TERMS AND CONDITIONS
FortMyersKids.com ("Site" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this website. Please review the following terms that govern your use of the Site. Please be advised that your use of this website constitutes your agreement to follow and be bound by the following Terms and Conditions.
Attention: This Site and these Terms and Conditions may be changed by FortMyersKids.com with or without notice. Please review this site on a regular basis for changes. Continued use of this website following any change constitutes your acceptance of the change.
Terms and Conditions
All information and services on this worldwide web site (together with the underlying HTML source files that implement the hypertext features) may be used solely under the following Terms and Conditions. Discover Maestro LLC., the parent company of FortMyersKids.com, may revise these Terms and Conditions at any time by updating this posting. Your continued use of the FortMyersKids.com web site constitutes your binding and continued acceptance of these Terms.
Use of Materials
The contents of this Site, (including text, graphics, images, logos, button icons, HTML code, software, intellectual property, and other Material) are the property of FortMyersKids.com, Inc., its content suppliers or clients and are protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is equally protected.
The use of Site's Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. You may use, view, print and/or download one copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from FortMyersKids.com, Inc.
User Submissions and Conduct
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You acknowledge that any reliance on material posted by other users will be at your own risk. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials publicly posted or privately transmitted are the sole responsibility of the originator or person from which such material emanates You also permit any subscriber or user to access, display, view, store and reproduce such content for personal use.
When you post a listing, upload a file or otherwise provide us with material for display on the website, you are granting FortMyersKids.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub-license, adapt, transmit, publicly perform or display any such communication. Any hyperlinks contained in a posting submitted by a user will be disabled when posted on the Site.
You must not, and by using this website you agree not to:
(1) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity;
(2) post a sexually-explicit image or statement;
(3) post chain letters or pyramid schemes;
(4) impersonate another person, including, but not limited to a FortMyersKids.com official, or falsely state or misrepresent your affiliation with a person or entity;
(5) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(6) post, email, or transmit any material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(7) post, email, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(8) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(9) harm minors in any way; or
(10) stalk or otherwise engage in any conduct that harasses another.
The Site acts as a passive conduit for the on-line distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified of communications, which allegedly do not conform to the Terms and Conditions, the Company may investigate and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
To use certain features of the Site, you must register with FortMyersKids.com and create a username and password through the Site's registration process. You agree (a) to provide true, accurate, current, and complete information about yourself, and (b) to maintain and promptly update the information you provide. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or FortMyersKids.com has reasonable grounds to believe you have provided untrue or inaccurate information or not current or incomplete information, FortMyersKids.com has the right to suspend or terminate your access through your username and password.
Termination and Agreement Components
FortMyersKids.com reserves the right, at its sole discretion, to pursue all its legal remedies to delete your postings from this Site, to immediately terminate your registration with this Site if any of the Terms and Conditions are violated. In addition, if the Company is unable to verify or authenticate any information you submit to the Site your registration can be terminated. Termination may occur without prior notice or liability
You will not misuse or share your username/password for FortMyersKids.com. If you are in violation of your obligations under the Terms and Conditions, you may be subject to prosecution.
The Site contains links to other sites as a convenience to you. FortMyersKids.com is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. FortMyersKids.com is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall FortMyersKids.com be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use or reliance on any content, goods, or services available on such third-party sites. If you decide to access linked third-party web sites, you do so at your own risk. Any concerns regarding any third-party web site should be directed to its respective site administrator or webmaster. FortMyersKids.com reserves the right to terminate any link or linking program at any time.
You may provide links only to the homepage of FortMyersKids.com, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the Site or the advertisements, the copyright notice, or other notices on this site, (b) you give FortMyersKids.com notice of such link by contacting us and (c) you discontinue providing hot links to FortMyersKids.com if notified by the Company or FortMyersKids.com, Inc.
FortMyersKids.com disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
Copyright and Trademark Notice
The trademarks, service marks and logos of FortMyersKids.com and others used in this web site ("Trademarks") are the property of FortMyersKids.com and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms and Conditions of Use grants any right to use (by implication, waiver, estoppels or otherwise) any Trademarks without the prior written permission of FortMyersKids.com or the respective owner.
Copyright 2021 FortMyersKids.com, Inc. All rights reserved.
Limitation of Liability
FortMyersKids.com is merely an information center. FortMyersKids.com does not screen or censor the submitted postings. Further, the Company is not involved in the actual transaction or decisions of its users. As a result, the Company has no control over the quality, safety or legality of the posted information, the truth or accuracy of the listings. There are risks involved in conducting business through the Internet, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this web site. By using FortMyersKids.com you assume all risks associated with dealing with other users with whom you come in contact through the web site.
The Site's content may contain inaccuracies, out-of-date information, or typographical errors. FortMyersKids.com makes no representations about the accuracy, reliability, completeness, or timeliness of the posted information. The use of the Site and its content is at your own risk. Changes are periodically made to the Site and may be made at any time. FortMyersKids.com makes no commitment and expressly disclaims any duty to update any of the posted content on this Site.
FortMyersKids.com does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FortMyersKids.com 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.
FortMyersKids.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO INFORMATION OBTAINED BY YOU FROM FortMyersKids.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FortMyersKids.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FortMyersKids.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY FortMyersKids.com MATERIALS, PRODUCTS OR SERVICES OR WITH ANY OF FortMyersKids.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FortMyersKids.com.
Your use of the FortMyersKids.com web site constitutes your agreement to defend, indemnify and hold harmless FortMyersKids.com, Inc. (including its' employees, contractors, officers and directors), as well as its affiliated companies, from any claim or demand (including reasonable attorneys' fees), arising out of your use or misuse of the Site or the use or misuse of the Site by a third party using your password.
The federal laws of the United States and the laws of the State of Florida shall govern all matters relating to your access and use of this Site. These Terms and Conditions are governed by the internal substantive laws of the state of Florida, without respect to its conflict of laws principles Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Lee County, Florida and venue shall rest solely in Lee County, Florida, USA.
If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside or access this site.
EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS OF THE SITE THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO ITS USE. REVISIONS TO THESE TERMS AND CONDITIONS SHALL BE IMMEDIATELY ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE. WE DO NOT GUARANTEE SERVICES PROVIDED BY ANY BUSINESSES LISTED.
If you have any questions regarding the Terms and Conditions for this website, please contact FortMyersKids.com