This page sets forth
the "Terms and Conditions" under which you may use prestigioushomes.net
(the "Web Site"). Please read this page carefully. If
you do not accept these Terms and Conditions, you are not authorized
to use the Web Site. By using the Web Site, you are indicating your
agreement to be bound by these Terms and Conditions without modification.
Prestigious Homes Realty, (the Company) may revise these Terms and
Conditions at any time by revising this page. You are responsible
for regularly reviewing these Terms and Conditions. If you use the
Web Site after any revision the Company makes to these Terms and
Conditions, you agree to be bound by the Terms and Conditions as
Copyright Notice and Limitations
Copyright, trademark and other
intellectual property laws protect all of the information and content
within this Web Site. All content is owned or licensed by Prestigious
Homes Realty, and its affiliated companies, licensors and suppliers.
The content is intended for personal use only. While you may interact
with or download a single copy of any portion of the content for
personal, non-commercial entertainment, information or use, you
may not reproduce, sell, publish, distribute, modify, display, re-
post or otherwise use any portion of the content in any other way
or for any other purpose without the written consent of the Company.
All contents of this Web Site are
Copyright © 2002 Prestigious Homes Realty, 1251 SW 19th St,
Boca Raton, Florida USA. All rights reserved. Requests regarding
use of the content for any purpose other than personal, non- commercial
use should be directed to firstname.lastname@example.org
You acknowledge that the content
includes certain trademarks and service marks owned by Prestigious
Homes Realty, and the artists' palette, You agree not to copy, use
or otherwise infringe upon these trademarks or service marks. You
further agree that you will not alter or remove any trademark, copyright
or other notice from any copies or content. If you operate a web
site and wish to link to the Web Site, you must link to the Web
Site's home page. The Company reserves the right to reject or terminate
any links to content.
Programming on the Site
Please note that all programming,
including without limitation all HTML code and JAVA and FLASH contained
in this Web Site is owned by the Company and is protected by copyright
laws and international treaty provisions. Any reproduction or redistribution
of the programming is expressly prohibited by law, and may result
in severe civil or criminal penalties. Violators will be prosecuted
to the maximum extent possible.
You agree to use the Web Site to upload, post and receive content
that is legal and proper and related to the purpose of the Web Site.
By way of example, and not as a limitation, you agree that when
using the Web Site you will not:
- Upload, post, send or receive
any content, or otherwise use theWeb Site, in violation of any
applicable law or regulation.
- Upload, post, send or receive
any content, or otherwise use the Web Site in a manner that will
infringe upon the copyright, trademark, trade secret or other
intellectual property rights of others, or violate the privacy,
publicity or other personal rights of others.
- Upload, post, send or receive
any content or information that is defamatory, obscene, indecent,
sexually explicit, threatening, abusive, hateful, harassing or
embarrassing to another user or to any other person or entity.
- Upload, post or send any incomplete,
false, inaccurate or misleading information.
- Impersonate another person,
firm or corporation.
- Attempt to interfere with service
to any user, host or network, including, without limitation, by
means of uploading, posting or sending viruses, Trojan horses,
worms, time bombs, cancel bots or other computer programming routines
or engines that are intended to damage, interfere with, surreptitiously
intercept or expropriate any system, data or information, including
by overloading, flooding, spamming, mail bombing or crashing it.
- Use any device, software or
routine to interfere or attempt to interfere with the proper working
of the Web Site or any activity being conducted on the Web Site.
- Take any action that imposes
an unreasonable or disproportionately large load on the Web Site's
- If you have an active password
that allows access to any non- public area of the Web Site, disclose
to or share your password with any third party or use your password
for any unauthorized purpose.
- Use or attempt to use any engine,
software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the Web Site other than the search
engine and search agents available from the Company on the Web
Site and other than generally available third-party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
- "Data mine".
- Attempt to decipher, decompile,
disassemble or reverse engineer any of the software comprising,
or in any way making up, any part of the Web Site.
- Access any content not intended
for your use or log into a server or account that you are not
authorized to access.
- Attempt to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
- Forge any TCP/IP packet header
or any part of the header information in any email or newsgroup
Any actions that contravene these
prohibitions or that otherwise compromise the security of the Web
Site or the Company's system or network may result in civil or criminal
liability. The Company will investigate suspected compromises of
its security, may take any action it deems necessary or appropriate
in response to any contravention of these prohibitions or in response
to security compromises, and may cooperate with law enforcement
authorities in prosecuting users who are involved in such compromises
User Registration and Password
You are responsible for maintaining
the confidentiality of any password you may receive. You are responsible
for all uses of your password, whether or not authorized by you.
You agree to notify the Company immediately of any unauthorized
use of your password.
You are solely responsible for
the form and accuracy of any content or other communications you
upload, post or send to or through the Web Site. The Company is
under no obligation to upload, post or send any material that you
submit for such purpose or any purpose, and may remove any such
material at any time in the Company's sole discretion. No compensation
will be paid to you with respect to any content or communication
that you submit to the Web Site.
The Company does not vouch for
or guarantee the truthfulness, accuracy or reliability of any user-submitted
content or communications. You acknowledge that any reliance you
place on such material will be at your own risk.
Third Party Submissions
Information posted on the Web Site
is provided in "As-is" condition and may contain technical
inaccuracies or typographical errors. Information may be changed
or updated without notice. The Company may also make improvements
and/or changes to its products and services and the corresponding
fees associated therewith without notice. The Company is not responsible
for any errors, omissions or misrepresentation. Multiple Listing
data is received regularly from the Florida Association of Realtors®.
It is deemed to be accurate, however, the Company has no way of
independently verifying the accuracy of said information.
The Company is authorized to accept
payment on line by credit card. Our merchant account is provided
by Authorize.Net and the secure socket layer encryption is provided
by InstantSSL®, Inc. Our sole obligation is to provide you with
services in exchange for payment. In the event that you choose to
cancel any service purchased on line and paid for in advance, we
are under no obligation to provide a refund for any pre-paid services
which have been rendered. We reserve the right, in limited circumstances,
to determine whether or not the customer will be entitled to a credit
for any unused and uncontracted for services.
YOU EXPRESSLY AGREE THAT THE USE
OF THE SERVICE IS AT YOUR OWN RISK. NEITHER THE COMPANY, NOR ANY
OF ITS EMPLOYEES, OWNERS, AGENTS, CONTENT PROVIDERS OR LICENSEES
MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE
SERVICE, THE CONTENT, ANY ADVERTISING MATERIALS OR THE RESULTS THAT
MAY BE OBTAINED FROM USE OF OUR SERVICES. THE SERVICE IS PROVIDED
ON AN "AS-IS" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY
OR WARRANTIES AGAINST INFRINGEMENT.
THE COMPANY, ITS AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS AND LICENSEES SHALL IN NO WAY BE LIABLE
FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, OR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES,
RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING,
WITHOUT LIMITATION, LOSSESS RELATED TO: YOUR INABILITY TO USE THE
SERVICE, ANY ERRORS, OMISSIONS OR DEFECTS IN CONTENT; OR INTERRUPTIONS,
DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY
OF THE COMPANY, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSEES
SHALL NOT EXCEED THE SUM OF $100.00.
The Company reserves the right,
at its sole and absolute discretion, to pursue all of its legal
remedies, including but not limited to deletion of your posting
from this Web Site and immediate termination of your registration
with or ability to access the Web Site and/or any other service
provided to you by the Company, upon any breach by you of these
Terms and Conditions or if the Company is unable to verify or authenticate
any information you submit to the Web Site.
YOUR INDEMNITY. You agree to defend,
indemnify, and hold harmless the Company, its officers, directors,
employees, agents, customers and clients from and against any claims,
actions or demands, including without limitation reasonable attorneys
and accounting fees, resulting from or arising out of any content
or communications you post or transmit through the Web Site, your
use of the Web Site, the Materials or the Products, or your violation
of the terms of these Terms and Conditions. The Company shall provide
notice to you promptly of any such claim, action or demand and may,
in the Company's sole and absolute discretion, assist you, at your
expense, in its defense or settlement. These terms and conditions
are governed by the laws of the State of Florida, without regard
to conflict of laws principles. You hereby consent to the exclusive
jurisdiction and venue of the state and federal courts in the county