Terms of Use
(A) Governing Terms. This web site MySanibelBeach.com or “The Site” is an interactive on-line service operated by T. Gabrielle. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on MySanibelBeach.com or in these Legal Notices or in our Privacy Policy (collectively “Terms of Service”), set forth the terms and conditions that apply to your use of Site. By using MySanibelBeach.com, you agree to comply with all of the terms and conditions herein. If you do not agree to these Terms of Service, you should not access or use MySanibelBeach.com.
(B) Changes to Terms of Service. MySanibelBeach.com may modify the Terms of Service, or any part hereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of MySanibelBeach.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to MySanibelBeach.com. MYSANIBELBEACH.COM may change or discontinue any aspect, service, feature of MySanibelBeach.com or product or service of MYSANIBELBEACH.COM described herein at any time and without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and any other equipment needed for access to and use of this Site, and for all charges related to the same.
(E) Image Limitations. MYSANIBELBEACH.COM strives to accurately reproduce the screen images of the finishes and house photos shown. However, we can not guarentee that any image is completely accurate, the limitations of your monitor resolution and the variation in natural exterior lighting, actual colours may vary from the images you see.
2. Copyright Ownership
(A) General. MySanibelBeach.com.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, documents, software, photos, video, graphics, music, and sound. The entire content of this Site is copyrighted as a collective work under Canadian and International copyright laws. MYSANIBELBEACH.COM owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on MYSANIBELBEACH.COM, in whole or in part.
3. Trademarks
MYSANIBELBEACH.COM owns all right, title, and interest in its registered and unregistered trademarks, service marks, logos, and taglines used in connection with any of MYSANIBELBEACH.COM’s products or services referenced on MySanibelBeach.com. Any other marks, logos, or company names appearing on MySanibelBeach.com are the property of their respective owners.
4. Disclaimer of Warranty & Limitation of Liability
(A) Information contained on this Site is intended for general information purposes only, is not intended to make any representations or legal statement, and is provided on an “as is” basis. While effort has been made to provide correct and clearly expressed information, errors may occur. Furthermore, any information contained on this Site is subject to change at any time and without notice.
(B) MYSANIBELBEACH.COM and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for any errors, omissions, or statements contained on this Site and assume no liability whatsoever for any action taken in reliance on the information contained on this Site, or for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Site or of any information or content contained therein.
(C) UNLESS GOODS OR SERVICES SOLD BY MYSANIBELBEACH.COM OR ANY OF ITS AFFILIATES ARE SUBJECT TO AN EXPRESS LIMITED WARRANTY OR OTHER WARRANTY PROVIDED BY MYSANIBELBEACH.COM AS EXPLICITLY SET FORTH ON MYSANIBELBEACH.COM. THE GOODS ARE SOLD “AS IS, WITH ALL FAULTS,” WITHOUT RECOURSE, AND MYSANIBELBEACH.COM DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
5. Links to Third Party Content or WebSites
In the event that there are any links or pointers to third party (not owned or operated by MYSANIBELBEACH.COM) websites within this Site, such links are provided merely for convenience to you and do not constitute an endorsement of the products or services offered by the owner or operator of such third party websites. MYSANIBELBEACH.COM and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for such third party websites and assume no responsibility or liability for any content, information, or statements made on such linked websites or by the owner or operator of such websites.
6. Entire Agreement
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any and all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of MYSANIBELBEACH.COM and any of its affiliated companies or entities. These Terms of Service shall be construed in accordance with the laws of the Province of Ontario without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.