TERMS & CONDITIONS
Britemen Holdings, LLC as “Britemen Property Solutions”
Effective Date: February 25, 2023
Last Updated: February 25, 2023
GENERAL PROVISIONS
DISCLAIMER TO HOMEOWNERS AND/OR BUYERS / INVESTORS, BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. BY USING THIS SERVICE, YOU ALSO MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES.
THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.
This legal agreement (herein “agreement”) between you (herein “you” or “seller”) and BRITEMEN HOLDINGS, LLC (herein “Britemen”, “ Britemen Property Solutions”, “us”, “we”, or “our”) should be read carefully before using our Website and/or mobile application (herein “Service”).
Britemen is a Wyoming corporation with correspondent address at 8520 Allison Pointe Blvd, Ste 223 PMB 97250, Indianapolis, IN 46250.
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don’t agree with the terms and conditions of this Website, then we ask you please to leave this Website. However, if you do use this Website, then that operate as an acceptance and agreement that you agree to be bound by the terms and conditions of this Website.
You agree not to enter or use the service for any purpose that is not expressly permitted by these terms and conditions, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks and data.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
PRIVACY POLICY
Britemen will store, collect and use personal information in accordance with our policy herewith. We agree to use any and all personal information for the purpose specified in our term of use selection below. We will not sale or share your personal data to any third-party and will act in accordance to privacy provisions and laws
For more information about the information collected, when and how it is collected, and how and why the information is used, contact us or view privacy policy incorporated into and made a part of these Terms and Conditions.
In addition, your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.
TERMS OF USE
When you submit information to this Website, you agree and authorize Britemen to share this information with our agents or brokers associated with Britemen, to make a match or agreed upon services. You also agree and consent to being contact by Britemen’s real estate professionals either by e-mail, telephone, mail or any other reasonable means of communication, including autodialed phone calls, text messages, and prerecorded messages from Britemen and its partners, on any landline or cell phone number provided to Britemen even if such number is on a Do Not Call list and even if charges are incurred for the call or text. You understand that consent to receiving such communications is not a condition of receiving Britemen’s services and that you can call 1-877-296-0015 for services should you choose not to receive such communications.
You are obligated to provide information that is accurate and complete so that Britemen can provide you with a specialist that is suited for the potential transaction and Britemen reserves to the right to terminate anyone who provides false, inaccurate or misleading information.
Payment of any Cash Back, rebate, or incentive for use of the Britemen platform is contingent upon Britemen’s receipt of any fee related to the same use of its platform or agreements. If Britemen fails to collect a Service Fee, it shall have no obligation to pay any Cash Back, rebate, or similar incentive. In the event Britemen collects a Service Fee that is less than the money owed under any Cash Back, rebate, or other similar incentive program, Britemen shall have the right to reduce the Cash Back, rebate, or incentive to an amount equal to or less than its Service Fee.
All terms and conditions between a home seller and buyer or investor and a real estate professional is governed by a separate legal agreement that does not involve Britemen and is solely between the home owners or buyers or investor and the real estate professional.
Britemen does not endorse, validate, or recommend any legal advice between home owners and buyers or investor, and real estate professionals. Please consult your own attorney for this type of work.
Referrals provided by Britemen via this website are not recommendations by Britemen for any particular service provider referred and should not be considered as such. You are responsible for vetting referrals and choosing the service provider(s) which best suits your individual needs.
Even though your engagement may be terminated by you or Britemen at any time with written notice and it totally voluntary, any referrals that Britemen may have with a real estate professional prior to termination are still effective.
You agree and acknowledge that Britemen may modify the terms and conditions of this Website and associated referral service at any time. Britemen will notify you in advance of any significant changes of our services to provide you with the option to discontinuing the Website and referral services. Your continued use of the Website and their referral services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.
For quality assurance, you agree that Britemen may make a digital recording of any telephone calls with Britemen or one of Britemen’s real estate professionals for the sole purpose of providing quality assurance.
Moreover, Britemen’s policy is to respond to claims of intellectual property infringement. Britemen under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws and will promptly investigate notices of alleged infringement and will take appropriate action.
Under the DMCA, notifications of claimed copyright infringement should be sent to the designated agent of Britemen’s service provider.
This Website may contain third party advertisements and links to third party sites. Britemen does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability or the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by Britemen of the third party sites, goods, or services. Britemen takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
Britemen intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
Marketing statements or assertions made by Britemen on this Website related to the amount of savings a homeowner might obtain through use of our services are premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation. Any such statements or assertions made on this Website regarding the “savings” or “average savings” of a homeowner are based upon Britemen’s own internal analysis of home sales and commission data, may not be universally accurate, and are only intended to illustrate the financial distinction between use of the “discount” real estate agent model versus use of the traditional real estate agent model (as explained on our Website). Homeowners and Buyers should inquire with their real estate brokers or agents about the potential savings they could receive by using our services.
ARBITRATION
These terms and conditions and all matters arising out of or in connection with the Website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of Florida (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this Website and/or these terms and conditions not resolved amicably between you and Britemen shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
Arbitration shall take place in Miami-Dade County and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Southern District of Florida.
If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
With respect to any award in arbitration, the arbitrator: shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator; may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the terms and conditions or award injunctive relief to restrain any breach of the terms and conditions by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
CLASS ACTION WAIVER / VENUE
You agree that you will resolve any disputes or claim with Britemen on an individual basis, and that any claims arising out of or in connection with the Website and/or terms and conditions will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the Website and/or terms and conditions.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Southern District of Florida, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Miami-Dade County, Florida. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
TERMINATION
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.
You agree to indemnify and hold harmless the Britemen Real Estate Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless the Britemen Real Estate Parties from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Britemen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
COMMUNICATION & CONSENT TO CONTACT
By submitting a form to Britemen you consent to have Britemen or one of its partners to contact you via autodialed phone calls and text messages, and prerecorded messages, on the landline or cell number provided even if you are on any Do Not Call list and even if you are charged for the call or text. Your consent is not a condition of receiving Britemen’s services. You can call 1-877-296-0015 for services if you do not consent.
LIMAITATION OF LIABILITY
IN NO EVENT SHALL BRITEMEN BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS AND CONDITIONS OF THIS WEBSITE AND ASSOCIATED REFERRAL SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ACTUALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Britemen’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).
MODIFICATIONS TO WEBSITE AND TERMS AND CONDITIONS
We are entitled to terminate or modify all or part of any of the Website at any time, without notice to you. We may modify these terms and conditions at any time by updating this posting. If we do, we will also update the effective date at the top of this page. We suggest you to check the Website regularly to ensure you are aware of the current terms.
Contact Us
Britemen Property Solutions
Phone: 1.877.296.0015
Email: [email protected]