Welcome to FINEST RESIDENCES, the global luxury real estate brokerage network of specialised lawyers. Our mission is to represent the interests of our Clients as brokers and legal counsels for luxury residential real estate transactions worldwide. Through Finest Residences, our Clients can also connect with the Finest Residences Partners (herein after the “Finest Partners”), a curated selection of the best residential real estate service experts, including banks, mortgage companies, insurance companies, family offices, architects and interior designers.
The present Co-Brokerage Terms and Conditions document (hereinafter the “Co-Brokerage Agreement”) is a legal agreement entered into between the luxury real estate brokerage (hereinafter the “Listing Broker”) as listed hereinbefore and Finest International SAS, a licensed real estate brokerage company incorporated in France under registration number 818 201 063, with registered office at 3 Place Massena 06000 Nice, France, Real Estate Brokerage Licence n° CPI 0605 2018 000 025 072 delivered by the Chamber of Commerce and Industry of Nice-Côte d’Azur, France, Guarantee AXA France IARD SA -313, Terrasses de L’Arche 92727 Nanterre Cedex, (“We”, “Finest International”, or the “Company”) operating the Finest Residences network as well as the online platform FinestResidences.com and the related mobile applications (collectively “Finest Residences” or the “Sites”).
This Co-Brokerage Agreement defines the terms under which the Listing Broker and Finest International will cooperate and work together to provide brokerage services to Finest International’s luxury real estate Clients. The Listing Broker will provide Finest International with access to Properties the Listing Broker have listed directly or via its real estate Agents. Finest International will in turn search and provide the Listing Broker or its real estate Agents with qualified Prospective Clients for these Properties, Prospective Clients that Finest International will represent directly or via local lawyers affiliated to the Finest Residences network (the “Finest Lawyers” or “Affiliate Lawyers”). The Parties agree to work in good faith and with the highest professional standards to achieve the goal of successful real estate transactions for the Clients.
This Agreement is also contingent upon the Listing Broker’s fulfillment of the requirements for the Co-Brokerage application process, and the Listing Broker’s continued compliance with this Agreement. If the Listing Broker does not any longer agree to this Agreement, or breach any of its provisions, Co-Brokerage relationship of the Parties may be suspended or terminated.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
I. Definitions and Interpretation
I.1. In this Agreement, unless the context requires otherwise:
- “Agreement” means this Co-Brokerage Agreement between the Listing Broker and Finest International, including all schedules, attachments, and amendments thereto;
- “Listing Broker” means the real estate brokerage firm and by extension its legal representative, as listed hereinbefore;
- “Network” means the luxury real estate brokerage network of lawyers branded “Finest Residences”;
- “Finest Lawyer” or “Affiliate Lawyer” mean a lawyer affiliated to the Finest Residences’ network and acting as a real estate broker on behalf Finest International and Finest International’s Clients ;
- “Prospective Client” means any natural or legal person represented by Finest International directly or via a Finest Lawyer as his/her real estate broker and who is interested in purchasing or renting a Property listed by the Listing Broker directly or via its real estate agents;
- “Party” means either Finest International or the Listing Broker, and “Parties” means both of them;
- “Property” means any real estate property, including but not limited to residential, commercial, and industrial properties, which are listed by the Listing Broker and may be of interest to a Finest International’s Prospective Client;
- “Services” means the co-brokerage services provided by the Parties under this Agreement.
I.2. The headings used in this Agreement are for convenience only and shall not affect its interpretation. Any reference to any statutory provision shall be construed as a reference to that provision as amended, reenacted, or extended at the relevant time. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa, and words importing gender shall include all genders.
II. Purpose of the Agreement
II.1. The purpose of this Agreement is to establish a cooperative relationship between the Listing Broker and Finest International for the purpose of facilitating real estate transactions in which Finest International, directly or via local Affiliate Lawyers, represents Prospective Clients seeking to purchase or rent Properties listed by the Listing Broker.
II.2. The Listing Broker agrees to provide a selection of Properties that it has listed for sale, lease, or rent, and Finest International agrees to provide Prospective Clients that it will represent directly or via local Affiliate Lawyers.
II.3. Both Parties acknowledge that their respective roles in the real estate transactions facilitated under this Agreement are limited to the provision of the services outlined in this Agreement, and that neither Party is responsible for the actions or omissions of the other Party, nor is either Party responsible for the success or failure of any transaction.
II.4. This Agreement does not create any agency, joint venture, partnership, or employment relationship between the Parties, and neither Party is authorized to act as the agent, representative, or employee of the other Party, except as expressly provided in this Agreement or as otherwise agreed in writing.
II.5. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
III. Responsibilities of the Parties
III.1. Responsibilities of the Listing Broker
The Listing Broker agrees to:
a) Ensure that all the Properties it has listed are in compliance with applicable laws and regulations in its State and its Country ;
b) Provide a selection of its listed Properties for sale or rent that may be of interest to Prospective Clients represented by Finest International;
c) Provide accurate and up-to-date information about these Properties, including but not limited to Property details, photographs, pricing, and availability;
d) Provide permission to use property information and photographs for promotional materials;
e) Promptly inform Finest International of any changes to the listed Properties or their availability, as well as any issues or concerns regarding the Properties that could affect a transaction;
f) Respond promptly to inquiries from Prospective Clients provided by Finest International ;
g) Coordinate the showings, open houses, and other Property visits for Prospective Clients provided by Finest International;
h) Cooperate with Finest International to facilitate the closing of transactions involving these Properties and sold to Clients represented by Finest International.
h) Represent and warrant to have the necessary licenses and permits to carry out its obligations under this Agreement and to comply with all applicable laws and regulations.
III.2. Delegation of Authority
The Listing Broker may delegate its authority to its agents for purposes of this Agreement, provided that Broker remains fully responsible for the actions of its agents in connection with this Agreement. Any notice, request, demand, or other communication given by the Listing Broker to its agents shall be deemed given to the Listing Broker.
III.3. Responsibilities of Finest International
Finest International will:
a) Identify Prospective Clients interested in purchasing or renting Properties listed by the Listing Broker;
b) Represent its Clients as their real estate broker, and provide them with legal counsel and assistance, directly or via its Affiliate Lawyers, throughout the transactions involving Properties listed by the Listing Broker;
c) Coordinate with the Listing Broker and/or its real estate agents or employees to facilitate the closing of transactions involving Properties listed by the Listing Broker and rented or sold to Finest International’s Clients.
d) Promptly provide the Listing Broker with any necessary documentation or information related to transactions with Finest International’s Clients or, including but not limited to, when necessary, purchase agreements, disclosures, and brokerage fees agreements.
e) Maintain communication with the Listing Broker and promptly inform him/her of any changes in the availability or status of the Finest Lawyers or Finest International’s Clients.
f) Collaborate with the Listing Broker to resolve any disputes or issues that may arise during the Co-Brokerage relationship.
III.4. Performance and Communication
The Parties shall use their best efforts to perform their respective obligations under this Agreement in a professional and timely manner, and to communicate effectively with each other to achieve successful transactions.
IV. Indemnification and Liability
To the fullest extent permitted by law, the Listing Broker agrees to indemnify, defend and hold Finest International, its officers, directors, employees, agents, representatives and Affiliate Lawyers harmless from any and all claims, damages, liabilities, costs and expenses, including reasonable attorney fees, arising out of or related to:
- (i) any breach of this Agreement by the Listing Broker,
- (ii) any misrepresentation or omission made by the Listing Broker, its real estate agents or its employees, in connection with any Property listed under this Agreement,
- (iii) any injury or damage caused by the Listing Broker, its real estate agents or its employees to any person or property in connection with any Property listed under this Agreement,
- (iv) any violation by the Listing Broker, its real estate agents or its employees of any law, regulation or third party rights,
- (v) any dispute between the Listing Broker and any third party arising out of or related to any Property listed under this Agreement, and
- (vi) any claim arising out of or related to the use by the Listing Broker, its real estate agents or employees, of Finest International’s and Finest Residences’ names, trademarks or logos.
The Listing Broker’s obligations under this Clause shall survive termination of this Agreement.
V. Compensation and Brokerage Fees
V.1. Sharing of the Brokerage Fees Between the Parties
Subject to the terms of this Agreement, the Listing Broker and Finest International will each receive fifty per cent (50%) of the Brokerage Fees for each successful transaction involving a Property listed by the Listing Broker and sold, leased or rented to a Client represented by Finest International directly or via its Affiliate Lawyers. The Fees are due and payable only at a successful closing of the transaction on the said Property by the Client.
The Listing Broker agrees that its authorization to act in any brokerage capacity with respect to the sale of the Property is limited only to the Seller it represents and is expressly governed by the terms of this Agreement.
Each Party shall be responsible for its own expenses incurred in connection with the performance of its obligations under this Agreement, unless otherwise agreed to in writing by the Parties.
V.3. Taxes, Fees, and Other Charges Imposed by Law
Any taxes, fees, or other charges imposed by law on any commission or fee payable under this Agreement shall be the responsibility of the Party required to make the payment, unless otherwise agreed to in writing by the Parties.
VI. Term and Termination
This Agreement shall remain in full force and effect until terminated by either Party upon giving written notice to the other Party. The notice period for termination shall be no less than thirty (30) days, unless otherwise agreed by the Parties in writing. Upon termination, all obligations and liabilities of the Parties under this Agreement shall immediately cease, except for any obligations that expressly survive termination.
Furthermore, the Parties agree that the termination of this Agreement shall not affect any transactions that were initiated or pending at the time of termination, and such transactions shall continue to be governed by the terms of this Agreement until they are completed or otherwise terminated in accordance with its provisions. Any provision of this Agreement that by its nature is intended to survive termination, including but not limited to indemnification, confidentiality, and limitation of liability provisions, shall survive such termination.
VII. Confidentiality and Non-Circumvention
The Parties acknowledge that in the course of their Co-brokerage relationship, they may have access to certain confidential and proprietary information of the other Party, including, but not limited to, financial data, client lists, marketing strategies, and trade secrets (hereinafter collectively referred to as “Confidential Information”). Each party agrees to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of the disclosing Party, except as required by law.
Before starting a transaction on a Property listed by the Listing Broker, Finest International and the Affiliate Lawyer involved will provide the Listing Broker with a signed “Confidentiality Agreement” on behalf themselves and their interested Prospective Clients, pertaining to all confidential information regarding the said Property.
Finest International will not make any Confidential Information available, or disclose any of the contents thereof, to any person other than the Prospective Client.
In the event of a sale of the Property, Finest International shall not advertise or discuss the terms and conditions of the sale with anyone without the prior written consent of the Listing Broker.
Each Party acknowledges that the other Party has valuable business relationships and contacts, and agrees not to circumvent, interfere with, or attempt to circumvent or interfere with any business relationship or contract of the other Party during the term of this Agreement and for a period of ten (10) years following termination of this Agreement. This includes, but is not limited to, not soliciting or accepting any business from the other Party’s customers, clients or Prospective clients for any reason whatsoever.
Notwithstanding the foregoing, the Parties may disclose Confidential Information to the extent required by law or a court of competent jurisdiction, provided that the disclosing Party gives prompt notice to the other Party and takes all reasonable steps to obtain confidential treatment for such information.
VII.4. Return of Confidential Information
Upon termination of this Agreement, each Party shall promptly return or destroy all confidential and proprietary information of the other Party in its possession or under its control, and shall provide written confirmation of such return or destruction upon request.
VII.5. Remedies for Breach
In the event of a breach of this clause, the non-breaching Party shall be entitled to seek injunctive relief to prevent further breach, as well as any other legal or equitable remedies available under applicable law.
The obligations of confidentiality and non-circumvention shall survive the termination of this Agreement and shall continue in perpetuity with respect to any information that remains confidential or any business relationship or contract that remains in effect at the time of termination.
VIII. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Parties shall make good faith efforts to resolve the matter amicably through informal negotiation. If the Parties are unable to resolve the dispute within thirty (30) days of written notice by either Party to the other, the Parties agree to submit the dispute to mediation by a mutually agreed-upon mediator.
If the Parties are unable to agree on a mediator within fifteen (15) days of written notice by either Party to the other, the mediator shall be selected by the International Court of Arbitration. If mediation is unsuccessful, the Parties agree to submit the dispute to binding arbitration in accordance with the International Court of Arbitration. The arbitration shall take place in Paris, France, and the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
IX. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of France, without giving effect to its conflict of law principles.
X. Entire Agreement and Amendments
X.1. This Agreement, including all exhibits and attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
X.2. This Agreement may not be amended, modified or supplemented except by a written instrument executed by both Parties hereto. Any waiver, modification or amendment of any provision of this Agreement shall be effective only if in writing and signed by both Parties hereto.
X.3. No course of dealing or course of performance, usage, or custom in the trade shall be construed as modifying, amending, or otherwise affecting any term, condition, or provision of this Agreement.
X.4. In the event of any inconsistency between this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall govern.
X.5. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
X.6. This Agreement may not be assigned, transferred, or delegated by either Party without the prior written consent of the other Party, except that Finest International may assign its rights and obligations under this Agreement to any affiliated entity or successor in interest without the prior written consent of the Listing Broker.
X.7. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.
XI. Notices and Communication
Finest International endeavours to communicate with the Listing Broker in a timely, accurate and clear manner, providing an effective reply for any of your questions, and as appropriate include the Listing Broker in any direct written communication with the concerned Affiliate Lawyers.
XI.1. Method of Notice
Any notice, request, demand or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed given when delivered personally or sent by electronic means to the following addresses (or to such other address as either party may designate by notice to the other in accordance with this paragraph):
- If to Finest International, to the address set forth here:
- If to the Listing Broker, to the address communicated to Finest Residences at the time of its registration as a Co-Broker.
XI.2. Date of Notice
The date of delivery of any notice, request, demand or other communication shall be deemed the date of receipt thereof by the Party to whom such notice, request, demand or other communication is addressed.
XI.3. Notices to Successors or Assigns
Any notice, request, demand or other communication given hereunder shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
XI.4. Waiver of Notice
Any Party hereto may waive in writing any notice required to be given hereunder, provided that such waiver shall not be deemed a waiver of any other or subsequent notice.
All notices and communication under this Agreement shall be in English.
XII. General Provisions
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile, PDF, or other electronic copies of executed signature pages shall be binding and effective as original signatures.
XIV. Modification of This Agreement
Finest International may, in its sole discretion, change or modify this Agreement, or any related Terms and Conditions at any time and from time to time without notice. If Finest International does so, a notice of the changes will be posted on the Sites and will indicate the effective date of each new version. Such changes or modifications will be effective immediately upon posting them unless otherwise provided in writing.
Finest International may, but does not have any obligation to, notify the Listing Broker of such changes or modifications by email to the Listing Broker’s email address. The Listing Broker’s continued use of the Sites following the posting of such changes constitutes acceptance and agreement to the posted version. The Listing Broker will not hold Finest International liable and Finest International assumes no liability or responsibility for the Listing Broker’s failure to receive an email notification. The Listing Broker acknowledges and agrees that Finest International has no obligation to provide the Listing Broker with an email notification of any modifications to the present Agreement and that any email notification provided at any time shall not obligate or create an expectation for Finest International to do so in the future.
Finest International reserves the right to modify, change, or discontinue any aspect of the Co-Brokerage Agreement at any time. Only a specific, written waiver signed by a Finest International’ authorized representative shall have any legal effect as a waiver by Finest International of any terms of this Agreement or any other policy.
XV. Availability of the Sites
Finest International shall use commercially reasonable efforts to provide uninterrupted access to the Sites each and every day. From time to time the Sites may be inaccessible or inoperable for any reasons within or outside of Finest International’ control including, but not limited to, maintenance, repairs, updates, upgrades, equipment malfunctions or other reasons that are not reasonably foreseeable such as interruption or failure of telecommunication or digital transmission links, network congestion or other failures. Finest International has no control over the availability of the Sites on a continuous or uninterrupted basis, and assumes no liability to the Listing Broker or any other Party with regard thereto.
XVI. Monitoring of Content
Finest International reserves the right (but undertakes no duty) to pre-screen the Listing Broker’s Content and decide whether any of its item is appropriate and/or complies with this Agreement or the Policies. Finest International may with or without notice, in its sole discretion, remove any item of the Listing Broker’s Content and/or suspend or terminate this Agreement for posting or publishing any material in violation of this Agreement. Finest International may also suspend or terminate a Listing Broker’s access to the Sites if the Company has reason to believe the Listing Broker has repeatedly violated this Agreement. If Finest International terminates this Agreement or access to the Sites, the Company may, in its sole discretion, remove and destroy any data and files stored by the Listing Broker or for the Listing Broker on its servers.
XVII. Additional Reservation of Rights
Finest International reserves the right to deny, cancel, terminate, suspend, lock, or modify access to the Sites or control of any account for any reasonable reason, including, but not limited to, the following:
- to correct mistakes made by the Company in offering or delivering any service,
- to assist with our fraud and abuse detection and prevention efforts,
- to comply with court orders against the Listing Broker and applicable local, State, and federal laws, rules and regulations,
- to comply with requests of law enforcement, including subpoena requests,
- to comply with any dispute resolution process,
- to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit,
- to avoid any civil or criminal liability on the part of Finest International, its officers, directors, employees, Affiliated Lawyers, licensors or partners, including, but not limited to, instances where a Listing Brokerage has sued or threatened to sue Finest International or its Affiliates or licensors;
XVIII. Intellectual Property Rights
The Sites, their entire contents, features and functionality, including, but not limited to, all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof, are owned by Finest International, its licensors or other providers of such material and are protected by French, European, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
This Agreement permits the Listing Broker to use the Sites for its professional use only. Except the content the Listing Broker has produced and/or published and except if otherwise stated or agreed, the Listing Broker must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, except as follows:
- the Listing Broker’s computer may temporarily store copies of such materials in RAM incidental to its accessing and viewing those materials.
- the Listing Broker may store files that are automatically cached by its web browser for display enhancement purposes.
- the Listing Broker may print or download one copy of a reasonable number of pages of the Sites for its own professional use and not for further reproduction, publication or distribution.
- If the Listing Broker provides desktop, mobile or other applications for download, it may download a single copy to its computer or mobile device solely for its own professional use, provided it agrees to be bound by any end-user license agreement for such applications as applicable.
- If Finest International provides social media features with certain content, the Listing Broker may take such actions as are enabled by such features.
- Provided that it is permitted by the Policies, the Listing Broker may use certain authorized badges or digital promotional materials provided by Finest International to acknowledge the Listing Broker’s quality of Brokerage with Finest Residences, provided, however, that the Listing Broker may not alter the appearance, meaning or context of any such authorized badges or digital promotional materials, nor sell or attempt to sell or trade the authorized badges or digital promotional materials for pecuniary gain.
The Listing Broker must not:
- modify copies of any materials from the Sites;
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text as originally published on the Sites;
- delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
Finest International and Finest Residences name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of Finest International, and/or its licensors. The Listing Broker must not use, in any way, including but not limited to reproducing, printing, modifying, downloading, “sharing,” copying, transmitting, or otherwise giving access to such marks without the prior written consent of Finest International, which may be withheld in the Company’s sole discretion, except as provided herein. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners, and nothing herein shall provide the Listing Broker with the right to utilize the same.
If the Listing Broker prints, copies, modifies, downloads or otherwise uses or provides any other person with access to any part of the Sites in breach of this Agreement, its right to use the Sites will be immediately suspended or terminated and the Listing Broker must, at Finest International’s option, return or destroy any copies of the materials it has made. No right, title or interest in or to the Sites, or any content on the Sites is transferred to the Listing Broker, and all rights not granted are reserved by Finest International. Any use of the Sites which are not permitted by these terms is a breach of these terms and may violate copyright, trademark and other laws.
XIX. Trademark and/or Copyright Claims
Finest International supports the protection of intellectual property, including, but not limited to, the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (“DMCA”), which applies to content reported and removed for violating U.S. copyrights. In the event the Listing Broker has a good faith belief that its work has been copied or that any of our Content infringes its intellectual property rights, including trademarks and copyrights, it shall provide the following information in writing to the Brokerages Care Service, with the subject line “Intellectual Property Claims”:
- Identification and description of the infringing material or activity along with information sufficient to identify the location on the Sites of such material or activity;
- Identification and description of the trademark or copyrighted work that the Listing Broker claims has been infringed;
- The Listing Broker’s name, address, telephone number, and email address;
- A statement by the Listing Broker that it has a good faith belief that such use in the manner complained of is not authorized by the trademark/copyright owner, its agent or the law;
- A statement made by the Listing Broker, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark/copyright.
Should the Listing Broker fail to comply with all of the requirements set forth above, its notice may not be effective.
If the Listing Broker knowingly materially misrepresent that any content on the Sites is infringing its copyright, it may be held liable for damages (including costs and attorneys’ fees) under the applicable laws.
If the Listing Broker’s Content is removed from the Sites for copyright infringement, Finest International may give it notice that it has removed or disabled its access by means of electronic mail to your email address in its records. If the Listing Broker receives such a notice, it may provide counter-notification in writing to Brokerages Care Service within the time period prescribed therein that includes the following:
- An identification of the Content or material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from the Listing Broker under the penalty of perjury, that the Listing Broker is the trademark or copyright owner, licensee or otherwise have a good faith belief that the Content or material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- the Listing Broker’s name, address, telephone number, and email address;
- A statement that the Listing Broker consents to the jurisdiction of Nice, France, and that it will accept service of process at the Company’s headquarters’ address from the person who provided notification of allegedly infringing material or an agent of such person in connection with such claims.
- the Listing Broker’s electronic or physical signature.
The Listing Broker should only submit a counter-notification if the cited Content was removed because of a mistake or misidentification. When Finest International receive an effective legal counter-notification, it may forward it, along with the Listing Broker’s contact information contained in the counter-notification, to the Party that reported the infringing Content, and which they may use to contact the Listing Broker.
It is Finest International’s policy in appropriate circumstances to suspend and/or terminate a collaboration with a Listing Broker who would infringe on the intellectual property rights of others.
XX. Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. Finest International do not warrant the accuracy, completeness or usefulness of this information. finest International disclaims all liability and responsibility arising from any reliance placed on such materials by the Listing Broker or for the Listing Broker any other visitor to the Sites, or by anyone who may be informed of any of the Sites’ contents.
The Sites include content provided by third parties, including materials provided by Finest Members, users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Finest Residences, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Finest International. Finest International is not responsible, or liable to the Listing Broker or any third party, for the content or accuracy of any materials provided by any third parties.
XXI. Links to Third-Party Websites
The Sites may contain links to third-party websites that are not owned or controlled by Finest International. Finest International assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Finest International does not censor or edit the content of any third-party websites, including, but not limited to, the Finest Lawyers’ own websites. By using the Sites, the Listing Broker releases Finest International from any and all liability arising from the Listing Broker’s use of any third-party website. Accordingly, Finest International encourages the Listing Broker to be aware when the Listing Broker leaves the Sites and to review the terms and conditions, privacy policies, and other governing documents of each other website that the Listing Broker may visit.
XXII. Disclaimer of Representations and Warranties
THE LISTING BROKER’S USE OF THE SITES ARE UNDER ITS SOLE RESPONSIBILITY. THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. FINEST INTERNATIONAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTIES INCLUDING THE COMPANY’S AFFILIATES AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FINEST INTERNATIONAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AFFILIATES, PARTNERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITES; OR (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, AND/OR (C) THE SERVICES FOUND AT THE SITES OR ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, AND FINEST INTERNATIONAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FINEST INTERNATIONAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS OR AGENTS, EXCEPT AS SET FORTH IN THE AGREEMENT, SHALL IN ANY WAY LIMIT THE DISCLAIMERS SET FORTH HEREIN.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITES.
XXIII. Limitation of Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL FINEST INTERNATIONAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR ANY COMPANY PARTNER, BE LIABLE TO THE LISTING BROKER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITES, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (C) ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (E) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (F) ANY UNAUTHORIZED ACCESS TO OR USE OF FINEST INTERNATIONAL’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (G) ANY INTERRUPTION OR CESSATION OF THE SITES, (H) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (I) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (J) TERMINATION OF THE PARTIES’ CO-BROKERAGE RELATIONSHIP BASED ON A VIOLATION OF THIS AGREEMENT OR THE POLICIES AS DETERMINED BY FINEST INTERNATIONAL IN ITS SOLE DISCRETION, AND/OR (K) ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY THE LISTING BROKER AS A RESULT OF ITS USE OF THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FINEST INTERNATIONAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE LISTING BROKER’S USE OF THE SITES OR THE SERVICES FOUND AT THE SITES.
XXIV. Compliance with Local Laws
Finest International pays the utmost attention to the global regulatory requirements and responsibilities. In this respect, the Company observes with the utmost rigor the laws and regulations in force in all countries where it operates. However, Finest International makes no representation or warranty that the content available on the Sites are appropriate in every country, State or jurisdiction, and access to the Sites from countries or jurisdictions where its content is illegal is prohibited. As the Listing Broker chooses to access the Sites, it is responsible for compliance with all local laws, rules and regulations and Finest International shall not be liable in any way in the event the Sites are not permitted in any jurisdiction.
XXV. Prohibition of Class and Representative Actions and Non-Individualized Relief
THE PARTIES AGREE THAT EACH OF THEM MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BROKERAGES.
XXVI. Titles and Headings – Independent Covenants – Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Agreement of the Parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
XXVII. Contact Information
© Finest International 2016-2023. Updated on May 15th, 2023.