Effective Date: June 20, 2018
Welcome to messidor.land. Messidor Land LLC (referred to as the “Company,” “messidor.land,” “us,” or “we”) makes available www.messidor.land (the “Website”). Your access to and use of this Website is subject to these Terms and Conditions (“Terms”), as well as any other written agreements between you and us. You will not use the Website for any purpose that is unlawful or prohibited by these Terms. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in this notice.
We reserve the right, in our sole discretion, to modify, discontinue or terminate these services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or otherwise provide you with notice of the modification. By continuing to access or use the services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms. Your continued use of this Website after such modifications will constitute acknowledgement and acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and the services. These Terms may only be modified in writing as set forth in this paragraph, and may not be modified orally.
We do not make any guarantees, either express or implied, as to the condition of the property. You affirm that the land is being purchased ‘AS-IS’, subject to whatever its present physical condition and location the parcel may be found at the time of sale, subject to all existing covenants, conditions, restrictions, reservations, exploration rights, easements, rights of way, assessments, zoning of record and any land use restrictions. You further agree and understand that all sales are final. In addition, we offer no refunds on documentation fees during the processing of any purchase.
We do not guarantee the suitability of the property for any specific purpose and do not guarantee zoning. We may reserve mineral rights, if any, at our sole discretion, any time prior to and including the recording of the deed. Improvement or utility bonds on the property are to be assumed by you in addition to the sale price. You acknowledge that you inspected the property and investigated its suitability for any given purpose prior to purchasing, including availability of access and utilities or lack thereof, and hereby accept the property ‘AS-IS’. You understand and agree to follow all rules and procedures required by the county before making any improvements on the land. Any fines, imposed by the county as a result of your actions shall be paid by you.
You are hereby advised to conduct your due diligence on the property prior to purchasing it, and by purchasing it through this website, you waive any further right to inspection, and accept the property in its present condition.
We will convey property by quitclaim deed, unless otherwise specified on the property page.
Property purchases closed by an order on this site will be completed in-house by us, without title search or title insurance. If you wish to designate a closing agent (e.g., title company or attorney), to close the property with a title search and title insurance, please select the “Deposit” option; a non-refundable deposit is required to hold the property, and the title company will be instructed to credit you in the amount of the deposit. You are responsible for any closing costs charged by your closing agent, and you agree that property taxes for the current year shall not be prorated.
If you select the deposit option, and then later wish to have us close the sale, please pay the balance due through the website. If we recieve a deposit, and do not hear from you or your closing agent within 14 calendar days, we shall deem that transaction “abandoned”, and you agree the deposit is not refundable. We will make the property available to new buyers, but if you contact us after the transaction is abandoned, we will either credit you the deposit toward the same property (if it is still available), or issue a coupon good for the amount of the deposit on a future property (restrictions may apply).
Completing a order via the Website constitutes a binding offer to purchase the listed property at the listed price. We will proceed with the transaction in a timely manner. In the event you cancel your order prior to closing, the Document Preparation Fee is nonrefundable. In the event we are unable to close the transaction due to a problem on our end, you will be refunded in full. If you wish to offer a different price for a property, please contact us by email or use the Make Offer tab. Upon our acceptance of an offer, the sale will proceed at the Offered Price.
In the event of a conflict between the general Terms and Conditions on this page and property-specific Terms on a property page, the specific Terms shall govern.
The following terms, which are part of our usual Purchase and Sale Agreement, are incorporated to these Terms and Conditions, with us as Seller and you as Buyer
Buyer recognizes that the seller has not made, does not make and specifically negates and disclaims any warranties, representations, commitments or guarantees as to the title of the above mentioned property. Buyer acknowledges that seller is not providing a title commitment for the property and furthermore, buyer has been advised by the seller to obtain a title commitment from a title company. Buyer has determined by their own due diligence that the title to the above mentioned property is clear of any liens, encumbrances, mortgages or any other encroachment that would otherwise cause a title dispute in the future. Buyer will not hold seller liable for any title dispute that may arise in the future as a result of either the seller’s of the buyer’s negligence or lack of research on the title of the above mentioned property.
Buyer recognizes that seller has provided adequate opportunity for the buyer to inspect the property and perform a soil assessment on the site to determine the suitability of the soil for percolation, septic systems, the availability of water and/or any other natural resources required for the buyer’s intended use of the property. Both parties acknowledge that seller has not made any warranties, representations, commitments or guarantees of any kind with respect to the suitability of the property for use with a septic system or drainage field, or with respect to the property’s access to water or any other natural resources required for the buyer’s intended use of the property.
Buyer recognizes that the seller has provided adequate opportunity for the buyer to obtain a survey showing the exact dimensions of the property and the location of all improvements on it. Buyer has either Conducted a survey on the property or been given adequate opportunity to do so and has chosen not to obtain a survey. Buyer will take full responsibility for any risks associated with the property’s boundaries and/or any other layout issues that a survey might disclose, including: the size and location of the parcel(s), the property boundary lines, the location of any and all building(s) and encroachment(s), dimensional errors, errors in legal descriptions and setback errors.
Buyer recognizes that seller is not acting as a real estate agent or broker and that buyer is not relying on seller to represent the buyer’s best interests with regard to this transaction. Seller has informed buyer of all known risks associated with purchasing this property and buyer hereby releases and forever discharges seller, their agents, employees, successors and assigns, from any and all claims, suits, charges, causes of action, judgments, requirements, accounts receivable, executions, attachments, liens, levies, debts, damages, bills or any controversies in law, equity, or any manner thereof, however it arises, and whether such claim is in the past, present or future. This Release shall constitute the full extent of the release between the parties and shall not be modified by any oral agreements.
SECRET WHOLESALE DEALS™
Properties sold via Secret Wholesale Deals™ are properties to which we have not yet taken formal title. The specific terms are listed in the property listing, but generally, when a property is listed under Secret Wholesale Deals™, we have the property under an exclusive contract with the current owner of record.
We may convey the property to you via a variety of means, including but not limited to a) directing the owner of record to execute a deed in your name, b) directing the owner of record to execute a deed in our name, then executing a deed in your name, or c) notifying the owner of record that we are assigning our rights under our contract to you. The conveyance method is laid out in the property listing.
In the event of an assignment, you are responsible for completing the transaction with the third-party seller, including the payment of the contract price. Any monies paid to us are in consideration of contract assignment, and are not payment for the property.
We will provide reasonable assistance to you in closing the transaction with the third-party seller, but you agree to assume all risk of nonperformance by the seller. Assignment consideration is nonrefundable, except in the case of the original contract with the third-party seller being voided.
We agree to pay for any delinquent property taxes (and assessments) owed prior to the sale date. You represent and warrant that you will be responsible for all taxes which become delinquent on or after the sale date, and shall not be pro-rated.
CASH SALES ONLY
All properties are sold with no financing contingency. Payment in full is due prior to closing.
Materials published on the Website may be protected by copyright or trademark laws, and, under such condition, may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, used or otherwise exploited in any manner without the express written permission of Land Endeavor or its agents or affiliates.
LINKS TO OTHER SITES
Our services may contain links to other websites or content beyond our control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content or products. The external websites or content may contain offensive material and information: we are not responsible for this, either. Please use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites or content if any exists.
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT INCLUDING ANY LISTINGS OF THE PROPERTIES.
messidor.land AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THE SERVICES WILL BE ERROR FREE OR THAT messidor.land WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICES OR ANY CONTENT OBTAINED FROM THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED UNDER LAW, messidor.land AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR SERVICES; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICES; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY DOCUMENTS, PICTURES OR OTHER INFORMATION AVAILABLE AS PART OF ANY PROPERTY LISTING ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY, AND MAY NOT REPRESENT THE CURRENT CONDITION OF A PROPERTY OR THE CONDITION OF THE PROPERTY AT THE TIME OF SALE. YOU AGREE THAT YOU HAVE COMPLETED YOUR OWN DUE DILIGENCE AND HAVE INVESTIGATED ALL MATTERS RELATING TO ANY PROPERTY LISTED ON THE SITE BEFORE ENGAGING IN A TRANSACTION RELATED THERETO. YOU HEREBY RELEASE AND HOLD US HARMLESS WITH RESPECT TO ALL LIABILITY, LOSS, DAMAGES, CLAIMS, SUITS, CAUSES FOR ACTION AWARDS, DECREES, JUDGMENTS, OR EXPENSE OF ANY KIND, INCLUDING LEGAL FEES AND COSTS IN CONNECTION WITH THE PROPERTY ARISING OUT OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ACTUALLY OR ALLEGEDLY ARISING FROM THE CONDITION OF THE PROPERTY DURING ANY ON-SITE AND/OR OFF-SITE INSPECTIONS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS AND ITS THIRD-PARTY SUPPLIERS, LICENSORS, AND PARTNERS HARMLESS FROM ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING OUT OF YOUR USE OF OUR SERVICES AND/OR YOUR BREACH OR ALLEGED BREACH OF ANY TERM, CONDITION, OBLIGATION, REPRESENTATION OR WARRANTY IN THESE TERMS. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT. YOU AGREE THAT THE PROVISIONS IN THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S).
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, MANAGERS, MEMBERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $500.
Any notices required or permitted to be given to this website shall be given in writing and shall be delivered (a) by certified mail, postage prepaid, return receipt requested, (b) by facsimile, or (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: Messidor Land LLC, 2462 Laurel Rd E, #502, N Venice, FL 34275.
We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of we, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, riots, fire, floods, natural disaster, extreme weather, criminal activity, accident, alien invasion, act of government or terrorism, embargoes, network infrastructure failures, strikes, disruptions in communications including wireless and telecommunication, or any other disruption to our abilities to provide our services to the extent that the disruption is beyond our control.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of any future company.
If any of the terms are held to be invalid, void, unenforceable or against the regulatory policy of that governmental authority, you agree that such section shall be deemed to be written in such a way to comply with the law. The remainder of the terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
These Terms are governed by laws of the state of Florida, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the services and these Terms shall be the state and federal courts located in the Sarasota County, Florida and each party hereby consents to the exclusive jurisdiction and venue of such courts. The use of this Website is intended for use in the United States only. If you are located outside of the United States, please contact us directly. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by us without restriction.