Terms Of Service

Welcome to Cassiopeia Investments Management, LLC (“Cassiopeia”). Before you begin using our services, you must agree to the below Terms of Service ("Terms of Service") including any future amendments (collectively, the "Agreement"): Cassiopeia may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use our service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. We provide lead generation, directory and property management service and optional paid services (the "Service"). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Cassiopeia disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Cassiopeia also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You must be at least eighteen (18) years of age to use the Service. Cassiopeia reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Cassiopeia reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the content of our website including the contents of specific postings is provided by and is the responsibility of the person or people who made such postings. Cassiopeia does not monitor the content and takes no responsibility for such content. Instead, Cassiopeia merely provides access to such content as a service to you. It is possible that posts by others may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using our Service. Cassiopeia does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any postings via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3. Privacy. As a condition of using the Service, you agree to the terms of the Cassiopeia Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Cassiopeia may access or disclose your personal information, including the content of your communications, if Cassiopeia is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Cassiopeia Privacy Policy. Personal information collected by Cassiopeia may be stored and processed in the United States or any other country in which Cassiopeia Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
4. Communications. As a condition of using the Service, you agree to receive emails and other communications from us regarding your account and additional services. You may receive e-mail, text or instant messages (SMS/IMS), or phone messages from Cassiopeia for a variety of reasons - for example, if you took an action on the Cassiopeia pages or apps or you signed up for reports, receive account notifications, etc. We respect your desire to manage messages you receive from us. You can manage your receipt of the types of communication by following the instructions included in the message we send you.
5. General Practices Regarding Use and Storage. You agree that Cassiopeia has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Cassiopeia retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
6. Content of the Service. Cassiopeia takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Cassiopeia have any obligation to monitor such third-party content. Cassiopeia reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Cassiopeia also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Cassiopeia, its users and the public. Cassiopeia will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
7. Intellectual Property Rights. Cassiopeia's Intellectual Property Rights. You acknowledge that Cassiopeia owns all right, title and interest in and to the Service, including all intellectual property rights (the "Cassiopeia Rights"). Cassiopeia Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service in any form. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Cassiopeia Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
8. Your Intellectual Property Rights. Cassiopeia claims no ownership or control over any Content submitted, posted or displayed by you on or through Cassiopeia services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Cassiopeia services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Cassiopeia services which are intended to be available to the members of the public, you grant Cassiopeia a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Cassiopeia services for the purpose of displaying and distributing Cassiopeia services. Cassiopeia furthermore reserves the right to refuse to accept post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. You may choose to submit, post, and display any materials on or through service by manually marking your materials as such or using service tools to do so. For avoidance of doubt, Cassiopeia is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Cassiopeia may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
9. No Resale of the Service. Unless expressly authorized in writing by Cassiopeia, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
10. Publicity. Any use of Cassiopeia's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Cassiopeia" or “REAL ESTATE AGENT DIRECTORY” must be in compliance with this Agreement.
11. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Cassiopeia to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. OTHER THAN THE LIMITED WARRANTIES SET FORTH HEREIN, CASSIOPEIA DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AND CASSIOPEIA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. ANY SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED HEREUNDER, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND.
12. Termination; Suspension. Cassiopeia may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. Sections 2, 3, 5 - 8, and 10 - 16 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
13. Indemnification. You agree to hold harmless and indemnify Cassiopeia, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, lost revenues or profits, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Cassiopeia will provide you with written notice of such claim, suit or action.
14. Entire Agreement. This Agreement constitutes the entire agreement between you and Cassiopeia and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Cassiopeia services, affiliate services, third-party content or third-party software.
15. Waiver and Severability of Terms. The failure of Cassiopeia to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
16. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Cassiopeia services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. CASSIOPEIA SHALL NOT BE LIABLE FOR, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOST REVENUES, LOST DATA, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CASSIOPEIA’S LIABLITY UNDER THIS AGREEMENT EXCEED THE FEES PAID HEREUNDER DURING THE PRECEDING 12-MONTH PERIOD.
17. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Miami, Florida, and you consent to the jurisdiction of such courts.