenances, decorations and/or upgrades, (iii) any closing costs and/or development fee in addition to the purchase price paid by the Buyer pursuant to the purchase agreement for the Property and (iv) any transfer, gains or similar taxes paid directly by a Buyer. Nukondo expressly understands and agrees that the amount of any discount or credit against the purchase price and/or any allowance or concession or payment of other costs and fees stipulated by the purchase agreement, and/or granted to Buyer at or prior to closing shall be DEDUCTED from the purchase price for purposes of determining the Net Purchase Price.
      5. Nukondo shall not be paid any commission if the sale of the Property fails to close, including, without limitation, the default of Developer or the failure of any contingency or condition precedent set forth in the purchase agreement or as a result of any right of cancellation that Buyer may have, unless Broker diverts Buyer to purchase another property within the same Development Project. In the event that the purchase agreement is cancelled and/or the sale fails to close for any reason whatsoever, then such portion of the applicable commission with respect thereto as has been previously advanced to Nukondo shall be credited against the commissions next coming due to Nukondo from this or any other Property within the Development Project, if any, or, upon demand by Sellers, shall be immediately repaid by Nukondo to Sellers, as directed.
      6. This Registration Agreement sets forth the entire agreement between Nukondo and Sellers related to the subject matter herein and shall not be altered, modified or amended unless such alterations, modifications or amendment is set forth in writing and signed by all parties.
  7. How Nukondo May Communicate with You
    1. 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.
  8. Third Party Sites
    1. Nukondo may include links to third party websites ("Third Party Sites") in its Services, including links to Third Party Sites from our Open Book Directory. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Nukondo is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
  9. Termination
    1. 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 info@nukondo.com. 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.
    2. 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.
  10. Indemnification
    1. 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.
  11. Disclaimers
    1. 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.
  12. Limitation of Liability
    1. 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 PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST NUKONDO OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND 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.
    2. 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.
  13. Dispute Resolution
    1. 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.
    2. 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.
  14. Non-Circumvention
    1. 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.
    2. Users agree not to circumvent payment through the Site. By way of illustration and not in limitation of the foregoing, Users are prohibited from:
      1. Submitting Inquiries or soliciting other Users introduced by Nukondo to contact, hire, work with, or pay without abiding by the payment policy hereinNukondo.
      2. Accepting proposals or solicit parties introduced by Nukondo to contact, deliver services, invoice, or receive payment without Nukondo.
      3. Invoicing or reporting through Nukondo an invoice or payment amount lower than that actually agreed between Users, or to delay the execution of sales or closing documents to avoid making payments to Nukondo.
      4. Users agree to immediately contact Company, if another person improperly contacts a user or suggests making or receiving payments without Company. If a user is aware of a breach or potential breach of this non-circumvention agreement, users must submit a confidential report by sending an email message to.
  15. Additional Legal Terms
    1. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision and the other provisions shall remain in full force and effect.
    2. Notices You may contact us here. Or via mail or courier at: Nukondo Corporation ATTN: Legal Department, 1951 NW 7th Avenue, Suite 600, Miami, Florida 33136.
    3. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you, Nukondo and any other User as it relates to the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Nukondo services.
    4. Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.Nukondo.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 9 (Termination).
    5. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
    6. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
    7. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Nukondo for any third party that assumes our rights and obligations under this Agreement.
    8. Alpha and Beta Testing The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and Nukondo, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
    9. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
    10. Complaints Regarding Content Posted on the Sites For non-copyright complaints, you may notify us here.
    11. International Matters Nukondo is controlled and operated from Nukondo's United States offices in Florida. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access Nukondo do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from Nukondo, is further subject to United States export controls. No Services, including software from Nukondo, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
    12. New York NOTHING CONTAINED HEREIN IS INTENDED OR SHALL BE DEEMED TO BE AN OFFER TO SELL REAL ESTATE OR REAL ESTATE SECURITIES TO RESIDENTS OF THE STATE OF NEW YORK. IN FURTHERANCE OF THE FOREGOING, NUKONDO HEREBY DISCLOSES THE FOLLOWING: (A) THE PRINCIPAL(S) TAKING PART IN THE PUBLIC OFFERING OR SALE ARE NOT INCORPORATED IN, LOCATED IN, OR RESIDENTS IN THE STATE OF NEW YORK, (B) THE OFFERING IS NEITHER MADE IN THE STATE OF NEW YORK NOR MADE TO THE RESIDENTS OF THE STATE OF NEW YORK, (C) THE OFFERING IS NOT DIRECTED TO ANY PERSON OR ENTITY IN THE STATE OF NEW YORK BY, OR ON BEHALF OF, NUKONDO OR ANYONE ACTING WITH ITS KNOWLEDGE; AND (D) NO OFFERING OR PURCHASE OR SALE OF THE SECURITY OR ANY UNIT SHALL TAKE PLACE AS A RESULT OF THIS OFFERING IN NEW YORK OR WITH A RESIDENT OF THE STATE OF NEW YORK, UNTIL ALL REGISTRATION AND FILING REQUIREMENTS UNDER THE MARTIN ACT AND THE NEW YORK ATTORNEY GENERAL’S REGULATIONS ARE COMPLIED WITH; A WRITTEN EXEMPTION IS OBTAINED PURSUANT TO AN APPLICATION IS GRANTED PURSUANT TO AND IN ACCORDANCE WITH COOPERATIVE POLICY STATEMENTS #1 OR #7; OR A “NO-ACTION” REQUEST IS GRANTED.
    13. Complaint Regarding Copyright Infringement If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information:
      1. Your name, address, phone number, and email address, so that we can reach you.
      2. Identification of the copyrighted work(s) you believe to be infringed.
      3. Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL).
      4. A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate.
      5. A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law.
      6. A physical or electronic signature; and.
      7. Send your infringement notices to:

        Copyright Agent
        Nukondo Legal Department
        1951 NW 7th Avenue, Suite 600
        Miami, FL 33136
        Email: info@nukondo.com

      8. 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:
        1. Your physical or electronic signature.
        2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
        3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
        4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which Nukondo may be found, and that you will accept service of process from the person who notified Nukondo of the alleged infringement or an agent of such person.
    14. 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.
    15. 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.
Logo