terms of use
Terms of Use Agreement
User Agreement | Registered User Agreement
USER AGREEMENT
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 19 June 2015.
This Terms of Use Agreement sets forth the standards of use of the La Florida Online Service. By using the La Florida website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the La Florida website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
La Florida is providing Member with information services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by La Florida on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, La Florida makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. La Florida shall have no liability for any interruptions in the use of this Website. La Florida disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to you.
3. Limitation of Liability
LA FLORIDA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR LA FLORIDA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LA FLORIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE .
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Indemnification
Member agrees to indemnify and hold La Florida, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
La Florida reserves the right to modify or discontinue the Service with or without notice to the Member. La Florida shall not be liable to Member or any third party should La Florida exercise its right to modify or discontinue the Service. Member acknowledges and accepts that La Florida does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
7. Disclaimer Regarding Accuracy of Product Information
Product specifications and other information have either been provided by the developer, builder, architect, owner, or collected from publicly available sources. While La Florida makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Photos, renderings, plans, prices, land uses, improvements, amenities, dimensions, specifications, materials and availability depicted on this website of may be conceptual and are subject to change or cancellation without notice. Scenes may include artist's renderings, and may be from areas not located on the property or on unimproved locations on or near the property.
La Florida makes no warranties or representations whatsoever with regard to any product information provided.
The properties described are within the State of Florida and is for informational purposes only. All information is subject to change without notice. Refer to sales contract and related offering documents and applicable homeowners' association materials for important information about the property. THIS IS NOT AN ADVERTISEMENT, INDUCEMENT, SOLICITATION, OR ATTEMPT TO ENCOURAGE ANY PERSON TO ACQUIRE AN INTEREST IN A CONDOMINIUM UNIT IN ANY STATE WHERE REGISTRATION REQUIREMENTS HAVE NOT BEEN MET. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR A LESSEE. VOID WHERE PROHIBITED BY LAW.
8. Governing Jurisdiction of the Florida Courts
Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, photographs, interfaces, and the selection and arrangements are owned or licensed by La Florida, with all rights reserved, or is the property of La Florida and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of La Florida is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of La Florida.
La FloridaSM, the stylized "IT", and We Make IT HappenSM are proprietary marks of La Florida. La Florida's service marks may not be used in connection with any product or service that is not provided by La Florida, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits La Florida.
All other trademarks displayed on La Florida's website are the trademarks or service marks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks, service marks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with La Florida.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, La Florida designates Margaret Stopp as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Moore, Hill & Westmoreland, P.A.
350 West Cedar Street, Suite 100
Pensacola, FL 32502
By Telephone: 850.434.3541
12. Botnets
La Florida retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, La Florida reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Interactive Services
La Florida may provide interactive services that may allow posting of information such as a bulletin board (BLOG) or real time access to a La Florida Associate via an internet communication link. La Florida has no control over others who may view information that you post on bulletin boards or other interactive portions of the website; or any unauthorized use of this information. Please use common sense and caution before posting personal information in interactive areas of the website. La Florida reserves the right to edit, remove, or refuse to post any information that is in violation of any laws, regulations, common decency, or the Terms of Use. La Florida will disclose any information as necessary to satisfy any law, regulation or government request.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by La Florida, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.