TERMS OF USE

1. You represent and warrant that you are over the age of majority and a bona fide buyer or seller of real estate. You understand and acknowledge that the Website is owned, operated and maintained by M.L.S. of Naples, Inc. 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 M.L.S. of Naples, Inc. If you link to such other websites or web pages, you understand and agree that any products or services available at such other websites or web pages, and the terms and conditions under which such products and services are being offered, are being provided or determined solely by the entities that own or operate such sites or pages, and not by M.L.S. of Naples, Inc. M.L.S. of Naples, Inc. is not responsible or liable for the content of any linked website. M.L.S. of Naples, Inc. does 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 are responsible for reviewing the applicable terms and policies of the third party websites.



2. When conducting a search for available properties for sale or rent at which Open Houses will be conducted, you agree to enter property search criteria (such as price range, location, and other features) that are a good faith representation of the types of properties in which you are interested, and financially capable of acquiring or leasing, or that represent properties similar to the property you have available for sale or lease. You understand that M.L.S. of Naples, Inc. has the right to limit the number of properties displayed to you in response to your search requests based upon M.L.S. of Naples, Inc.'s sole determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, total number of matching listings in the MLS database compilation, and other "reasonable use" restrictions deemed appropriate by M.L.S. of Naples, Inc. from time to time.



3. You agree that, as between M.L.S. of Naples, Inc. and yourself, 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 M.L.S. of Naples, Inc. or third parties from whom M.L.S. of Naples, Inc. has secured permission to display such Site Materials on this Website. You acknowledge that M.L.S. of Naples, Inc. has granted to you a limited, revocable, and non-exclusive license to use these Site Materials solely for your private and non-commercial use in conjunction with your evaluation of a potential real estate transaction to which you may, in good faith, become a party. You will not copy, commercialize, sell, license, modify, reverse engineer, transmit, swap, re-purpose or otherwise make the Site Materials available to any third party, nor will you assist others in doing so.



4. We reserve the right, without notice and in our 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 include the right for you to:
1. 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;
2. market, sell or make commercial use of the Website or any Site Materials;
3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
4. make derivative uses of the Website or the Site Materials; or
5. 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 M.L.S. of Naples, Inc. on reasonable terms and conditions in the event M.L.S. of Naples, Inc. 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.



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 and M.L.S. of Naples, Inc. 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 M.L.S. of Naples, Inc. with respect to the Website and Site Materials. 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 and M.L.S. of Naples, Inc. 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. M.L.S. OF NAPLES, INC. DISCLAIMS 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 M.L.S. OF NAPLES, INC., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN 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. M.L.S. OF NAPLES, INC. DOES NOT 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 M.L.S. OF NAPLES, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER M.L.S. OF NAPLES, INC., NOR ITS 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, M.L.S. OF NAPLES, INC. 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 M.L.S. OF NAPLES, INC. IS NOT 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, M.L.S. OF NAPLES, INC.'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.



9. You agree to indemnify, defend, and hold harmless M.L.S. of Naples, Inc. and its 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 M.L.S. of Naples, Inc. that cannot adequately be remedied by money damages, and that M.L.S. of Naples, Inc. 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 M.L.S. of Naples, Inc. is successful in securing a preliminary injunction order against you, you waive any obligation of M.L.S. of Naples, Inc. to post a security bond in conjunction therewith.



11. You understand that M.L.S. of Naples, Inc. has not 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 between M.L.S. of Naples, Inc. and you does not exist.



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 M.L.S. of Naples, Inc. 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 M.L.S. of Naples, Inc. and against you for M.L.S. of Naples, Inc.'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 M.L.S. of Naples, Inc.