The Naples Area Board of REALTORS® (hereinafter "NABOR®") owns and operates the website at www.nabor.com (the "Website"). You agree to accept and comply with the terms, conditions, and notices stated herein as may be modified by NABOR® from time to time without notice to you. You are responsible for regularly reviewing the Website for updates to these Terms of Use. 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 Website Privacy Policy for information about our commitment to protecting your privacy and our Policy for the display of content posted by users of our Website and our procedures for responding to Complaints and Counter Notices pursuant to the Digital Millennium Copyright Act about allegedly infringing content that may be posted to our Website.
NABOR® offers you access to the content contained on this Website solely to provide you with information about NABOR®’s products and services, real estate educational offerings, membership opportunities in NABOR®, and other information about the real estate market and real estate brokerage business in Southwest Florida. You agree to access this Website only for purposes permitted by this Terms of Use.
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 solely to learn about NABOR®, its products and services and membership opportunities, real estate educational offerings, and information about the real estate market and brokerage business in Southwest Florida.
You understand and acknowledge that the Website is owned, operated and maintained by 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 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 NABOR®. NABOR® is not responsible or liable for the content of any linked website nor the accuracy of any information provided therein. NABOR® does not make any representation or warranty about 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 from this Website to a third party website does not imply that NABOR® endorses the content on, or the business of, the hyperlinked website, or its owner or operator. 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 any third party website linked to or from this Website.
You agree that NABOR® shall not 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.You understand and agree that this Website includes information, facts, and images about NABOR® and its products, services, publications, and membership opportunities. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE A BINDING OFFER BY NABOR® TO ADMIT YOU TO MEMBERSHIP IN NABOR® OR TO MAKE ANY OF NABOR®’S PRODUCTS OR SERVICES AVAILABLE TO YOU, OR TO AN ENTITY WITH WHICH YOU ARE AFFILIATED ON ANY PARTICULAR TERMS AND CONDITIONS. IF YOU WISH TO BECOME A MEMBER OF NABOR®, OR PURCHASE OR USE ITS PRODUCTS OR SERVICES, YOU MUST CONTACT THE NABOR® REPRESENTATIVES IDENTIFIED ON THE WEBSITE AND COMPLETE THE MEMBERSHIP APPLICATION PROCESS, OR ENTER INTO A BINDING AGREEMENT FOR THE ACQUISITION OR USE OF NABOR®’S PRODUCTS AND SERVICES.
You agree that, as between NABOR® and yourself, any electronic or printed content derived from this Website ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of NABOR® or third parties from whom NABOR® has secured permission to display such Site Materials on this Website. You acknowledge that NABOR® 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.
You agree that, as between NABOR® and yourself, any electronic or printed content derived from this Website ("Site Materials"), constitute the copyrighted or copyrightable and proprietary property of NABOR® or third parties from whom NABOR® has secured permission to display such Site Materials on this Website. You acknowledge that NABOR® 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.
You will use your best efforts to cooperate with NABOR® on reasonable terms and conditions in the event 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.
This Website contains proprietary information 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.
This Website contains proprietary information 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.
These Terms of Use constitutes the entire agreement between you and NABOR® 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 NABOR® with respect to the Website and Site Materials. The failure of NABOR® at any time or times to require performance of any provision hereof shall not in any manner affect the right of NABOR® at a later time to enforce the same provision. 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 these 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 NABOR® relating to the Website, the Site Materials, and this Terms of Use Agreement may be conducted through electronic means.
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED OR ANY GUARANTIES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT. NABOR® 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 NABOR®, ITS AFFILIATED OR RELATED ENTITIES, 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. NABOR® USES GOOD FAITH EFFORTS TO PROVIDE ACCURATE, COMPLETE, AND CURRENT INFORMATION ON THIS WEBSITE, BUT YOU UNDERSTAND THAT NABOR® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT NABOR®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER NABOR®, 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, 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 NABOR® 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, 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 NABOR® may amend or modify these Terms of Use at any time without notice to you. Your use of this Website after NABOR® has amended or modified these Terms of Use shall be deemed your acceptance of such amendments or modifications.
You agree to indemnify, defend, and hold harmless NABOR® and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, litigation expenses and court costs at trial or on appeal, resulting from any violation by you of these Terms of Use.
You agree that your unauthorized use of the Website or the Site Materials will cause injury to NABOR® that cannot adequately be remedied by money damages, and that 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 NABOR® at law or equity. If NABOR® is successful in securing a preliminary injunction order against you, you waive any obligation of NABOR® to post a security bond in conjunction therewith.
You understand that NABOR® has not entered into any form of fiduciary or other confidential relationship with you solely by granting you access to, and use of, the Website or the Site Materials. Your actual use of any NABOR® products or services, or your membership in NABOR®, shall only be pursuant to a separate agreement between you, or the company or entity with which you are affiliated, and NABOR®, or one of its wholly owned subsidiaries, including the M.L.S. of Naples, Inc.
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 or venue of such courts. If NABOR® prevails in any suit to interpret or enforce this Terms of Use Agreement, you agree that, in addition to any other relief deemed appropriate by the Court under the circumstances, the Court may enter an award on behalf of NABOR® and against you for NABOR®'s reasonable attorney's fees, costs, and litigation expenses associated with NABOR®’s prosecution or defense of such suit, or the appeal of any judgment or award rendered on behalf of NABOR®.
