Terms and Conditions
Real estate information submitted, and any use of submitted real estate information available to Doyno Realty, Inc’s web site is subject to the following terms and conditions. Anyone submitting information and/or accessing information to Doyno realty, Inc.’s website, therefore agrees to the following TERMS and CONDITIONS. These TERMS and CONDITIONS are a legal agreement between anyone using and/or submitting information to this website, and Doyno Realty, Inc.
If you DO NOT AGREE to these TERMS and CONDITIONS, DO NOT submit information to, and/or ACCESS information from, Doyno Realty, Inc.’s website. All questions concerning this Agreement should be directed to: Chief Executive Officer, Doyno Realty, Inc., 9040 Town Center Parkway, Suite 110, Bradenton, Fl. 34202. The terms and conditions of this web site may be updated at any time without notice. The web site at all times has the latest version of the terms and conditions of Doyno Realty, Inc.’s website.
Displayed Listings
Listings that are displayed on Doyno Realty, Inc.’s website are comprised of Doyno Realty, Inc.’s contracted listings with their principles, other real estate Broker listings as obtained through IDX agreements with Multiple Listing Service Boards and/or Associations, and submitted listings from property owners and/or other licensed real estate Brokers that are in agreement with our listing submission policies.
Submission and Compensation of Listings by Property Owners and/or Other Brokers
Property Owners
Property owners agree that Doyno Realty, Inc. may display their property on doynorealty.com website with the expectation that a buyer will be procured to purchase the property. Doyno Realty, Inc. may or may not represent the Buyer and/or Seller. A compensation agreement and notification of listing with another Broker notice must be in place between the property owner and Doyno Realty, Inc. prior to any display of the owner’s property on doynorealty.com.
No compensation will be due to Doyno Realty, Inc. if property is sold to any Buyer not introduced by DoynoRealty.com and/or Doyno Realty, Inc. or its agents. If doynorealty.com, Doyno Realty, Inc. or any of its agents introduces a Buyer who successfully enters into a contract to purchase the owners property, the property owner agrees to compensate Doyno Realty, Inc. a referral fee equal to 2% of the total sales price for commercial property and 3% of the total sales price for residential property. If Doyno Realty, Inc. cooperates with another real estate Broker who introduces the Buyer, the property owner agrees to pay a total referral fee of 3% of the total sales price for commercial property and 4% of the total sales price for residential property, which will be apportioned between Doyno Realty, Inc. and the other Broker.
Other Brokers
Other real estate Brokers agree that Doyno Realty, Inc. may display their property listings on doynorealty.com website with the expectation that a buyer will be procured to purchase the property. Doyno Realty, Inc. may or may not represent the Buyer. A notification of display of owner’s property on doynorealty.com form must be in place between the property owner and the other broker and submitted to Doyno Realty, Inc. prior to any display of the owner’s property and other Brokers listing on doynorealty.com.
No compensation will be due to Doyno Realty, Inc. if property is sold to any Buyer not introduced by doynorealty.com and/or Doyno Realty, Inc. or its agents. If doynorealty.com, Doyno Realty, Inc. or any of its agents introduces a Buyer who successfully enters into a contract to purchase the owners property, the other Broker agrees to compensate Doyno Realty, Inc. a referral fee equal to 2% of the total sales price for commercial property and 3% of the total sales price for residential property. If Doyno Realty, Inc. cooperates with another real estate Broker who introduces the Buyer, the other Broker agrees to pay a total referral fee of 3% of the total sales price for commercial property and 4% of the total sales price for residential property, which will be apportioned between Doyno Realty, Inc. and the other Broker.
Submitted Listing Materials
Property Owners and Other Brokers agree not to submit any property descriptions, photographs, financial contact or other information contained in each submitted Property’s data to doynorealty.com unless the Property Owner and/or other Broker has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the property on doynorealty.com website.
Specifically, Property Owners and/or other Brokers will not submit a photograph if the Property Owner and/or other Broker has received the photograph from a third party information provider under the terms and license that does not allow posting of such photograph on the Doyno Realty, Inc. website. Doyno Realty, Inc. may, in its sole discretion but without any obligation to search for such, remove Property Listings that are alleged to have been submitted in violation of this provision. In addition, Doyno Realty, Inc. may require additional evidence of compliance with this provision from the Property Owner and/or other Broker who are alleged to have submitted Property listings or other information in violation of this Agreement. Doyno Realty, Inc. will, in its sole discretion, terminate the listings of, and refuse service to, any Property Owner and/or other Broker who repeatedly or knowingly violates this Agreement. Additionally, the Property Owner and/or other Broker agrees to allow the Property Listing, or any part of it, to be searched displayed, accessed, downloaded, copied, and otherwise referred to by users of Doyno Realty, Inc’s website. Doyno Realty, Inc. shall have the sole authority to choose the manner in which any Property Listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on Doyno Realty, Inc.’s website and Doyno Realty, Inc. shall have the right to modify the Property Listing in the exercise of its rights under this Agreement. The Property Owner and/or other Broker (a) represents and warrants that all Properties and associated information provided by the other Property Owner and/or other Broker will be accurate; (b) agrees to administer the property listings by written or electronic notification to Doyno Realty, Inc. to make changes to the property listings as instructed by the Seller and/or other Broker and to maintain their accuracy at all times. Doyno Realty, Inc. reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Property Listings posted on Doyno Realty, Inc.’s website. Doyno Realty, Inc. accepts no responsibility for checking the accuracy of reports or data files submitted by the Property Owner and/or other Broker. While Doyno Realty, Inc. shall take all reasonable efforts for data backup and business resumption, the Property Owner and/or other Broker will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Doyno Realty, Inc. and doynorealty.com.
Use of Information
User agrees to treat all information obtained from the website, including listings, transaction information, and any information otherwise available to the User in the website (individually and collectively, the “Content”) as proprietary to Doyno Realty, Inc. Doyno Realty, Inc. does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. Users may access the active property listings in the website and/or Recent Sales information solely to obtain initial information from which further evaluation and investigation may commence. Users may obtain additional available property information from the website (financial, tenant, property owner, etc.) by completing the website’s posted information and confidentiality forms. No additional available property information will be provided to any User without completion and submission of the website’s posted information and confidentiality forms.
Doyno Realty, Inc. and it’s website doynorealty.com , reports and services (individually and collectively), the Website, and any and all Content offered by Doyno Realty, Inc. to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY DOYNO REALTY, INC, AND its WEBSITE DOYNOREALTY.COM, USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
User shall limit access to and use of active property listings, recent sales information, and any additionally supplied information and/or materials to personal and internal use, and shall not use any information obtained from the website for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the website, or that is otherwise made available to User in the website, for or in connection with any other website, listing service or device. User further shall not use doynorealty.com as part of any effort to compete with Doyno Realty, Inc., including without limitation using doynorealty.com to provide alone or in combination with any other product or website, any data base services to any third party or any use that causes a reduction or loss from an existing or potential Doyno Realty, Inc. Customer and/or Client, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in doynorealty.com. Users violating these specific terms, specifically those Users searching the website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate legal action.
Unsolicited Commercial Email (Spam)
Doyno Realty, Inc. prohibits the use of our website or its tools to generate or send unsolicited commercial email (spam). Users may not use the Contact Us, our agents email addresses, or E-Mail a Friend or other email services that Doyno Realty, Inc. and/or doynorealty.com offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Doyno Realty, Inc. and doynorealty.com have the right to pursue legal action, and fees, to remedy from any User that breaches these terms.
Ownership and License Grant
Doyno Realty, Inc. retains all rights (including Intellectual Property Rights as defined below), title and interest in Doyno Realty, Inc.’s website, technology, news letters, and brochures, Email Alerts, House Hunter, database, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not allow others to: reverse, engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Doyno Realty, Inc.’s technology or delete or alter author attributes or copyright notices. User shall use doynorealty.com solely for their own use and shall not allow others to use and shall not allow others to use doynorealty.com under or through that User’s login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works authorship including without limitation copyrights, moral rights copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL DOYNO REALTY, INC. OR DOYNOREALTY.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Doyno Realty, Inc. and its website, officers, directors, employees and agents shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and Users shall indemnify Doyno Realty, Inc. and its website, officers, directors, employees, and agents, and hold harmless from and against any and all costs, damages, or losses by any of them including, without limitation, reasonable attorneys’ fees as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables.
Warranty Disclaimers
Doyno Realty, Inc. and doynorealty.com receives and provides “for sale” property information from real estate brokers, real estate associations, developers and sellers of property. Doyno Realty, Inc. and doynorealty.com has not verified the information and makes no guarantee, warranty or representation about its accuracy or availability. Doyno Realty, Inc. and doynorealty.com does not provide financial planning, accounting, due diligence, engineering, legal or tax services. Users and/or Buyers and their tax, legal and financial advisors are advised to: (a) independently confirm the accuracy of all information, (b) investigate the property to determine suitability for investment and (3) independently and diligently perform contractual obligations. It is the User’s and/or Purchaser’s responsibility to meet their contractual deadlines contained in any contract(s) to purchase property. Doyno Realty, Inc. reserves the right in its sole discretion to not submit offers to purchase property where it deems appropriate. Buyers, sellers and other real estate brokers agree to indemnify and hold Doyno Realty, Inc. and its website, officers, directors, employees and agents, harmless from any and all monetary or other damages caused from delayed, failed or unsatisfactory transaction(s).
Links to Third Party Sites
This website may contain hyperlinks to other web sites operated by parties other than Doyno Realty, Inc. and its subsidiaries which are beyond Doyno Realty, Inc.'s control. Parties other than Doyno Realty, Inc. may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Doyno Realty, Inc.’s logo(s) as part of co-branding relationship. For example, if you click on a banner advertisement the click may take you of Doyno Realty, Inc.’s website. Doyno Realty, Inc. does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Doyno Realty, Inc. does not assume any liability for the actions, product, and content of all of these and any other third parties. Doyno Realty, Inc. makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves Doyno Realty, Inc.’s website, the site you will land on is not controlled by Doyno Realty, Inc. and different terms of use and privacy statements may apply. Doyno Realty, Inc. also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and links thereto.
Other Rights of Doyno Realty, Inc.
User agrees that Doyno Realty, Inc. shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Doyno Realty, Inc. customers, clients and partners. Doyno Realty, Inc. shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the website, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Doyno Realty, Inc. shall have no obligation to (a) resolve disputes among users of the Site; or (b) monitor or verify the accuracy or proper use of the Listings. Doyno Realty, Inc. reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Doyno Realty, Inc.’s corporate website, located at http://www.doynorealty.com <http://www.doynorealty.com/> .
Copyright Complaints
If you believe that your work has been copied onto Doyno Realty, Inc.’s website in any way that constitutes copyright infringement, please provide Doyno Realty, Inc.’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Doyno Realty, Inc. that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on Doyno Realty, Inc.’s website, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Address for Doyno Realty, Inc.’s copyright Agent:
DANG designs & advertising
PO BOX 35225
St Petersburg, FL 33705
Governing Law
This Agreement, and the Deliverables provided by Doyno Realty, Inc. and doynorealty.com, shall be governed by the State of Florida, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Hillsborough County, Florida for the adjudication of any disputes or claims arising out and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of Doyno Realty, Inc., which retains the right to withhold consent in its sole discretion.
Notices
All notices to Doyno Realty, Inc. must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at Doyno Realty, Inc.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
