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Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE
Thank you for visiting the web site, http://www.capeharbour.com/ (the “Site”).  The following terms and conditions of use (“Terms of Use”) apply to your access to and use of the Site.  Compliance with and acceptance of these Terms of Use are required in order for you to have access to and use of the Site.  If you do not agree with or do not accept any of these Terms of Use, please immediately exit the Site and refrain from further access. 

  1. The term “you” shall refer to the user who is browsing the Site. The term “Company” shall refer to Realmark Realty Group, LLC and its successors and assigns.  The term “Parties” means you and Company (including Company’s successors and assigns).  Please review the Company Privacy Policy, which also governs your visit to the Site. 
  2. By using the Site, you agree to follow and be bound by these Terms of Use.  Company reserves the right, in its sole discretion and without advance notice, to change, modify, add or remove all or any portion of the Site or these Terms of Use.  Changes to these Terms of Use shall be immediately effective when posted to the Site.  Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes. 
  3. Company may terminate your access at any time for any reason.  The provisions regarding the disclaimer of warranty (Item 6), limitation of liability (Item 7), and indemnification (Item 8) shall survive such termination.  Company may monitor access to the Site.
  4. You agree to use the Site solely for informational purposes about Company and its products and services and any other use is expressly prohibited.  All site content, materials, information and statements (collectively “Site Content”) present on the Site is the exclusive property of Company.  “Site Content” includes, without limitation, the software, text, information and images, as well as graphics, interactive features, video and audio, if any, used on the Site.  All underlying elements of the Site (including source code, object code and other sets of statements or instructions that relate to the operation or functions of the Site) (“Site Code”) are the exclusive property of Company.  No Site Content and no Site Code may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Company. All rights not expressly granted herein are reserved.  All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, Site Content and Site Code are the property of Company, its owner(s) or its licensor(s).  Nothing in these Terms of Use shall convey an ownership interest or a license in any Site Content or any Site Code.  Furthermore, unauthorized use of Site Content or Site Code may violate copyright, trademark, patent and other applicable laws, and could result in criminal or civil penalties.   By transmitting to information or materials via this web site or otherwise through electronic means, you grant to Company an unrestricted, irrevocable license to use, reproduce, display, modify, perform, transmit and distribute such information or materials, including any ideas, know-how, concepts or techniques contained therein free of charge for any purpose whatsoever.
  5. Unless expressly permitted in writing from Company, you will not frame, link or commercially exploit the Site (including, without limitation, any Site Content and any Site Code).
  6. YOUR USE OF THE SITE is entirely at your own risk.  The Site, and all SITE content and SITE CODE are provided on an "as is" and "as available" basis.  Company expressly disclaims all warranties of any kind, whether STATUTORY, express or implied, including, but not limited to, the implied warranties of (a) suitability for any particular purpose OR FITNESS FOR A PARTICULAR PURPOSE, (b) merchantability, (c) completeness, (d) accuracy, (e) non-infringement, AND (F) FREEDOM FROM interruption, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS.  WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.   
  7. UNDER NO CIRCUMSTANCES (REGARDLESS OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND REGARDLESS OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES) SHALL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, CONTRACTORS, SUPPLIERS, TRANSFEREES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF PROGRAMS OR INFORMATION RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, DELAY, INTERRUPTION IN SERVICE OR USE OF THE SITE (INCLUDING SITE CONTENT AND SITE CODE) OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE (OR YOUR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE), REGARDLESS OF CAUSE AND EVEN IS SUCH MATERIAL IS INACCURATE OR INCORRECT.  IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE, FOR ANY REASON. HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING HEREFROM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
  8. You agree to indemnify, defend and hold harmless Company, its owners, affiliates,  transferees, successors, assigns and their directors, officers, employees, contractors, licensors, licensees, agents, and suppliers against all losses, expenses, damages and costs, including but not limited to court costs and reasonable attorneys’ fees, resulting from (a) your use of the Site or others’ use of the Site who gain access through your system or to whom you have provided access to Site Contents; and/or (b) any violation of these Terms of Use by you or by others that gain access to the Site through your system or to whom you have provided access to Site Contents.  Company reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Company in asserting any available defenses.  You shall be responsible for any damages or fines assessed due to violation of these Terms of Use by you or others that gain access to the Site through your system or to whom you have provided access to Site Contents.
  9. Products and services, particularly interests in real estate, offered through the Site may be subject to license terms and terms of use or sale that are in addition to, or distinct from, these Terms of Use.  Therefore, the provision and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by Company or the third-party supplier(s) of the product(s) or service(s).
  10. Any claims or disputes arising from or related to the Site (including, without limitation, these Terms of Use, the Site Content and the Site Code) shall be brought and resolved only in the appropriate State or Federal Courts located in Lee County, Florida, and you expressly consent to the jurisdiction and exclusive venue of said courts.  However, Company, in its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to:  (a) apply the choice of law specified above; and (b) take place in Lee County, Florida

If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these Terms of Use and their subject matters.  In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Florida law, jurisdiction and forums for dispute resolution.

You agree and represent that you have carefully considered these Terms of Use and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Company.

If any provision(s) of these Terms of Use are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (a) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (b) if option (a), above, cannot be implemented, the unenforceable provision(s) shall be excised from these Terms of Use and the Parties shall negotiate in good faith with respect to their modification.  If the Parties cannot agree to a modification, these Terms of Use shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party.

These Terms of Use comprise the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in writing supplied by Company.

  1. These Terms of Use and Company’s interests, rights and obligations hereunder may be transferred by Company to a subsequent owner of an interest in the Site.
  2. The Site provides links to other web sites (including access to content, products and services) that are not maintained or controlled by Company.  These links are provided solely for your convenience.  Company makes no representations or warranties about (and Company is not responsible for) the content of any products or services offered by, or the intellectual property compliance of, such other web sites, and you shall bear all risks associated with the use of such web sites.  Company recommends that you read the policies and terms of use posted on other web sites regarding privacy and other topics before using those sites.  Company is not responsible for any loss or damage of any sort you may incur from dealing with any third party.


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Southwest Cape Coral Florida
Go south on Chiquita Blvd. from either Cape Coral Parkway or Veterans Parkway
(239) 945-6116 or (877) 945-6116

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