These Terms of Use and the Float Privacy Policy were last updated on February 4, 2015. Your continued use of the Float application and services constitutes your acceptance of the updated policies.
1. Cookies
By using the application and/or website and inputting personal information, the user understands that he or she may acquire “cookies” or other computer files that Float uses to identify users.
Float currently collects information such as pages visited, inquiries submitted properties viewed and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features interest our customers most and what kinds of homes and information our customers like to see.
1.1 Google Analytics
Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
1.2 Google Maps
Our site features Google Maps. Please review their privacy policy, legal notices and terms of use.
2. Information Sharing/Reselling
By using the website and inputting personal information the user understands that Float will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Float takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors.
3. Information Aggregation
Float is not responsible for any errors in displayed information or delays in displaying information. All information on the website is either transmitted to Float from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Float by sending feedback but it is likely that such information accuracy cannot be corrected by Float and the entity or person that generated the information must be appealed to. For example: incorrect 3rd party information can only be changed by the 3rd party. However, in order to reduce workload of our 3rd party servers, our servers only request 3rd party (i.e.: school and Walk Score®) information when the property address is entered into the property, or the property is created. Removing and re entering this information may update inconsistencies in the 3rd party information.
3.1 Walk Score®
Walk Score® ratings provided by https://www.walkscore.com/.
3.2 School Ratings & Reviews
GreatSchools ratings provided by GreatSchools.net.
4. iPhone®, iPad®, and iPod touch®
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.
5. Webscraping of Listing & Property Data Is Not Allowed
Crawling the Float.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator or any other purpose is strictly forbidden without prior written consent from Float.
6. Links, 3rd Party Provided Materials and User Uploaded Materials
Links provided on this website are put there for the user’s convenience. Links may be directed to 3rd party content, meaning that Float has no control and takes no responsibility for such products, services, websites and materials. Float does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. Your dealings with any 3rd party arising in connection with Float are solely between you and such 3rd party, and Float takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these 3rd parties.
If linked-to content appears to be in error or objectionable to a user, send feedback so that Float can review the content and make changes to links where necessary.
7. Registering an Account on Float.com
By registering for a Float account you are agreeing to the following terms and conditions as well as the MLS Terms of Use.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via our website and/or application and we cannot take responsibility for such content. Any use or reliance on any content or materials posted via our website and/or application or obtained by you through our website and/or application is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.
You retain your rights to any content you submit, post or display on or through the website and/or application. By submitting, posting or displaying content on or through the website and/or application, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).
8. Disclaimers and Limitations on Liability
Float intends that the information contained in this website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Float at any time. This website and the information, software, products and services associated with it are provided “as is.” Float and/or its suppliers or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non infringement. Use of this website and/or Float’s services is at your own risk. Float and/or its suppliers or real estate professionals are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this website and/or Float’s services or with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Float and/or its suppliers had been advised of the possibility of damages.
8.1 Indemnity
By using this website the user agrees to indemnify Float and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the website. Users may not use this website for illegal, harassing, unethical, or disruptive purposes.
8.2 Dispute Resolution Process
Any claim or controversy arising out of or relating to the use of this website, to the goods or services provided by Float, or to any acts or omissions for which you may contend Float 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 Seattle, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Float. 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 Seattle, Washington. 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.
This agreement provides that all disputes between you and Float will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Float’s goods and services you consent to these restrictions.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Float, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Seattle, Washington. 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.
9. Equal Housing Opportunity
We love equality and support Fair Housing and Equal Opportunity (FHEO) and their enforcement of policies that make sure all Americans have equal access to the housing of their choice. http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp
10. Float’s Role
Float does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Float does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
NO WARRANTY
Float PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Float AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Float AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
