Terms of Use


PointeCompanies User Agreement/Terms of Use


Welcome to the www.pointecompanies.com web site (the “Web Site”). The goal of this Web Site is to provide you a comprehensive array of commercial real estate products, services, and related links to meet your needs. These Terms of Use shall govern the use of the Web Site. Please read the Terms of Use carefully before continuing with your use of this Web Site.


The submission of information to, and use of, the www.pointecompanies.com Web Site is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained in this document (known collectively as the “Terms of Use”) and any other notices displayed elsewhere on this website. BY USING, SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE WEB SITE, YOU, THE USER (“User”), AGREE TO THE FOLLOWING TERMS OF USE. These Terms of Use are a legal agreement between you and www.pointecompanies.com (“PointeCompanies” or “Service Provider”).


The following User Agreement (“Agreement”) governs the use of the www.pointecompanies.com online service (“Service”). Please read the rules contained in this Agreement carefully. You can access this Agreement at www.pointecompanies.com/. Your use of, submission to, or registration on any aspect of the Service will constitute your agreement to comply with these rules. IF YOU CANNOT OR DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THIS SERVICE.


Privacy Policy:

For an explanation of our practices and policies related to the collection, use, and storage of users’ information, please read our Privacy Policy.



Modification:



PointeCompanies reserves the right to update, modify, or amend the Terms of Use at any time and without notice; the date of the most recent revisions will appear on this page. Since you are bound by these Terms of Use, we suggest that you check back and review this document from time to time. Continued access to or use of the Service will constitute your acceptance of any changes or revisions to the Agreement.



Membership Privileges:



Membership privileges are granted by PointeCompanies to individuals exclusively and are granted specifically to the subscribing registered user only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered user without the PointeCompanies’ express written permission. PointeCompanies requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Service. Members are not permitted to share their individual logon information with others. PointeCompanies reserves the right to refuse service to any user that refuses to abide by the terms and conditions herein or abuses their rights related to the Service.



PointeCompanies uses email as a primary communication channel with users. As a registered user, you agree to allow PointeCompanies to communicate with you via email or any other communication channel such as phone and fax for any purposes that PointeCompanies determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. PointeCompanies will use its best efforts to honor users’ requests to opt out of marketing messages, but under no circumstances will PointeCompanies have any liability for sending any email to its registered users.



Idea Submission:



PointeCompanies encourages the submission of ideas and suggestions from users relating to the Web Site and ways PointeCompanies can provide better service to users. PointeCompanies may use such suggestions or ideas for any purpose whatsoever; however, PointeCompanies is under no obligation to incorporate yours or other users’ ideas or suggestions into its services or Web Site, and in no event will PointeCompanies provide compensation for the submission of ideas or suggestions. You understand that any and all intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, or works of authorship developed or created by you or another user in submitting ideas or suggestions to the Web Site will belong exclusively to PointeCompanies upon submission.



Termination of Access:



Your failure to abide by the Terms of Use, whether listed below or at various points in the Agreement, may result in suspension or termination of your access to the Service, without notice, in addition to the Service Provider’s other remedies.



You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, or hateful. Further, you agree not to place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national, or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.



You agree that you are entirely responsible for and liable for any advertisement or message content that is posted to the website through your account.



You agree not to post any advertisement for products or services, the use or sale of which, is prohibited by any law or regulation.



You agree not to delete or revise any material posted by another user.



PointeCompanies respects the intellectual property of others, and we ask that our users do the same. You agree not to interfere with or infringe the patents, copyrights, trademarks, service marks, logos, or confidential information or intellectual property rights of others. PointeCompanies may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright or other intellectual property rights of others.



You agree not to attempt or have unauthorized access to non-public areas of the Web Site. If you do have a password to a non-public area of the Web Site, you agree not to disclose to or share your password with third parties. You further agree not to use your password for any unauthorized use.



You agree not to use the Service to engage in or assist another individual or entity to engage in fraudulent, manipulative, or illegal activity.





Links:



In accordance with our goals, this Web Site will permit you to link to many other web sites, that may or may not be affiliated with this Web Site and/or PointeCompanies, and that may have terms of use that differ from, or contain terms in addition to, the Terms of Use specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, and not this Web Site. Furthermore, PointeCompanies has no control over and is not responsible for the content of or claims made on web sites that may be linked to or from this Service, whether or not the web sites are affiliated with PointeCompanies. Any web sites linked to or from the Web Site are for your convenience only, and you access them at your own risk.

PointeCompanies assumes no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Web Site. PointeCompanies does not endorse any opinions or recommendations posted by others. Any information posted or listed on the Web Site is the responsibility of the person or entity posting the message or advertisement. PointeCompanies does not control, and is not responsible for, the content available on the Web Site. You agree that PointeCompanies does not pre-screen, monitor, or approve any content, and that PointeCompanies shall have the right, but not the obligation, to remove, refuse, edit, or delete any content, for any reason whatsoever, without notice. You agree that PointeCompanies shall not be responsible for any interaction between you and other users of the Service. You agree that any interaction through the Service between you and other users is your sole responsibility. You further agree that PointeCompanies is not, under any circumstance, liable for any goods, services, resources, or content available through such third party dealings or communications, or for any harm related thereto. You agree that PointeCompanies is not obligated to participate or become involved in any disputes between you and other users of the Service or between you and any other third parties.



Disclaimer of Warranties:



YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. POINTECOMPANIES SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON ANY MESSAGE OR ADVERTISEMENT. POINTECOMPANIES 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, TITLE AND NON-INFRINGEMENT. POINTECOMPANIES MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability:

The information, services and products available to you on this Web Site may contain errors and are subject to periods of interruption. PointeCompanies cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Service.

IN NO EVENT SHALL POINTECOMPANIES OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SERVICE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE WEB SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY OF THE SERVICE'S ACTIVITIES.

IF YOU ARE DISSATISFIED WITH THE SERVICE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICE.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnity:

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other users of the Service using your computer, of any intellectual property or other right of any person or entity. PointeCompanies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Jurisdiction and Choice of Law:

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, outside of its choice of law rules, as it is applied to agreements entered into and to be performed entirely within such State. Any action you or any third party may bring to enforce these Terms of Use, or in connection with any matters related to the Service, shall be brought only in either the State or Federal courts located in Florida, and you expressly consent to the jurisdiction of said courts. You also 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 Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement:

These Terms constitute the entire agreement between you and PointeCompanies and govern your use of the Service, superseding any prior agreements between you and PointeCompanies. In the event that any inconsistencies exist between these Terms of Use and any future published Terms of Use, the last published Terms of Use shall prevail. 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, or visit another website linked to by this Web Site. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect

Severance and Waiver:

You acknowledge and agree that if any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that PointeCompanies will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession. Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

PointeCompanies’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PointeCompanies.