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IMPORTANT! THE TERMS OF SERVICE (“TOS”) GOVERN YOUR USE OF THIS WEBSITE (“SITE”) AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE ARCHER GROUP A FLORIDA LIMITED LIABILITY CORPORATION (“THE ARCHER GROUP ”). BY SUBMITTING INFORMATION TO OR ACCESSING INFORMATION FROM THE SITE, YOU AGREE TO THE TOS. IF YOU DO NOT AGREE TO THE TOS, THEN DO NOT SUBMIT INFORMATION TO OR ACCESS INFORMATION FROM THE SITE.
1. DESCRIPTION OF SERVICE
The Archer Group, through the Site, currently provides users with access to a collection of services and resources, including, without limitation, various informative articles, property listings and links relating to the sale of land and development of communities in Florida (collectively, the “Services”). You also understand and agree that the Services may include advertisements and that these advertisements are necessary for The Archer Group to provide the Services.
2. SECURITY
Content of the Site
The Site contains material, data, information, files and photographs relating to the sale of land and the development of communities (collectively, the “Content”).
Information You Provide
You may not post, send, submit, publish, or transmit in connection with the Site any material that (“Prohibited Material”): Contains proprietary material and/or protected information of any third party without their consent in accordance with applicable law; Does not pertain directly to the Site; Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; Violates any law or may be considered to violate any law; Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site; or Disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site.
The Archer Group shall have the right to monitor all use of the Site made by you, Submissions (as defined below) and all e-mail messages to determine compliance with the TOS, as well as the right to remove or refuse any information for any reason in accordance with applicable law. Notwithstanding these rights, you remain solely responsible for the content of your Submissions.
The Archer Group reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing The Archer Group to disclose Content, the identity of anyone posting Content, or publishing or otherwise making available any materials that are believed to violate the TOS.
BY ACCEPTING THE TOS YOU WAIVE, RELEASE AND HOLD HARMLESS THE ARCHER GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ARCHER GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ARCHER GROUP OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
Submissions
You hereby grant to The Archer Group the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, patient data and information, graphics, and other information communicated to The Archer Group or provided by you to the Site (together, the “Submissions”), and to incorporate any Submissions in other works in any form, media, or technology now known or later developed. The foregoing right shall be subject to applicable state and federal law requiring Submissions to remain confidential. You agree to maintain your own back-ups of your Submissions, and The Archer Group shall have no liability for any deleted, lost or modified Submissions or related materials. It is a condition of your access to the Site that all information provided by you to The Archer Group and all Submissions are correct and complete.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
4. INDEMNITY
You agree to defend, indemnify and hold harmless The Archer Group, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, contractors, officers, shareholders, directors, and contractors (the “Indemnified Parties”) from and against any actual or threatened claims, damages, liabilities, demand, judgments, awards, costs and expenses including reasonable attorneys’ fees, due to, arising out of or relating to: (i) your use of the Site and the Services; (ii) your violation of the TOS; (iii) your violation of any rights of any Content owner; (iv) your use of the Content; (v) Submissions provided by you or on your behalf; and (vi) any post, sending, submission, publishing, transmitting or using any Prohibited Material. The foregoing indemnify shall apply whether your acts or omissions were intentional, negligent or reckless.
5. NO RESALE OF SERVICE
You may use the Site only for purposes in furtherance of your internal business as expressly set forth in the TOS or in a separate agreement with The Archer Group or its consultant, agent or contractor. The Archer Group may post additional guidelines on the Site, consistent with the TOS, and such guidelines shall also govern your use of the Site. Your use of the Site is solely limited to internal use for viewing the Site’s Content and utilizing the Services. Your use of the Site and the Content, whether in whole or in part, shall not be made for the benefit of any third party or sublicensed, transferred or assigned. The Site may not be used or sublicensed by you for the purpose of commercial timesharing, service bureau or other rental or sharing arrangements.
The Site contains robot exclusion headers. You agree that you will not use any device, software or routine to bypass The Archer Group’s robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. Use of any robot, spider, web crawler, automated query device, or other automatic device, or manual process to monitor or copy the web pages or the Content contained herein without The Archer Group’s prior express written permission is prohibited. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site is also prohibited.
You may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site within or as part of any other site, or (iii) hyper-link to the Site. For purposes of the TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or the Content accessible within the Site.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that The Archer Group may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site. You agree that The Archer Group has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge that The Archer Group reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Archer Group reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. TERMINATION
You agree that The Archer Group, in its sole discretion, may terminate use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if The Archer Group believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Archer Group may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice. Further, you agree that The Archer Group shall not be liable to you or any third-party for any termination of your access to the Services.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Archer Group shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
9. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Archer Group has no control over such sites and resources, you acknowledge and agree that The Archer Group is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Archer Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. The Archer Group’S PROPRIETARY RIGHTS
Except as provided by applicable law and except for Submissions made by you and/or by third parties, all Content is the proprietary information of The Archer Group, and The Archer Group retains all right, title and interest therein. The Content includes all screen displays, page layouts and designs and source, object, executable and HTML coding (“Software”). To the fullest extent permissible by law, everything you see or read on the Site is copyrighted and protected by the copyright laws of the United States and by international treaties and may be the subject of one or more patents or pending patent applications. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell, republish, rent, lease, loan, distribute, upload, post, transmit or exploit for any purposes, any portion of the Site, the Content, the Services or access to the Site except as permitted by the TOS. When authorized to print Content from the Site, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the TOS violates The Archer Group’s intellectual property rights. Except as expressly set forth in the TOS no rights, express or implied, are granted to you.
The Archer Group grants you a limited, personal, non-transferable and non-exclusive right and license to use the object code of the Software necessary for using the Site on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the same. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by The Archer Group for use in accessing the Service.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ARCHER GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE ARCHER GROUP MAKES NO CLAIM THAT THE SITE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. THE ARCHER GROUP MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE ARCHER GROUP MAKES NO CLAIM THAT IT WILL CORRECT ERRORS IN THE SOFTWARE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE ARCHER GROUP OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY PROVISION OF THE TOS TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ARCHER GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES. THE FOREGOING SHALL APPLY EVEN IF THE ARCHER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE ARCHER GROUP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF MONIES PAID BY YOU TO THE ARCHER GROUP DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THE TOS FAIL OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THE ARCHER GROUP SHALL HAVE NO LIABILITY, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, OR INFORMATION OBTAINED OR MESSAGES RECEIVED FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE A SOPHISTICATED PURCHASER AND USER OF THE SITE AND THAT THE ALLOCATION OF RISKS IN THE TOS ARE REFLECTED IN THE RATES AND CHARGES PROVIDED TO YOU FOR USE OF THE SITE AND SERVICES, IF ANY, THAT HIGHER CHARGES WOULD BE MADE BUT FOR LIMITATION OF LIABILITY SET FORTH IN THE TOS, AND THAT THE ALLOCATION OF RISKS UNDER THE TOS ARE REASONABLE AND APPROPRIATE UNDER THE CIRCUMSTANCES.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14. NOTICE
Notices to you may be made via email, first class mail or overnight delivery. The Site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Site.
15. COPYRIGHTS and COPYRIGHT AGENTS
The Archer Group respects the intellectual property of others, and we ask The Archer Group’s Site users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Archer Group the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Archer Group’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: sales@TheArcherGrp.com
16. GENERAL INFORMATION
The TOS constitute the entire agreement between you and The Archer Group and govern your use of the Site and the Services, superceding any prior agreements between you and The Archer Group. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. The parties agree that the exclusive venue for any dispute arising out of or relating to the TOS, the Content or the Site will be in the state and federal courts located in Jacksonville, Duval County, Florida, and the parties consent to the personal jurisdiction of such courts. The parties agree that the TOS shall not be governed by the Uniform Computer Information Transactions Act (“UCITA”) should that Act be in force or later enacted in any jurisdiction governing the TOS. If any part of the TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions; however, a court reaching such a conclusion shall first endeavor to give effect to the parties’ intentions as reflected in the provision. Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. The failure of The Archer Group to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
17. VIOLATIONS
Please report any violations of the TOS to The Archer Group’s Customer Care group at:
sales@TheArcherGrp.com
Last updated: September 2007.
Copyright © 2007 The Archer Group All rights reserved |
