FiftySix110 - Cape Coral Foreclosure Specialists

Terms Of Use

ACCEPTANCE OF TERMS

Jeffrey Paul Passantino, PA, a Florida Corporation (“JPP”), makes this website (the “Site”), including all information (relating to distressed properties and otherwise), documents, communications, files, text, graphics, software, products and services available through the site (collectively, the “Materials”) and all services operated by JPP and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that JPP may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

JPP reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

DEFINED TERMS

All user-supplied information, articles, materials, files, communications, and documents are referred to collectively as “User Content.” “JPP Content” means all Materials provided by JPP. User Content, and JPP Content may have different restrictions and conditions associated with them.

TYPES OF USER

Site visitors who wish to browse products and other materials and services offered through the Site. The terms and conditions expressed in this agreement apply to all users and visitors of this Site.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, JPP does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by JPP, this Site may also make available materials, information, and services provided by third parties, including Member agents who advertise their services on the Site (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. JPP offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by JPP. You agree that you will not hold JPP responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the JPP Content and User Content available on this Site subject to the following conditions:

1. The JPP Content and User Content may be used solely for personal, informational, and internal purposes.
2. The JPP Content and User Content may not be modified or altered in any way.
3. The JPP Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the JPP Content and User Content.
5. JPP reserves the right to revoke the authorization to view, download, and print the JPP Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from JPP.
6. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the JPP Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of JPP or other third parties. You are not permitted to use the Marks without the prior written consent of JPP or such third party that may own the Marks.

LICENSE TO JPP FOR USER CONTENT

Certain Services offered through this Site accommodate or require User Content, such as the Site forum, blogs and agent profiles. By submitting User Content to this Site you grant JPP the following license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant JPP a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant JPP the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

PROHIBITED COMMUNICATIONS

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another Member’s account, password, service, or system without authorization from JPP; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

MANAGING CONTENT AND COMMUNICATIONS

JPP reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. JPP may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, JPP will have no liability related to User Content. JPP disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and JPP or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, JPP makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any distressed property informational products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) you will financially profit from using JPP’s process and methodology with respect to distress properties.

This Site could include technical or other mistakes, inaccuracies, or typographical errors. JPP may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date at times, and JPP will make a good-faith effort, but makes no commitment, to update such Materials or Services.

You understand and acknowledge that (i) JPP does not control, endorse, or accept responsibility for any content, advice, products, or services offered by third parties or Members through the Site, including, without limitation, third parties accessible through links on the Site; (ii) JPP makes no representation or warranties whatsoever about any such third parties or Site Members, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) JPP shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. JPP assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site or Site users. No advice or information, whether oral or written, obtained by you from JPP or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

PERSONAL INFORMATION AND PRIVACY

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of JPP or others.

LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall JPP, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not JPP has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

INDEMNITY AND LIABILITY

You agree to indemnify and hold JPP, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by JPP from its offices within the state of Florida, United States of America. By accessing this Site, you and JPP agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause below, you and JPP also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Florida with respect to such matters.

Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Fort Myers, Florida, except that, to the extent you have in any manner violated or threatened to violate JPP’s intellectual property rights, JPP may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between JPP and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by JPP to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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 the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to   info@fiftysix110.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it .

USAGE OF JPP’S DESIGNATIONS

1. Other JPP Trademarks. I understand the right to use JPP’s Marks is limited to those referenced herein and does not extend to any other of JPP’s Marks. I will only display or use the Marks in the manner permitted by JPP.
2. Compliance with JPP Standards, Rules and Policies. I have read, understand, and will comply with all rules and policies contained in JPP’s materials and those posted on the JPP’s website, all of which are incorporated herein by reference, as they presently exist and as they may be amended from time to time.
3. Revocation of Right to Use. JPP retains the absolute and unrestricted right to revoke, at its sole discretion, any rights I have to use any Marks, if JPP finds that I have failed to comply with the JPP’s Rules, Standards, Policies or Procedures or the terms and conditions outlined in this Agreement.
4. Quality of Services. I agree that JPP may monitor the provision of services provided by me in association with the Marks and that, in the event that JPP determines that the quality of those services does not meet JPP’s standards, as it determines in its sole discretion, JPP may terminate this license to use the Marks. Upon termination of this license, I shall immediately cease to use or display any of the Marks for any purpose whatsoever.
5. Indemnification. Neither JPP nor its directors, officers, employees, or others acting on its behalf shall be liable to me for any actions taken or omitted in an official capacity or in the scope of employment, except to the extent that such actions or omissions constitute willful misconduct or gross negligence, and I hereby release JPP and the persons identified above from any liability for any such actions or omissions. I further agree to defend, indemnify, and hold harmless JPP and its directors, officers, employees, and agents from and against any and all claims, demands, judgments, awards, and expenses related thereto (including court costs and reasonable fees of attorneys and other professionals) brought or threatened by any third parties, including my clients, arising out of: (i) any breach by me of the terms and conditions of this Agreement; (ii) any failure by me or my authorized agents to comply with applicable laws; (iii) the services provided by me, (iv) any unauthorized representation, warranty, agreement or the like, express or implied, made by me or my authorized agents to or with any third party with respect to any acts or omissions (including statements, representations or warranties not authorized by JPP); or (v) acts or omissions taken by me in connection with the use of the Marks. Notwithstanding the above, JPP expressly reserves the right to retain separate counsel to participate in the defense or settlement of any such claims.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JPP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE ANY OF JPP’S MARKS, INCLUDING WITHOUT LIMITATION THE REVOCATION OF MY AUTHORIZATION UNDER THIS AGREEMENT, EVEN IF JPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JPP’S LIABILITY UNDER THIS DECLARATION AND AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION) OR OTHERWISE, EXCEED THE AMOUNT I PAID IN APPLICATION/ATTENDANCE FEES FOR JPP’S COURSES. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. Entire Agreement. This Agreement and the documents incorporated herein by reference constitute the complete agreement and supersede all prior or contemporaneous oral or written representations and warranties. JPP may modify the terms and conditions in this Agreement from time to time and I shall be bound by such modification even if my use of the Marks began prior to JPP’s modification to this Agreement. No modification by me to this Agreement shall be binding upon JPP unless in writing and signed by JPP.
8. Assignment. I will not assign or transfer any of my rights or obligations under this Agreement. Any assignment or delegation by me of this Agreement or any of my rights or obligations hereunder shall be null and void. JPP may assign its rights herein, without my prior consent.
9. Relationship. My relationship with JPP is that of a designee granted the right to use the Marks of an institution and in no way constitutes an independent contractor, partnership, franchise, joint venture, agency, or employment relationship.
10. Severability. If any provision of this Agreement shall contravene, be invalid under or be inconsistent with the laws of the country or jurisdiction in which this Agreement shall be performed or enforced, or any portion thereof, then such contravention, invalidity or inconsistency shall not invalidate this entire Agreement. Such provision shall be deemed to be modified to the extent necessary to render it valid and enforceable and if no such modification shall render it valid and enforceable, then this Agreement shall be construed as if not containing the provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.
11. Waiver. No delay on the part of JPP in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single partial exercise of any power or right hereunder preclude other or further exercise thereof or the exercise of any other power or right. No waiver shall be deemed by any course of conduct or acquiescence and shall not be enforceable against JPP unless in writing, signed by JPP, and shall be limited solely to the one event.
12. Enforcement. If I do not cease use of any and all Marks immediately upon revocation, relinquishment, or termination, or I violate the provisions of this Agreement, such action shall be considered exceptional, and I will pay any expenses JPP may incur while enforcing this provision, including, but not limited to, attorney’s fees.
13. Choice of Law; Forum. This Agreement and any action relating thereto shall be governed by and construed and enforced in accordance with the laws of the State of Florida. No choice of law rules of any jurisdiction will apply. Any dispute relating in any way to my use of the Marks shall be submitted to confidential arbitration in Fort Myers, Florida, except that, to the extent I have in any manner violated or threatened to violate JPP’s intellectual property rights, JPP may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and I consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.