Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of Prosperity Florida, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
Third-Party Content and Links; Recommendations and Opinions. The Website may include information provided by Third Parties including opinions and advice of experts and non-experts. Prosperity Florida, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties. The Website also may include the personal recommendations and opinions of Prosperity Florida or others, including, but not limited to, recommendations or opinions given by Prosperity Florida contributors. Prosperity Florida does not undertake responsibility for screening Prosperity Florida contributors or other participants on the Website or monitoring advice or opinions expressed by them. In addition, highlighting Prosperity Florida contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide.
The Website may include hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither Prosperity Florida nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of Third Parties on the Website nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by Prosperity Florida, Affiliates or their respective employees or agents.
Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Prosperity Florida, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website are registered trademarks of Prosperity Florida, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.
Linking and Framing. Without the prior written permission of Prosperity Florida, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Prosperity Florida or any of their licensors into another website or other service.
Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, services and other Content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither Prosperity Florida, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. Users should use the information obtained from the Website at their own risk.
To the full extent permitted by applicable law, Prosperity Florida, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or any warranty that the Website will operate uninterrupted or error-free. Prosperity Florida does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. Prosperity Florida does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership or otherwise. Prosperity Florida makes no warranties that your use of the materials on the Website, information, software, facilities, forums, service or Content will not infringe the rights of others and Prosperity Florida assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content.
UNDER NO CIRCUMSTANCES WILL Prosperity Florida, AFFILIATES OR ANY OF THEIR RESPECTIVE PRINCIPALS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE PERSONALLY OR OTHERWISE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Investigations. Prosperity Florida reserves the right to investigate suspected violations of these Terms and Conditions of Use. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless Prosperity Florida from any claims resulting from any action taken by Prosperity Florida during or as a result of its investigations or from any actions taken as a consequence of investigations by either Prosperity Florida or law enforcement authorities.
Florida Law. This Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the courts in Collier County, Florida and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.
Digital Millennium Copyright Act (DMCA). Prosperity Florida is committed to complying with U.S. copyright and related laws and requires all users of the Website to comply. If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements. Prosperity Florida designates the following individual as its agent for receipt of notifications of claimed copyright infringement. Thomas R. Grady, 720 Fifth Avenue South, Suite 200, Naples, Florida 34102, 239-261-6555, mac@GradyLaw.com.