TERMS OF USE

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General

This Agreement governs your use of this web site and its associated services, including interactive chat and forum discussion areas, which are owned and operated by CapeCoral.com LLC. and its subsidiaries, affiliates, divisions and related companies.

CapeCoral.com LLC. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the CapeCoral.com. Your use of the CapeCoral.com constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by CapeCoral.com LLC as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.

The information contained in this site represents the current view of CapeCoral.com, because this site must respond to changes about current events and business within the city of Cape Coral, it should not be interpreted to be a fact or a commitment on the part of CapeCoral.com. The information provided in this site, including information provided by advertisers, is provided on an "as is" basis without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and freedom from infringement. The user assumes the entire risk as to the accuracy and the use of this site. The information contained in this site is not intended to be and shall not constitute an absolute.

CapeCoral.com does not specifically endorse any of the products of its advertisers and is not responsible for the effectiveness of any such product. Further, CapeCoral.com is not responsible for the content of any site by virtue of a link between that site and any site of CapeCoral.com.

Terms of Use

You acknowledge that CapeCoral.com contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of CapeCoral.com LLC. or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the content for commercial use must obtain prior express written permission of CapeCoral.com LLC.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may not use spiders, robots, data mining techniques or other automated techniques to catalog, download or otherwise reproduce, store or distribute content available on the Web Service. Further, you may not exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Web Service to any third party. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain.

You assume all right and responsibility for determining whether any content is in the public domain. You hereby grant to CapeCoral.com LLC. a perpetual, worldwide, royalty-free, freely transferable right and license to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of CapeCoral.com LLC. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and "free" content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of CapeCoral.com LLC, or the owners of such content or their authorized persons if other than CapeCoral.com LLC.

You agree to use the web site in accordance with these Terms of Use. Accessing the web site, in any manner, for the purpose of obtaining information, technical or otherwise, constitutes use of the web site such that these Terms of Use bind the party accessing the web site. CapeCoral.com LLC. and its affiliates may need to change these Terms of Use or impose new conditions on use of the web site, from time to time, in which case we will post the revised Terms of Use on the web site. By continuing to use the web site after we post any such changes, you accept the Terms of Use, as modified. You may establish a hypertext link to the web site so long as the link does not state or imply any sponsorship of your site by CapeCoral.com or its affiliates. However, you may not, without the prior written permission of CapeCoral.com, frame any of the content of the web site, or incorporate into another website any material from the CapeCoral.com web site.

Disclaimers of Warranties; Limitation of Liability 

The web site includes links and pointers to Internet sites, content and services provided by third parties. Seeitsoldonline.com whatsupcapecoral.com and its affiliates linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, CapeCoral.com LLC and its affiliates does not operate or control in any respect, any information, products or services that third parties may provide on or through CapeCoral.com and its affiliates.

USE OF THE WEB SITE IS AT YOUR OWN RISK. NEITHER CAPECORAL.COM LLC NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CAPECORAL.COM ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER CAPECORAL.COM LLC, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER CAPECORAL.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

NEITHER CAPECORAL.COM LLC OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PENTON, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

CAPECORAL.COM LLC AND ITS AFFILIATES HAS NO RESPONSIBILITY OR LIABILITY OF ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED BY OTHERS. IN NO EVENT SHALL CAPECORAL.COM LLC. ITS AFFILIATES, EMPLOYEES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (Since some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, the liability of CapeCoral.com LLC and its affiliates is limited to the fullest extent permitted by such state law.) E- COMMERCE. 

CapeCoral.com LLC and its affiliates may allow you to purchase many different types of products and services online that are provided by third parties. CapeCoral.com LLC and its affiliates are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If a purchase is made from a merchant on the Web Site or sites linked to by CapeCoral.com and its affiliates, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. CapeCoral.com LLC and its affiliates have no responsibility or liability for these independent practices. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant directly. You release CapeCoral.com LLC and its affiliates, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur, and agree not to assert any claims against them arising from or relating to your purchase or use of any products or services made available by third parties through Seeitsoldonline.com whatsupcapecoral.com and its affiliates.

When you purchase products or services on or through the Web Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the web Site. You agree to use the Web Site and to purchase services or products through the Web Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to CapeCoral.com LLC and its affiliates or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

Interactive Features

The Sites may include a variety of features, such as bulletin boards, chat rooms, and email services that allow feedback CapeCoral.com LLC and its affiliates and real-time interaction between users and other features, such as personalized homes pages and e-mail services that allow users to communicate with others. You are responsible for material that you post on bulletin boards, chat rooms and other public posting areas on the Sites. CapeCoral.com LLC and its affiliates does not control or routinely review the messages, information or files that others may provide through the Web Site. It is a condition of your use of the Web Site that you do not:

· Restrict or inhibit any other user from using and enjoying the Web Site.

· Post or transmit any unlawful, threatening, abusive, libelous, fraudulent, false, defamatory, discriminatory, obscene, vulgar, hateful, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

· Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

· Post or transmit any information, software or other material that contains a virus or other harmful component. · Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

· Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of CapeCoral.com LLC.

· Gather for the purpose of spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.

· Use or attempt to use another person’s account, password or services. · Disrupt, interfere with or otherwise violate the security of the Sites or any services, accounts, passwords, servers or networks related to the Sites.

· Send repeated messages to another user or repeat postings of the same message under the same or multiple subjects.

A VIOLATION OF THE FOREGOING MAY BE REFERRED TO LAW ENFORCEMENT You agree CapeCoral.com LLC and its affiliates has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Web Site through which users can supply information or material. CapeCoral.com LLC and its affiliates reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in CapeCoral.com LLC and its affiliates sole discretion are objectionable or in violation of these Terms of Use.

Indemnity

You agree to indemnify, defend and hold CapeCoral.com LLC and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "CapeCoral.com LLC Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any CapeCoral.com LLC Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. CapeCoral.com LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CapeCoral.com LLC defense of such claim.

Classified Advertising

Classified ads for publication on CapeCoral.com, as it appears on CapeCoral.com becomes the property of CapeCoral.com LLC and its affiliates and you assign all ownership interest in the advertisement as it appears on the Web Site, under copyright law or otherwise, to CapeCoral.com LLC and its affiliates. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. CapeCoral.com LLC and its affiliates reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Real Estate Advertisements

All real estate advertised at the Web Site is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. CapeCoral.com LLC and its affiliates will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.

Termination

CapeCoral.com LLC and its affiliates may terminate or restrict your use of the Web Site or any part of the Web Site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Web Site affected by such termination or restriction.

Miscellaneous

This Terms of Use constitutes the entire agreement between CapeCoral.com LLC and its affiliates and you with respect to the subject matter contained in this Terms of Use and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Web Site. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Web Site must be filed in the state or federal courts located in Cape Coral, Florida. CapeCoral.com LLC and its affiliates may transfer its rights and obligations under the Terms of Use at any time without notice. If any provision of these Terms of Use shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any failure of CapeCoral.com LLC and its affiliates to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled License To CapeCoral.com LLC and its affiliates, Disclaimers And Limitation Of Liability, Indemnification, Interactive Features, and other provisions for which survival is equitable or appropriate, shall survive.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

CapeCoral.com, LLC
Attn: Michael Gennaro
4635 Del Prado Blvd. S Cape Coral, Fl. 33904
Email: info@CapeCoral.com 

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Should you have any questions about this Web Service, you may contact us at: info@CapeCoral.com or 239.265.0794