TERMS & CONDITIONS
BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF Flats Group (“Flats Group”) YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND Flats Group, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY Flats Group WEBSITE OR TO OBTAIN ANY SERVICES FROM Flats Group.
The Flats Group websites and mobile apps (collectively, “Websites”; and individually, “Website”). Flats Group provides numerous services, including as referenced on the Websites (“Services”).
Flats Group reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms of Use shall constitute your acceptance to be bound by the express terms of any such revisions.
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1. CERTIFICATION OF USER
By using or attempting to use this Website, you certify to Flats Group that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older, and have the legal capacity to enter into this Agreement.
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2. CONTENT AND REGISTRATION
2.1 Content – The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Website (collectively “Information”), Flats Group’s computers or network and any subscription or software, product, service, or information provided by Flats Group.
2.2 Vendor Content – Flats Group may enter into contractual relationships with vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which Flats Group may link to or display information, advertisements, discounts, products, goods, or services offered by Vendors (“Vendor Content”). Flats Group does not guarantee the availability or accuracy of any Vendor Content or offers, nor does it endorse, guarantee, or insure any Vendor products or services.
2.3 Liability Disclaimer – Flats Group shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service concerning the products or services of Flats Group do not constitute an offer, but are merely solicitations of an offer.
2.4 Registration – You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration, and use your registration solely to access the Website and obtain Services. Flats Group reserves the right to monitor your use of the registration and to discontinue it at any time in Flats Group’s sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately.
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3. LIMITATIONS ON USE AND USER SUBMISSIONS
3.1 Copyright, Patent, and Trademark Notice – All content of the Website provided by Flats Group, including, but not limited to, all text, photos, graphics, audio, software, webpage layouts or configurations, and presentations in any format, is copyrighted by Flats Group, or its affiliates or subsidiaries. Copyright © Flats Group. All rights reserved.
No portion of the content may be copied, published, reproduced, modified, performed, displayed, sold, transmitted, or redistributed in any medium, whether now known or hereafter created. You may download or print one copy for personal and non-commercial use only, provided that any printout includes Flats Group’s copyright notice.
Flats Group’s logos, page headers, custom graphics, buttons, and icons are service marks, trademarks, or trade dress of Flats Group. All other product names and company logos are trademarks of their respective owners.
3.2 Copyright Infringement Notice – Flats Group respects the copyrights of others. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes infringement, you may notify us at [Insert Flats Group copyright email].
3.3 Restricted Use – You agree to use the Website for lawful purposes only and not to post or transmit any unlawful, abusive, defamatory, obscene, or infringing material.
3.4 Submissions – You grant Flats Group a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, and distribute any messages or materials posted by you on the Service.
3.5 Public Messages – Electronic forums made available to users are the sole property of Flats Group and are not public forums. Users remain responsible for any third-party content they post, transmit, or upload.
3.6 Linking – Without prior written consent, you may not link to Flats Group’s Websites or use Flats Group’s logos in any way likely to cause confusion or misrepresentation.
4. ACCESS AND DELAYS IN SERVICES
Flats Group, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. Further, Flats Group, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or other similar causes.
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5. MONITORING BY FLATS GROUP
You acknowledge that Flats Group reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.
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6. REPRESENTATIONS, WARRANTIES, AND LIMITATION OF LIABILITY
6.1 General Disclaimer and Limited Warranty
You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Website are compiled from sources which may be beyond the control of Flats Group. Though such Information and links are recognized by the parties to be generally reliable, inaccuracies may occur. Flats Group, its licensors, and Vendors do not warrant the accuracy or suitability of any such Information. Neither Flats Group nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service.
Accordingly, you acknowledge that the Website is provided to you on an “AS IS, WITH ALL FAULTS” basis. Flats Group and its licensors and Vendors expressly disclaim any and all warranties, whether express, oral, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising by virtue of trade usage or course of dealing. Flats Group and its licensors and Vendors neither represent nor warrant that the Website will meet your requirements or is suitable for your needs or will achieve any desired result.
6.2 Risk of Errors
You assume all risk of errors and/or omissions in the Website, including the transmission or translation of data. You are solely responsible for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means to reconstruct lost data or re-analyze the Information.
6.3 Viruses
You acknowledge and agree that Flats Group uses reasonable efforts to ensure that no viruses or programs with similar functions operate on, or are passed through, the Website or the Information. However, you assume all responsibility (and thereby hold Flats Group harmless) for detecting and eradicating any virus or similar program.
6.4 Limitation of Liability
You agree that Flats Group and its affiliates, subsidiaries, and Vendors shall not in any event be liable for any special, incidental, or consequential damages arising out of the use or inability to use the Service for any purpose whatsoever. If the above limitation of liabilities should fail in its essential purpose for any reason, such liability shall be limited to a sum equal to ten percent (10%) of the sums paid to Flats Group by you under this Agreement or $100.00, whichever is greater, as liquidated damages and not as a penalty, even if Flats Group or its affiliates have been advised of the possibility of such damages. This liability, if any, shall be complete and exclusive. The provisions contained in this Section 6 shall survive termination of this Agreement.
6.5 FTC Notice
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states also do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
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7. INDEMNIFICATION
You shall release, discharge, defend, indemnify and hold harmless Flats Group and its affiliates, subsidiaries, and Vendors, and each of their members, shareholders, directors, employees, agents, representatives, Vendors, and contractors of any tier (collectively, the “Indemnitees”) from and against all loss, claims, demands, and causes of action of any kind or character, including without limitation costs, attorneys’ fees, and expenses incurred in connection with any claim brought by any person(s) or entity(ies) arising from, in connection with, or relating to your access and use of the Website, including your use of the Information obtained through the Website.
The obligations to release, defend, and indemnify contained in this Section shall apply even if caused, in whole or in part, by the joint, sole, gross, or concurrent negligence, strict liability, contractual liabilities of third parties, or other fault, whether passive or active, of any person or entity, including but not limited to the Indemnitees, jointly or severally. You shall cooperate as fully as reasonably required in the defense of any such claim.
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8. PRIVACY POLICIES
These Terms of Use include Flats Group’s Privacy Policy as contained on its Website, which is incorporated fully herein.
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9. UNSOLICITED MARKETING
9.1 Unsolicited Marketing
Flats Group supports responsible e-commerce. Flats Group does not authorize anyone to use the Service to broadcast, distribute, transmit, or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail, including email (“SPAM”).
9.2 Electronic Direct Marketing Programs
Flats Group may develop and participate in electronic direct marketing to users of the Website who elect to receive communications of specific interest. Flats Group does not forward user information to third parties. Advertisers participating in Flats Group’s marketing programs identify the category of users likely to be interested in their goods and services, and Flats Group forwards such advertisements to those users. Users may opt out at any time by selecting the unsubscribe option in the email or by contacting Flats Group directly.
9.3 Reporting SPAM
Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to Flats Group by forwarding the unedited message with the full message header to [Insert Flats Group spam reporting email].
9.4 Reservation of Rights
Flats Group reserves the right to take all legal or technical steps deemed necessary to prevent SPAM, threatening or offensive email, or any objectionable email transmitted through the Service. Flats Group may suspend or terminate any person or entity’s use of or access to the Service for violations of this policy.
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10. MISCELLANEOUS
10.1 Governing Law; Limitations; Venue
The laws of the State of Michigan shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Service must be instituted within two (2) years from the date such claim arose. Such claims shall be brought exclusively in the state or federal courts located in Kent County, Michigan, and you agree to submit to their exclusive jurisdiction.
10.2 Assignments
You may not assign any rights, obligations, or privileges under this Agreement without prior written consent of Flats Group. Any attempted assignment without consent shall be null and void.
10.3 Severability
If any provision of this Agreement is found unlawful or unenforceable, the court shall reform such provision to render it enforceable (or delete it if reformation is not possible). The remainder of this Agreement shall remain fully enforceable.
10.4 Connectivity Charges
You understand that your access to the Website and use of the Services may incur third-party connectivity charges (e.g., cell phone, internet service provider, data fees). You are solely responsible for any such charges.
10.5 Termination
Flats Group may terminate or suspend your use of the Website for any reason. Termination does not affect any rights or remedies available to Flats Group at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Flats Group.
10.6 Notice
Official correspondence must be sent via postal mail to:
[Insert Flats Group mailing address].
10.7 California Users
Pursuant to California Civil Code Section 1789.3, California site users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
10.8 Entire Agreement
This Agreement constitutes the entire agreement between you and Flats Group and is effective upon your first use of the Service. Any rights not expressly granted herein are reserved by Flats Group.
PRIVACY POLICY
Our Privacy Policy outlines the collection, use, and disclosure of personal information when you use our website. By accessing or using our website, you consent to the collection and use of your personal information in accordance with this policy.
What Information Do We Collect?
We collect your personal information when you subscribe to our newsletter, fill out a form, or submit property information. Additionally, we collect information about your computer, including your IP address, operating system, and browser type, to improve the browsing experience. This data is collected using Google Analytics , which does not identify any individual.
When you order or register on our site, we may ask you to provide your name, email address, mailing address, or phone number. However, you can visit our site anonymously. If Flats Group is acquired by or merged with another company, we will notify you before transferring your information, which will become subject to a different privacy policy.
How Do We Use Your Information?
We may use your personal information for the following purposes:
• To process transactions: Your information will not be sold, exchanged, transferred, or given to any other company without your consent, other than for delivering the purchased product or service requested.
• To send periodic emails: We may use the email address you provide to send you information, respond to inquiries, and/or other requests or questions.
How Do We Protect Your Information?
We implement various security measures to maintain the safety of your personal information when you enter, submit, or access it.
Do We Disclose Any Information to Outside Parties?
We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties, except for trusted third parties that assist us in operating our website, conducting our business, or servicing you. These parties must agree to keep your information confidential. We may release your information when necessary to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links and Services
We may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies, and we have no responsibility or liability for their content and activities. We recommend that you read their privacy policies to understand how your personal information will be handled.
Additionally, third-party providers we use will only collect, use, and disclose your information to the extent necessary to perform the services they provide to us. Payment gateways and other payment transaction processors have their own privacy policies for purchase-related transactions. We recommend that you read their policies to understand how they will handle your personal information.
Remarketing
We use third-party vendor remarketing tracking cookies, including Google Adwords, to show you ads across the internet, specifically on the Google Content Network (GCN). We respect your privacy and do not collect any identifiable information through Google’s or any other third-party remarketing system.
We use third-party vendor remarketing tracking cookies, including Google Adwords, to show you ads across the internet, specifically on the Google Content Network (GCN). We respect your privacy and do not collect any identifiable information through Google’s or any other third-party remarketing system.
We may use Google’s “remarketing” service to target our ads to you based on your prior use of the Site when you visit other sites in Google’s content network.
Google AdWords
We use the Google AdWords remarketing service to advertise on third-party websites, including Google, to previous visitors to our site. This may mean advertising to previous visitors who have not completed a task on our site, such as using the contact form to make an inquiry. Third-party vendors, including Google, use cookies to serve ads based on a visitor’s past visits to the Flats Group Compliance with California Online Privacy Protection Act
We respect your privacy and have taken necessary measures to comply with the California Online Privacy Protection Act. We will not disclose your personal information to third parties without your consent
Compliance with Children’s Online Privacy Protection Act
We comply with the regulations outlined in the Children’s Online Privacy Protection Act (COPPA) and do not collect any information from individuals under the age of 13. Our website, products, and services are intended for individuals who are at least 13 years of age or older.
Personal, Financial, and Property Information
As a real estate services firm, we may require certain information from you to assist you in your situation. This information may include your contact information, property details, and, in some cases, financial information required for us to analyze your property and situation. We will only use this information internally and will not share it with external parties unless necessary to help resolve your real estate situation.
Online Privacy Policy
This online privacy policy pertains solely to the information collected through our website and not to any offline information collected.
Changes to Our Privacy Policy
In the event that we modify our privacy policy, we will post those changes on this page.
Contact Us
If you have any questions regarding our privacy policy, please refer to the contact information on our website.
By completing a form on our website, you give consent to Flats Group to send SMS. SMS message frequency varies. Standard message and data rates may apply. For HELP, text 616-710-1616. Text STOP to unsubscribe.
