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| Bonita Springs-Estero Associations of Realtors, Inc. (B.E.A.R.) Terms and Conditions of Use (“Agreement”) PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF www.Bonitaspringsrealtors.com (“Site”) CAREFULLY. 1. Acceptance of Terms of Use. By using this Site, and its MLS information and data you agree to be bound to these Terms and Conditions of Use. B.E.A.R., its subsidiaries, members, business affiliates including; without limitations, MLS of Bonita Springs-Estero, Inc. and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify these at any time. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms and Conditions at any time, please do not use this Site. 2. Scope of Terms and Conditions and Links. These Terms and Conditions apply only to our Site and not to the web sites of any other companies, organizations or individuals including those to which our Site may link. We are not responsible for the availability of any other site to which our Site links. We do not take responsibility for the contents, advertising, products or other materials made available through other any site nor do we endorse the sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any other site. Please direct your concerns to that site’s Webmaster or appropriate contact. 3. Proprietary Rights and Restrictions on Use. You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video and audio components that are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own personal, non-commercial use. You shall not reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information. You agree to comply with any additional use restrictions that may be announced by B.E.A.R. at any time regarding specific information provided through this Site. 4. Copyright Ownership. All rights, title and interest in this Site created by B.E.A.R., and in the ownership of the copyright therein, shall at all times remain vested in B.E.A.R. B.E.A.R. shall have the right to license such compilations or portions thereof and any data contained therein to any entity pursuant to the terms agreed upon by the B.E.A.R. Board of Directors. 5. Personal Use Limitation. You may access the B.E.A.R. Site and the information provided here, including the ability to bookmark properties listed for sale, or copy said information but only for personal, non-commercial use. You may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using this Site you warrant to B.E.A.R. that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms and Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation. 6. Liability Disclaimer. You use this Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS. 7. Warranty Disclaimer. You expressly understand and agree that this Site and the information available through this Site is provided on an “as is” and “as available” basis. B.E.A.R. does not warrant that this Site will be uninterrupted or error-free, and B.E.A.R. makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. B.E.A.R. expressly disclaims any and all warranties with respect to the Site and the information available through the Site, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. This Site and the information available through this Site are always subject to change. Accuracy of the MLS descriptions, prices and information can only be verified by your direct communication with the listing Agent. 8. No Personal Advice. The information contained in or made available by this Site does not and is not intended to convey any form of personal advice to you regarding the sale or purchase of real property. The information here cannot replace or substitute for the professional advice of a licensed Realtor® to answer any questions and help you understand and use the information available through this Site. 9. Changes to the Site and MLS Data. B.E.A.R. may make changes or improvements to the information, services, products or other materials on this Site at any time without notice. By its very nature MLS data and information is subject to periodic change resulting from, without limitation, market, price and detail changes, as well as the sale of the property itself. 10. Jurisdictional Issues. We operate and control our Site from our offices in Bonita Springs, Florida in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 11. Miscellaneous. These Terms and Conditions will be governed by laws of the State of Florida without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Bonita Springs, Florida. If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions. This is the entire Agreement between you and us relating to the subject matter it contains. Only our posting of changes to these Terms and Conditions may modify this Agreement. |
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