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Naplesarea.com Terms of Use
Last Updated: 12/8/2014

Terms of Use

Last Updated: December 8, 2014

The M.L.S. of Naples, Inc. ("Naples MLS"), a wholly owned subsidiary of the Naples Area Board of REALTORS® and Association of Real Estate Professional, Inc. d/b/a the Naples Area Board of REALTORS® (hereinafter "NABOR®") owns and operates for the benefit of itself and NABOR® the website at www.naplesarea.com (the "Website"). You agree to accept and comply with the terms, conditions, and notices stated herein as may be modified by the Naples MLS from time to time without notice to you. You are responsible for regularly reviewing the Website and these Terms of Use for updates. You expressly acknowledge that you have read and understand these Terms of Use and agree to be bound by them. If you do not wish to be bound by these Terms of Use, please do not access or use this Website.

In addition to these Terms of Use, please also review our Privacy Policy for information about our commitment to protecting your privacy and our DMCA Policy for the display of content posted by users of the Website and the Naples MLS’ procedures for responding to Complaints and Counter Notices pursuant to the Digital Millennium Copyright Act about allegedly infringing content that may be posted to, or linked from, the Website by third parties.

The Naples MLS and NABOR® offer you access to the data contained on this Website solely for your use in identifying property for sale or lease in the greater Naples, Florida market, and you agree to access this Website only for purposes permitted by this Terms of Use.

1. You represent and warrant that you are over the age of majority, legally competent to enter into this Agreement. You further warrant that you are using the Website to identify properties currently for sale or lease that are located in the Naples, Florida area. You understand and acknowledge that the Website is owned, operated and maintained by Naples MLS for the benefit of NABOR®. You further understand and agree that you may be able to link from this Website to websites or web pages owned or operated by, or on behalf of, parties other than the Naples MLS or NABOR®. If you link to such other websites or web pages, you understand and agree that any products, services, or information available at such other websites or web pages, and the terms and conditions under which such products, services, and information are being offered, are being provided or determined solely by the entities that own or operate such sites or pages, and not by the Naples MLS or NABOR®. Neither the Naples MLS nor NABOR® is responsible or liable for the content of any linked website nor the accuracy of any information provided therein. The Naples MLS and NABOR® do not make any representation or warranty with respect to such third party websites and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You acknowledge that if you access a third party website from this Website, you do so at your own risk. You understand that a hyperlink to a third party website does not imply that either the Naples MLS or NABOR® endorses the content on, or the business of, the hyperlinked website. You understand that you are solely responsible for determining the integrity and reliability of the information on this Website as well as any information found on a third party website linked to this Website. You agree that neither the Naples MLS nor NABOR® shall be responsible for any loss or damage of any sort relating to your dealings with such third parties. You are responsible for reviewing the applicable terms of use agreements and privacy policies of the third party websites.

2. When conducting a search for available properties for sale or rent, You understand that the Naples MLS has the right to limit the number of properties displayed to you in response to your search requests based upon the Naples MLS' sole determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, technology limitations, total number of matching listings in the Naples MLS database compilation, and other "reasonable use" restrictions deemed appropriate by the Naples MLS from time to time.

You understand and agree that this Website may include information, tips, facts, views and opinions about the Southwest Florida or national real estate market that the Naples MLS or NABOR® deems worthy of publication. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH YOU OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING THE ACQUISITION OR SALE OF REAL PROPERTY, OR ANY PERSONAL, LEGAL, BUSINESS, OR FINANCIAL DECISIONS.

3. You agree that, as between the Naples MLS and NABOR® on one hand and yourself on the other hand, any electronic or printed real estate listing data, or other content derived from this Website ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of the Naples MLS, NABOR® or third parties from whom the Naples MLS or NABOR® has secured permission to display such Site Materials on this Website. You acknowledge that the Naples MLS has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private use. You will not commercialize, sell, license, re-license, sublicense, modify, reverse engineer, swap, or re-purpose the Site Materials, nor will you assist others in doing so.

4. The Naples MLS reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does NOT, without the express written permission of the Naples MLS or NABOR®, include the right for you to:
a.  publish, publicly perform or display, or distribute to any third party any Site Materials, including reproduction on any computer network or broadcast or publications media; provided, however that you may retransmit without financial consideration individual listings contained in the Site Materials to relatives, friends, or business associates;
b.  market, sell or make commercial use of the Website or any Site Materials;
c.  systematically collect and use any data or content including through the use of any spiders, robots, or similar data gathering, mining or extraction methods;
d.  make derivative uses of the Website or the Site Materials; or
e.  use, frame or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any page or form contained on a page). 

5. You will use your best efforts to cooperate with the Naples MLS or NABOR® on reasonable terms and conditions in the event Naples MLS or NABOR® deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from your access to this Website.

6. This Website contains proprietary information that that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. If you believe that any content posted to, or linked from, the Website infringes upon your copyright rights, please consult the DMCA Policy accessible from this Website and follow the procedures set forth in that Policy.

7. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.  This Terms of Use constitutes the entire agreement between you on the one hand and Naples MLS and NABOR® on the other hand with respect to the Website and Site Materials and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Naples MLS or NABOR® with respect to the Website and Site Materials.  The failure of Naples MLS or NABOR® at any time or times to require performance of any provision hereof shall in not in any manner affect the right of Naples MLS or NABOR® at a later time to enforce the same.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You agree that any and all communications and dealings between you, Naples MLS or NABOR® relating to the Website and this Terms of Use Agreement may be conducted through electronic means.
 

8. ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED OR GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT.   NAPLES MLS AND NABOR® DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NEITHER NAPLES MLS OR NABOR®, THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONALITY AVAILABLE ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.  THE NAPLES MLS AND NABOR® USE GOOD FAITH EFFORTS TO PROVIDE ACCURATE, COMPLETE, AND CURRENT INFORMATION ON THIS WEBSITE, BUT YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE.  NEITHER THE NAPLES MLS NOR NABOR® WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, OR SERVICE PURSUANT TO YOUR USE OF THIS WEBSITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT THENAPLES MLS OR NABOR®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER THE NAPLES MLS, NABOR®, NOR THEIR AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NAPLES MLS, NABOR® AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE NAPLES MLS NOR NABOR® IS LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, THE NAPLES MLS AND NABOR®'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree that the Naples MLS may amend or modify these Terms of Use at any time without notice to you.  Your use of this Website after the Naples MLS has amended or modified these Terms of Use shall be deemed your acceptance of such amendments or modifications.

9. You agree to indemnify, defend, and hold harmless the Naples MLS, NABOR® and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

10. You agree that your unauthorized use of the Site Materials will cause injury to the Naples MLS or NABOR® that cannot adequately be remedied by money damages, and that the Naples MLS or NABOR® shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the Website or Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If the Naples MLS or NABOR® is successful in securing a preliminary injunction order against you, you waive any obligation of the Naples MLS or NABOR® to post a security bond in conjunction therewith.

11. You understand that neither the Naples MLS nor NABOR® has entered into any form of fiduciary or brokerage relationship with you solely by granting you access to, and use of, the Website.  Any form of fiduciary or brokerage relationship is expressly between you and any licensed real estate professional from whom you may choose to obtain brokerage services.

12. You agree that this Terms of Use Agreement shall be governed by the laws of the State of Florida applicable to contracts made and performed entirely in the State of Florida.  Any suit brought to interpret or enforce the terms and conditions of this Terms of Use Agreement shall be brought in the state or federal courts that have jurisdiction over Collier County, Florida.  You agree not to contest the personal jurisdiction of such courts. If the Naples MLS or NABOR® prevails in any suit against you to interpret or enforce  this Terms of Use Agreement, you agree that the Court may enter an award on behalf of the Naples MLS or NABOR® and against you for the Naples MLS' or NABOR®'s reasonable attorney's fees, costs, and litigation expenses associated with such suit, or the appeal of any judgment or award rendered on behalf of the Naples MLS or NABOR®.

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All information regarding a property for sale, rental or financing, school information and public tax records is from sources deemed reliable; PROVIDED, HOWEVER, that representations and warranties are not made about the accuracy thereof, and such information is subject to errors, omissions, updates, modifications, changes of price, rent rates, commissions, prior sales, leases or financing, changes in school boundaries, or withdrawal without notice. All information displayed on this Website should be independently verified if any person intends to engage in a transaction based upon such information.

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