WEBSITE "TERMS OF USE" POLICY


INTRODUCTION
Welcome to www.PelicanLanding.org. This site is owned by Pelican Landing Community Association, Inc. (PLCA)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms of Use and our Privacy Policy. Click here to review our PRIVACY POLICY. If you do not agree to these Terms of Use, please do not use this site. PLCA reserves the right, at our discretion, to change, add, remove or otherwise modify portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes to these Terms of Use means you accept those changes.

OWNERSHIP

All content included on this site, including, without limitation, text, graphics, images, logos, audio or video clips, digital downloads, data compilations and software, is the property of PLCA or PLCA's content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site is the property of the PLCA and is protected by the laws of the United States and other countries and international treaties. Certain marks indicated on the site may be registered trademarks of PLCA in the United States. All other trademarks that are not owned by PLCA that appear on this site are the property of their respective owners, which may or may not be affiliated with or connected to PLCA.

LICENSE AND SITE USE
PLCA grants you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages, as necessary to access the site (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, link to any page within or modify all or part of the site without PLCA's expressed written consent. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without PLCA's prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of membership and account information, credit card information, usernames, passwords and Ids that may be required to use the site from time to time ("Account Information") and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). PLCA reserves the right in its sole discretion to refuse access to the site or services provided through it, terminate accounts and usage rights, edit or remove content or Submissions (as defined below) and cancel orders or requests for materials made through the site.

SUBMISSIONS
Any information or materials you transmit, upload or otherwise submit to any PLCA site (including, without limitation, comments, reviews, postings to chat, email messages or materials directed to any Forum, as the term is defined below) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to PLCA via our Website or other means of transmission or delivery, shall be collectively referred to as "Submissions." If you transmit or otherwise deliver Submissions to PLCA, you grant PLCA a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such Submissions or incorporate such Submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to PLCA that you own or have been granted the necessary intellectual property and other rights in the Submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to PLCA, that no such Submissions are, or shall be, subject to any obligation of confidence on the part of PLCA and that PLCA shall be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, PLCA shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.


CONTENT LINKED TO ANY PLCA SITE

Please exercise discretion while browsing the Internet using any PLCA site. You should be aware that while you are on a PLCA site, you could be directed to other sites that are beyond our control. There are links to other sites from PLCA pages that take you outside of our service. This includes links from regional sections, sponsors and content partners that may use our logo(s) as part of a co-branding or other agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. PLCA reserves the right to disable links from third party sites to any PLCA site. PLCA makes no representations concerning the content of sites linked to any PLCA site or listed in any of our directories. Consequently, PLCA cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a PLCA site.


DISCLAIMER
THE MATERIALS IN THIS PLCA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLCA AND ITS CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, AND INTENDED THIRD PARTY BENEFICIARIES (COLLECTIVELY “PLCA PARTIES”) , DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLCA PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PLCA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PLCA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLCA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PLCA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PLCA Parties explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that link to or from any PLCA site. PLCA Parties cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any PLCA site or third party content on any PLCA site. PLCA Parties do not endorse any of the merchandise (if any) except as expressly provided, nor has PLCA Parties taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. PLCA Parties do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against PLCA Parties with respect to such sites and third party content. PLCA Parties strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold PLCA, the PLCA’s subsidiaries and other affiliated companies/organizations, contractors, agents, partners, and sponsors and their respective officers, directors, volunteers, employees and agents harmless from and against any claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses
, including third party, (including, but not limited to, the costs of collection, reasonable attorney’s fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other PLCA site or of any site linking to this or any other PLCA site. You shall use your best efforts to cooperate with us in the defense of any claim.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PLCA PARTIES (AS DEFINED IN THE DISCLAIMER SECTION ABOVE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PLCA SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF PLCA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR MEMBERSHIP IN THE PLCA.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any PLCA site are presented solely for the purpose of promoting add description of your product here and other products and services available in the United States and its territories, possessions and protectorates. PLCA makes no representation that materials on any PLCA site are appropriate or available for use in any particular location. Those who choose to access a PLCA site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


TERMINATION

These Terms of Use are effective until terminated by either party. Your access to any and all PLCA sites may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term of these Terms of Use. Upon such termination, you must cease use of the PLCA site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of all PLCA sites. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Pelican Landing Community Association, Inc.
24501 Walden Center Drive
Bonita Springs, FL 34134

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or multiple copyrighted works at a single online site are covered by a single notification, and a representative list of such works at that site;
  3. 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;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GENERAL PROVISIONS
By visiting this site you agree that the Terms of Use shall 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, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in Lee County,
Florida and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action. 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. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The PLCA’s contractor that developed and maintains this website shall be deemed an intended third party beneficiary of all rights, but not obligations, provided to PLCA under these Terms, obligations, that by their context are not unique to PLCA.