Effective as of July 12, 2010
Welcome to www.ParadiseVillageHomes.com, the website and online presence (the “Site” or “Platform”) of Paradise Village, Inc. (“Paradise Village”, “we”, or “us”).
1. Change of Terms
Paradise Village reserves the right, in our sole discretion, to modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes your agreement to all such modifications.
2. Intellectual Property
Unless otherwise noted, all intellectual property, data, or communications (“Content”) on the Site including, but not limited to, text, images, audio, or video is protected by copyrights, trademarks, service marks, and/or other intellectual property rights and is owned, controlled, or licensed by Paradise Village. You may print a copy of the Content of the Site or transmit a copy of the Content of the Site or hyperlink to the Site by e-mail or other electronic means including, but not limited to, posting to Facebook or other social media for your own personal, non-commercial use, but you may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit the Content for commercial use in any other way without the prior written consent of Paradise Village, or the intellectual property rights holder identified in the Content. You may request consent by using the contact us feature.
4. For Personal Use Only
Content on the Site is available only for the personal non-commercial use of the user and all other use is prohibited, unless otherwise stipulated in a separate agreement between You and Paradise Village. You may not take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to your website for commercial reasons, such as advertising sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, or automated agent to access or use any Content on the Site; 4) take Content from the Site and reformat and display Content, or mirror home page or other pages on Your website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up the Site.
5. Links to Other Websites or Services
The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. Paradise Village does not control the availability and content of Linked Sites. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
6. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARADISE VILLAGE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT SOLELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
PARADISE VILLAGE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
PARADISE VILLAGE, OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
7. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PARADISE VILLAGE, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH PARADISE VILLAGE, EVEN IF PARADISE VILLAGE OR A PARADISE VILLAGE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED
You agree to indemnify, defend, and hold Paradise Village, our affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your violation or alleged violation of these Terms or use of the Site.
The failure of Paradise Village to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of Paradise Village.
10. Governing Law.
The Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to the Terms or Paradise Village will be filed only in the state or federal courts in and for Broward County, Florida, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by Paradise Village without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Without limiting any other provision of the Terms, the Terms create no agency, partnership, joint venture, or employee-employer relationship between You and Paradise Village.
16. Entire Agreement.
The Terms are the entire agreement between You and Paradise Village relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by Paradise Village as set forth in section 1 of the Terms.
17. Contact Information
Paradise Village, Inc.
12580 W. State Road 84
Davie, FL 33325
Ph: (954) 472-2953