These Terms and Conditions of Use apply to this program , referred to hereafter as 'Listing Sidekick™', and all other sites that are licensed to link to it. Listing Sidekick is the property of Direct Axess, LLC. BY USING THIS PROGRAM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE PROGRAM.
Direct Axess, LLC. reserves the right to change, modify, add or remove portions of these Terms of Use at any time. As long as you comply with these Terms of Use,Direct Axess, LLC. grants you a personal, non-exclusive privilege to visit and use Listing Sidekick™.
All information is subject to change and should be independently verified. All Listings displayed in this search program are Copyright© 2010, Florida Gulf Coast MLS, INC. Disclaimer: Direct Axess LLC and Florida Gulf Coast MLS, INC makes no representations or warranties of any nature with regard to the privacy and/or business practices of the websites linked from or to this MLS Search Program or the current website it is being viewed from nor with regard to their use of any information they may collect.
While the actual program is Copyright © 2010 Direct Axess, LLC, the property listings in Listing Sidekick™ are all Copyright © 2010 Florida Gulf Coast Multiple Listings Service, Inc.; All rights reserved. The data relating to real estate for sale in Listing Sidekick™ is the copyrighted and proprietary database of the Florida Gulf Coast Multiple Listings Service, Inc. The properties displayed may not be all of the properties in the Florida Gulf Coast Multiple Listings Service Inc and Cape Coral Multiple Listings Service and Bonita Springs and Estero Multiple Listings Service, or all of the properties listed with Brokers participating in the cooperative data exchange program. Information provided is thought to be reliable but is not guaranteed to be accurate; buyers are advised to verify facts before making the decision to purchase a property. No warranties, expressed or implied, are provided for the data herein, or for their use or interpretation by the user. Information provided is for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties that consumers may be interested in purchasing. Each Listing broker has attempted to offer accurate data, but buyers are advised to confirm all items.
All Amenities and other information shown are for informational pruposes only and while we do our best to provide current and accurate information, nothing is guaranteed to be accurate and should always be verified by you. By using this software, you agree that if any information is ever found to be inaccurate, Direct Axess, LLC, Listing Sidekick, owners and/or employees are not responsible. We, however, would like to fix any inaccuracies immediately and an email from you notifying us of any inaccuracies would be greatly appreciated.
Listing Sidekick™, DirectAxess.com and SearchSlinger.com are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Direct Axess, LLC. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON DIRECTAXESS.COM OR SEARCHSLINGER.COM OR Listing Sidekick™, INCLUDING TEXT, GRAPHICS, CODE, DATABASES AND/OR SOFTWARE.
TO LOGIN AS AN AGENT, YOU MUST BE A REALTOR AND A MEMBER OF THE GREATER FORT MYERS AND THE BEACH ASSOCIATION OF REALTORS, CAPE CORAL ASSOCIATION OF REALTORS or BONITA SPRINGS AND ESTERO ASSOCIATION OF REALTORS IN ORDER TO USE THIS PROGRAM. IF YOU ARE NOT A REALTOR OR A MEMBER OF THESE MLS BOARDS MENTIONED THEN YOU MUST STOP USING THIS PROGRAM IMMEDIATELY. BY ANY FURTHER USE YOU AGREE THAT YOU ARE ILLEGALLY USING THIS PROGRAM AND IT'S DATA AND YOU AGREE TO BEING PROSECUTED TO FULL EXTENT OF FLORIDA LAW AND TO PAY ALL ATTORNEYS FEES IF APPLICABLE.
You may not 'reverse engineer' or use any device, program, or algorithm or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Listing Sidekick™ or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of Listing Sidekick™ or any of its content. Direct Axess, LLC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of Listing Sidekick™, or any other systems or networks connected to Listing Sidekick™ or to any Direct Axess, LLC’s servers, or to any of the services offered by Listing Sidekick™, by hacking, password programs or any other legal or illegal means.
You may not probe, scan or test the vulnerability of Listing Sidekick™ or any network connected to Listing Sidekick™, nor breach the security or authentication measures of Listing Sidekick™ or any network connected to Listing Sidekick™. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Listing Sidekick™, or any other customer of Direct Axess, LLC, including any Direct Axess, LLC account not owned by you, to its source, or exploit Listing Sidekick™ or any service or information made available or offered by or through Listing Sidekick™.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Direct Axess, LLC on or through Listing Sidekick™ or any service offered on or through Listing Sidekick™. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use Listing Sidekick™ or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Direct Axess, LLC or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of Listing Sidekick™, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.
Direct Axess, LLC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in Listing Sidekick™ should be construed to alter such agreements.
Direct Axess, LLC may make changes to any products or services offered through Listing Sidekick™, or to the applicable prices for any such products or services, at any time, without notice. The materials on Listing Sidekick™ with respect to products and services may be out of date, and Direct Axess, LLC makes no commitment to update the materials on Listing Sidekick™ with respect to such products and services.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Direct Axess, LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Direct Axess, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using Listing Sidekick™, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send through Listing Sidekick™ could possibly be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
This program may contain links to other independent third-party Web sites or content from the Realtor in the member area. These Web Sites or content are provided solely as a convenience to visitors by the Realtor. Such WebSites or content are not under Direct Axess, LLC’s control, and Direct Axess, LLC. is not responsible for and does not endorse the Web Sites or content. You will need to make your own independent judgment regarding your interaction with these Web Sites or content.
DIRECT AXESS, LLC DOES NOT PROMISE THAT Listing Sidekick™ OR ANY CONTENT, SERVICE OR FEATURE OF Listing Sidekick™ WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF Listing Sidekick™ WILL PROVIDE SPECIFIC RESULTS. Listing Sidekick™ AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON Listing Sidekick™ IS SUBJECT TO CHANGE WITHOUT NOTICE. DIRECT AXESS, LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM Listing Sidekick™ WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DIRECT AXESS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIRECT AXESS, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF Listing Sidekick™ AND/OR ANYDIRECT AXESS, LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF Listing Sidekick™ AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DIRECT AXESS, LLC FOR DISSATISFACTION WITH Listing Sidekick™ OR ANY CONTENT IS TO STOP USING Listing Sidekick™ OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
IN NO EVENT WILL DIRECT AXESS, LLC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IFDIRECT AXESS, LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,DIRECT AXESS, LLC's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You acknowledge and agree that Direct Axess, LLC may preserve any transmittal or communication by you with Direct Axess, LLC through Listing Sidekick™ or any other methods, whether directly or indirectly, and may also disclose such data if required to do so by law or Direct Axess, LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Direct Axess, LLC, its employees, users of or visitors to Listing Sidekick™, and the public.
You agree that Direct Axess, LLC may, in its sole discretion and without prior notice, terminate your access to Listing Sidekick™ and/or block your future access to Listing Sidekick™ if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of Listing Sidekick™. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Direct Axess, LLC, for which monetary damages would be inadequate, and you consent to Direct Axess, LLC obtaining any injunctive or equitable relief that Direct Axess, LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Direct Axess, LLC may have at law or in equity.
You agree that Direct Axess, LLC may, in its sole discretion and without prior notice, terminate your access to Listing Sidekick™, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of Listing Sidekick™ or any service offered on or through Listing Sidekick™, or (4) unexpected technical issues or problems.
If Direct Axess, LLC does take any legal action against you as a result of your violation of these Terms of Use, Direct Axess, LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Direct Axess, LLC You agree that Direct Axess, LLC will not be liable to you or to any third party for termination of your access to Listing Sidekick™ as a result of any violation of these Terms of Use.
You agree to indemnify, defend and hold harmless Direct Axess, LLC, its members, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Direct Axess, LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Listing Sidekick™, or any portion of Listing Sidekick™, for any reason; (2) to modify or change Listing Sidekick™, or any portion of Listing Sidekick™, and any applicable policies or terms; and (3) to interrupt the operation of Listing Sidekick™, or any portion of Listing Sidekick™, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
This Agreement shall all be governed and construed in accordance with the laws of Florida in the United States of America applicable to agreements made and to be performed in Florida. You agree that any legal action or proceeding between Direct Axess, LLC and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Direct Axess LLC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Direct Axess may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Any feedback you provide about Listing Sidekick™ shall be deemed to be non-confidential. Direct Axess, LLC shall be free to use such information on an unrestricted basis.