For purposes of these Terms, the term “Site” shall include the Advertising Service, as described below.
2.Real Estate Information Disclaimer. The information presented on this Site (including, without limitation, square footage, price, and availability) is provided by the seller and is not guaranteed or warranted to be accurate or complete and is subject to change without notice. Please verify all information with the seller.
3.Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms Azure, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.
4.Content Contained on Azure. Azure and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on Azure (collectively, “Content”) is owned by Azure and/or third parties with all rights reserved unless otherwise noted. Azure grants you a limited license to access and use Azure and Content solely for informational purposes (including printing individual pages from Azure provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of Azure or Content, except with express written consent of Azure.
You understand that all third party Content posted on, transmitted through, or linked from Azure, is the sole responsibility of the third party originator of such Content. Content is provided through Azure AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Azure be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that Azure does not screen or approve third-party Content, and that Azure shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via Azure, for any reason.
5.User Transmitted Content. To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through Azure, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Azure. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Azure as provided below.
You promise that you will not use Azure to:
a.Transmit any Content
i.not related to appropriate subject matters;
ii.which is misleading to others, including consumers;
iii.that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
iv.that you do not have a right to post and transmit under any law or under contractual relationships;
v.such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vi.and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
vii.intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to Azure, you grant, and you represent and warrant that you have the right to grant, to move an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You grant Azure an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Content, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Furthermore, by posting Content to any public area of Azure, you grant Azure all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Azure by any party for any purpose.
6.Mortgage-Related Disclosure. This disclosure statement pertains to the conduct of Azure, in connection with the mortgage loan industry and websites and advertised by Azure.
a.Azure does not confirm, and does not make or give any guarantee regarding,
i.any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor
ii.any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor
iii.any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional
8.Claims of Copyright Infringement. Azure respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Azure's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information.
b.Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c.Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d.A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
If relating to Azure Waterfront, LLC.
Azure Waterfront, LLC.
c/o Higher Ground Consulting, Inc.
5265 Startford Court
Cape Coral, FL 33904
Attention: Copyright Agent
By e-mail: firstname.lastname@example.org
If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
9.Intellectual Property. The Services are the property of Azure, and subject to the intellectual property rights of Azure and its licensors. Azure Waterfront, Azurewaterfront.com, and Azure logo are pending trademarks and/or registered trademarks of Azure in the United States and/or other countries. You may not use any of Azure's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Azure does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
10.NO WARRANTY. AZURE PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AZURE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. AZURE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
13.Choice of Law; Disputes. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Cape Coral, Florida. These Terms are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. Judgment on the award rendered by the arbitrator(s) must be entered in any court having jurisdiction thereof.
14.Indemnification. You agree to defend and hold Azure, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
15.Release. You release Azure, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
16.General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. Azure may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Service. Azure's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms constitute the entire agreement between you and Azure with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Azure with respect to the Services. The following sections of these Terms shall survive any termination of these Terms: 5, 9, 10, 11, 13 through 16.