FloridaHomePath.com, LLC Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING WWW.FLORIDAHOMEPATH.COM AND/OR ANY WEBSITE OWNED AND OPERATED BY FLORIDAHOMEPATH.COM, LLC.

Agreement between User and FloridaHomePath.com LLC

FloridaHomePath.com LLC, hereinafter referred to as “FloridaHomePath” is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of FloridaHomePath constitutes your agreement to all such terms, conditions, and notices. We reserve the right to change the terms, conditions, and notices under which FloridaHomePath is offered, including but not limited to the changes associated with the use of FloridaHomePath. Such changes will become effective five business days after being posted on the FloridaHomePath website.

Limitations of Use

The FloridaHomePath Site is for your personal and noncommercial use. As a condition of your use of FloridaHomePath, you warrant to us that you will not use FloridaHomePath for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use FloridaHomePath in any manner which could damage, disable, overburden, or impair the FloridaHomePath or USHomePath websites or interfere with any other party's use and enjoyment of FloridaHomePath. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through FloridaHomePath.

You shall not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party FloridaHomePath or its content in any way; (b) modify or make derivative works based upon FloridaHomePath or its content; (c) "frame" or "mirror" any of its content on any other server or wireless or Internet-based device; or (d) reverse engineer or access FloridaHomePath in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of FloridaHomePath, or (iii) copy any ideas, features, functions or graphics of FloridaHomePath.

Indemnification

You agree to indemnify and hold FloridaHomePath, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the FloridaHomePath Web Sites in a manner that violates or is alleged to violate these Terms and Conditions. FloridaHomePath shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements

FloridaHomePath’s web sites may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by FloridaHomePath of the sites, but is for your reference and convenience only. FloridaHomePath has not reviewed the sites linked to our web site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to FloridaHomePath. Nor does FloridaHomePath recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.

The FloridaHomePath Web Sites also contain advertisements by third parties. Unless otherwise specifically stated on the Web Site, FloridaHomePath does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.

Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the FloridaHomePath Web Sites, provided that the hyperlink accurately describes the content as it appears on the Web Site. FloridaHomePath reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the FloridaHomePath Web Sites to a server, except as part of an Internet service provider's incidental caching of pages. Each page within FloridaHomePath must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within FloridaHomePath.

Intellectual Property Ownership

We alone (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the FloridaHomePath technology, the FloridaHomePath content and templates and any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to this Agreement. This Agreement is not a sale and does not convey to you any rights of ownership in or related to FloridaHomePath, the FloridaHomePath technology or the intellectual property rights owned by us. The FloridaHomePath and USHomePath names, the FloridaHomePath and USHomePath logos, and the product names associated with FloridaHomePath and USHomePath are our trademarks or third parties, and no right or license is granted to use them.

FloridaHomePath Copyright Takedown Procedure

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to FloridaHomePath.com, LLC

ATTN: Jason Nordin
FloridaHomePath.com LLC
11237 Cypress Reserve Drive
Tampa, FL 33626

ALL INQUIRIES NOT RELEVANT TO FLORIDAHOMEPATH WILL NOT RECEIVE A RESPONSE.

If you believe any materials accessible on or from FloridaHomePath infringe your copyright, you may request removal of those materials (or access thereto) from FloridaHomePath by contacting our copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this web site is as follows:

FloridaHomePath.com
ATTN: General Counsel
FloridaHomePath.com, LLC
12157 W. Linebaugh Ave #172
Tampa, FL 33626

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances.

FloridaHomePath retains full copyright ownership, rights and protection in all material contained on FloridaHomePath, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site.

You may, however make single copies of materials displayed on the FloridaHomePath Web Sites for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from FloridaHomePath or the copyright owner of the copied material.

None of the material contained on the FloridaHomePath sites may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of FloridaHomePath. All content of FloridaHomePath is Copyright FloridaHomePath.com, LLC All rights reserved.

Customer Data Confidentiality

Confidential customer data is the property of the customer. FloridaHomePath will not utilize confidential data without prior customer consent except as otherwise set forth in the privacy policy. FloridaHomePath may use aggregate installed base customer statistics in a confidential manner for internal analysis and external marketing purposes.

FloridaHomePath sometimes uses third party databases or information to verify information you have submitted to our conduit. We do our best to make sure our information is up-to-date. However there may be times when this information is incorrect and your submitted information is received by an incorrect recipient. FloridaHomePath requires all end recipients to adhere to a confidentiality agreement. If such a situation arises all confidential information will be handled accordingly and resubmitted to the correct recipient. In these cases and situations you agree to indemnify and hold harmless FloridaHomePath.com, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, such instances.

Materials Provided To Us or Posted on FloridaHomePath Website

FloridaHomePath does not claim ownership of the materials you provide to FloridaHomePath (including feedback and suggestions) or post, upload, input or submit to any FloridaHomePath websites or its associated services (collectively "Submissions") or works specifically created by FloridaHomePath for you. However, by posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of our and their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In no event will FloridaHomePath be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the FloridaHomePath discussion forums, or any information or services provided on FloridaHomePath, even if FloridaHomePath has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on FloridaHomePath.

FloridaHomePath is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove notes at its sole discretion and without explanation.

Links to Third Party Sites

Links/Advertisements

FloridaHomePath may contain links to third-party websites ("Linked Sites"). The inclusion of any link to such sites does not imply endorsement or any association with its operators by FloridaHomePath, but is for your reference and convenience only. Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nor does FloridaHomePath recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.We are not responsible for webcasting or any other form of transmission received from any Linked Site.

Termination

We reserve the right, in our sole discretion, to terminate your access to FloridaHomePath and the related services or any portion thereof at any time, immediately upon notice.

You agree that FloridaHomePath may terminate your use of the Web Site, if FloridaHomePath reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of FloridaHomePath or any third party, or for any reason with or without notice to you. You agree that FloridaHomePath may modify or discontinue FloridaHomePath, with or without notice to you. You agree that FloridaHomePath will not be liable to you or any third party as a result of such modification or discontinuation.

Survival

The provisions entitled "Your Submissions," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with FloridaHomePath, or in any way relating to your use of FloridaHomePath ("Legal Action"), resides in the courts of Florida. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the State of Florida. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to FloridaHomePath.com must commence within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notice

The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of FloridaHomePath, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.

FloridaHomePath may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on FloridaHomePath, or by written communication delivered by first class U.S. mail to your address on record in FloridaHomePath's account information.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FLORIDAHOMEPATH MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO FLORIDAHOMEPATH. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO FLORIDAHOMEPATH AT ANY TIME. ADVICE RECEIVED VIA FLORIDAHOMEPATH SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH FLORIDAHOMEPATH FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FLORIDAHOMEPATH, WITH THE DELAY OR INABILITY TO USE FLORIDAHOMEPATH OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FLORIDAHOMEPATH, OR OTHERWISE ARISING OUT OF THE USE OF FLORIDAHOMEPATH, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FLORIDAHOMEPATH, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FLORIDAHOMEPATH.

IN NO EVENT SHALL FLORIDAHOMEPATH OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE FLORIDAHOMEPATH WEB SITES OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLORIDAHOMEPATH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLORIDAHOMEPATH SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Disclaimer of Warranties

Neither FloridaHomePath nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of FloridaHomePath results in the need for servicing or replacing property, material, equipment or data, FloridaHomePath is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of FloridaHomePath. FloridaHomePath reserves the right to change or discontinue at any time any aspect or feature of the Web Site.

FloridaHomePath does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. FloridaHomePath reserves the right to change or discontinue any aspect or feature of the Web Site at any time.

You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of FloridaHomePath. Accordingly, FloridaHomePath assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON FLORIDAHOMEPATH IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FLORIDAHOMEPATH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR FLORIDAHOMEPATH SERVICES.

Copyright © 2010 FloridaHomePath.com LLC