We have taken every effort to design our Web
site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that —
and would ask that you let us know if you’d like to see improvements or
changes
that would make it even easier for you to find the information you need
and
want.
All we ask is that you agree to abide by the
following Terms and Conditions.
Take a few minutes to look them over because by using our site you
automatically agree to them. Naturally, if you don’t agree, please do
not use
the site. We reserve the right to make any modifications that we deem
necessary
at any time. Please continue to check these terms to see what those
changes may
be! Your continued use of the FortMyersRealtor4U.com Web site means
that
you accept those changes.
THANKS AGAIN FOR
VISITING!
Restrictions on Use
of Our Online Materials
All Online Materials on the FortMyersRealtor4U.com site, including,
without
limitation, text, software, names, logos, trademarks, service marks,
trade
names, images, photos, illustrations, audio clips, video clips, and
music are
copyrighted intellectual property. All usage rights are owned
and
controlled by FortMyersRealtor4U.com. You, the visitor, may
download Online
Materials for non-commercial, personal use only provided you 1) retain
all
copyright, trademark and propriety notices, 2) you make no
modifications to the
materials, 3) you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands, and
4) you do
not download quantities of materials to a database, server, or personal
computer for reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute Online
Materials in
any way or for any other purpose unless you get our written permission
first.
Neither may you add, delete, distort or misrepresent any content on the
FortMyersRealtor4U.com site. Any attempts to
modify any
Online Material, or to defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all
files, all images
incorporated in or generated by the software, and all data accompanying
it, is
considered licensed to you by FortMyersRealtor4U.com or third-party
licensors for your personal, non-commercial home use only. We do not
transfer
title of the software to you. That means that we retain full and
complete title
to the software and to all of the associated intellectual-property
rights.
You’re not allowed to redistribute or sell the material or to
reverse-engineer,
disassemble or otherwise convert it to any other form that people can
use.
Submitting
Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that
you send to FortMyersRealtor4U.com through our site (other than
information
we promise to protect under our privacy policy becomes and remains our
property, even if this agreement is later terminated.
That means that we don’t have to treat any such
submission as confidential.
You can’t sue us for using ideas you submit. If we use them, or
anything like
them, we don’t have to pay you or anyone else for them. We will have
the
exclusive ownership of all present and future rights to submissions of
any
kind. We can use them for any purpose we deem appropriate to our
FortMyersRealtor4U.com mission, without compensating you or anyone
else for
them.
You acknowledge that you are responsible for any
submission you make. This
means that you (and not we) have full responsibility for the message,
including
its legality, reliability, appropriateness, originality, and copyright.
Limitation
of Liability
FortMyersRealtor4U.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO:
- DAMAGES OR
INJURY CAUSED BY ANY:USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR
INABILITY
TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR
SITE
TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE INTERRUPTION OF
AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION
OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR
LINE FAILURE
- PLEASE NOTE THAT WE
ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED
TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY
EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
- OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR
IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO
LIMIT OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT
APPLY
WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES
OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL
NOT BE
GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links
to Other Site
We sometimes
provide referrals to and links to other
World Wide Web sites from our site. Such a link should not be seen as
an
endorsement, approval or agreement with any information or resources
offered at
sites you can access through our site. If in doubt, always check the
Uniform
Resource Locator (URL) address provided in your WWW browser to see if
you are
still in a FortMyersRealtor4U.com-operated site or have moved to
another
site. FortMyersRealtor4U.com is not responsible for the content or
practices of third party sites that may be linked to our site. When
FortMyersRealtor4U.com
provides links or references to other Web sites, no inference or
assumption
should be made and no representation should be inferred that
FortMyersRealtor4U.com is connected with, operates or controls
these Web
sites. Any approved link must not represent in any way, either
explicitly or by
implication, that you have received the endorsement, sponsorship or
support of
any FortMyersRealtor4U.com site or endorsement, sponsorship or
support of FortMyersRealtor4U.com, including its respective employees,
agents
or
directors.
Termination
of This Agreement
This agreement is effective until terminated by
either party. You may
terminate this agreement at any time, by destroying all materials
obtained from
all FortMyersRealtor4U.com Web site, along with all related
documentation
and all copies and installations. FortMyersRealtor4U.com may
terminate this
agreement at any time and without notice to you, if, in its sole
judgment, you
breach any term or condition of this agreement. Upon termination, you
must
destroy all materials. In addition, by providing material on our Web
site, we
do not in any way promise that the materials will remain available to
you. And FortMyersRealtor4U.com is entitled to terminate all or any
part of
any of its
Web site without notice to you.
Jurisdiction
and Other Points to Consider
If you use our
site from locations outside of the United States. you are responsible
for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed
and enforced in
accordance with the laws of the Florida as it is applied to agreements
entered into and to be performed
entirely within
such jurisdiction.
To the extent you have in any manner violated or
threatened to violate FortMyersRealtor4U.com and/or its affiliates'
intellectual property
rights, FortMyersRealtor4U.com and/or its affiliates may seek
injunctive or
other
appropriate relief in any state or federal court in the State of
Florida and
you consent
to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: Fort Myers, FL.
Any costs and fees other than attorney fees associated with the
mediation will
be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the
following location: Fort Myers, FL,
under the rules of the
American Arbitration Association. Judgment upon the award rendered by
the
arbitration may be entered in any court with jurisdiction to do so.
FortMyersRealtor4U.com may modify these Terms
of Use, and the agreement
they create, at any time, simply by updating this posting and without
notice to
you. This is the ENTIRE agreement regarding all the matters that have
been
discussed.