TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY PORTION OF THE SERVICES PROVIDED BY ARMADA REAL ESTATE, INC. ("COMPANY"). BY ACCESSING OR USING THIS WEBSITE, LOCATED AT ARMADATEAM.COM, OR ANY VOICE, MOBILE, OR DIGITAL APPLICATION ASSOCIATED WITH THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE SERVICE.
These Terms of Service ("Terms") govern your access to and use of the Company's website, voice applications, mobile platforms, and all related online features, services, and programs offered in connection with real estate lead generation, inquiry management, and related services (collectively, the "Service"). Certain areas of the Service may be subject to supplemental terms of use, which shall be made available at the point of access. In the event of any conflict between these Terms and any supplemental terms, the supplemental terms shall control with respect to the area or feature to which they apply.
I. User Obligations
Your access to and use of the Service is conditioned upon your full compliance with all applicable local, state, federal, and international laws and regulations. You acknowledge and agree that your use of the Internet to access the Service is undertaken solely at your own risk. The Company assumes no responsibility for any harm, loss, or liability arising from your connection to or use of the Service via the Internet or any third-party network.
II. Communications
By creating an account to access the Service ("Account"), you expressly consent to receive communications from the Company, including newsletters, marketing materials, promotional content, and operational notices, delivered through any of the following channels: electronic mail (email), SMS and text messaging, automated voicemail drops, push notifications, automated text messages, and pre-recorded, artificial, or AI-generated voice calls.
You may withdraw your consent to receive such communications at any time, subject to the following opt-out procedures:
• Email: Click the unsubscribe link contained in any Company email and follow the provided instructions.
• SMS and Text Messaging: Reply "STOP" to any text message transmitted by the Company.
• Phone Calls: Communicate your opt-out preference directly to a Company representative during any call you receive.
The Company will make commercially reasonable efforts to honor opt-out requests in a timely manner. Certain transactional or legally required communications may not be subject to opt-out.
III. Purchases
To the extent the Service makes products or services available for purchase ("Purchase"), you may be required to provide payment information, including credit card numbers, expiration dates, billing addresses, and shipping preferences. By submitting payment information, you represent and warrant that: (i) you are legally authorized to use the payment method submitted; and (ii) all information provided in connection with the Purchase is accurate, complete, and current.
The Company may engage third-party payment processors to facilitate Purchases. By initiating a Purchase, you authorize the Company to transmit your payment information to such processors in accordance with the Company's Privacy Policy. The Company reserves the right to refuse, cancel, or void any Purchase at its sole discretion, including where there is suspicion of fraud, pricing error, product unavailability, or any other irregularity.
IV. Availability, Errors, and Inaccuracies
The Company endeavors to maintain current and accurate information on the Service; however, the Service is updated on a rolling basis and information presented at any given time may be incomplete, outdated, or subject to error. The Company makes no warranty or representation as to the accuracy, completeness, or timeliness of any information available through the Service and expressly reserves the right to correct errors, update information, or modify offerings at any time without prior notice and without liability to any user.
V. User Content
The Service may permit you to submit, post, upload, link, or otherwise make available information, text, graphics, video, or other materials ("Content"). You are solely responsible for all Content you submit, including its legality, accuracy, and appropriateness. By submitting Content, you represent and warrant that: (i) you own or have the necessary rights and licenses to the Content; and (ii) the posting of such Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity.
You agree that you will not submit Content that:
• Is defamatory, harassing, abusive, threatening, or otherwise infringes upon the legal rights of others;
• Discloses personal information, images, or media of another person without their express prior consent;
• Contains malware, viruses, corrupted files, or any code designed to disrupt or damage the Service or any user's device;
• Constitutes repeated or unsolicited postings, spam, or unauthorized advertising;
• Encourages or facilitates criminal conduct or gives rise to civil liability;
• Is bigoted, hateful, racist, obscene, pornographic, or otherwise objectionable;
• Could harm, exploit, or endanger minors;
• Impersonates any person, entity, or affiliation in a misleading or deceptive manner;
• Infringes upon any copyright, patent, trademark, trade secret, or other proprietary right of any party.
The Company reserves the right, but not the obligation, to review, edit, or remove any Content at its sole discretion and without prior notice. The Company expressly disclaims all responsibility for the accuracy, validity, or appropriateness of any Content submitted by third parties.
By posting Content through the Service, you grant the Company a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, publicly display, publicly perform, and distribute such Content in connection with the operation of the Service. You retain ownership of your Content subject to this license grant.
VI. Accounts
To create an Account, you must be at least eighteen (18) years of age. By registering, you represent and warrant that all information provided is accurate, complete, and current. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account. You agree to notify the Company immediately upon becoming aware of any unauthorized access to or use of your Account.
Usernames may not incorporate the name or trademark of another person or entity without appropriate authorization, nor may they be offensive, vulgar, or obscene. If you choose to engage with or meet other users of the Service, you do so at your own risk. The Company assumes no liability for any harm arising from in-person contact with other Service users.
The Company reserves the right to suspend, terminate, or refuse service to any Account at its sole discretion, including for violation of these Terms, submission of inaccurate information, or conduct deemed detrimental to the Company or other users.
VII. Intellectual Property
The Service, including all original content, features, and functionality developed or maintained by the Company, constitutes the exclusive intellectual property of the Company and its licensors. The Service is protected under the copyright, trademark, and intellectual property laws of the United States and applicable foreign jurisdictions. No portion of the Service may be reproduced, distributed, transmitted, displayed, or otherwise exploited without the prior written consent of the Company.
The Company's trademarks and trade dress may not be used in connection with any product, service, or promotion without the Company's prior written authorization. Unauthorized use of the Company's intellectual property may give rise to claims for injunctive relief and monetary damages.
VIII. DMCA Notice and Copyright Infringement Claims
The Company respects the intellectual property rights of others and expects users of the Service to do the same. If you believe that Content available on or through the Service infringes your copyright, you may submit a written notification to the Company's designated Copyright Agent pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Section 512(c)(3). Your notification must include:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work alleged to have been infringed, including the URL or a copy thereof;
• Identification of the specific URL or location on the Service where the allegedly infringing material is located;
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
• A statement made under penalty of perjury that the information provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Copyright infringement notifications should be submitted to:
Armada Real Estate, Inc.
2431 First Street
Fort Myers, FL 33901
Email: Hello@ArmadaTeam.com (Subject Line: "Copyright Infringement")
Please be advised that knowingly misrepresenting that material is infringing may subject you to liability for damages, including costs and attorneys' fees, pursuant to 17 U.S.C. Section 512(f).
IX. Third-Party Links and Content
The Service may contain hyperlinks to third-party websites ("Linked Sites") provided solely as a convenience to users. The Company does not own, control, endorse, or assume responsibility for any Linked Site or the content, products, services, advertising, or other materials available through such sites. You acknowledge and agree that the Company shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of or reliance on any Linked Site. You are strongly encouraged to review the terms of service and privacy policies of any third-party site you visit.
X. Termination
The Company reserves the right to terminate or suspend your Account and deny access to the Service at any time, without prior notice and without liability, for any reason, including but not limited to a violation of these Terms. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.
If you wish to voluntarily terminate your Account, you may do so by submitting written notice to the Company at Hello@ArmadaTeam.com. All provisions of these Terms that by their nature are intended to survive termination, including without limitation provisions relating to intellectual property, disclaimers of warranty, indemnification, and limitation of liability, shall remain in full force and effect following termination.
XI. Indemnification
You agree to defend, indemnify, and hold harmless Armada Real Estate, Inc., its affiliates, licensees, licensors, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your access to or use of the Service; (b) any breach of these Terms by you; or (c) any Content posted or submitted by you through the Service.
XII. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: (1) YOUR USE OF OR INABILITY TO USE THE SERVICE; (2) ANY CONTENT ACCESSIBLE THROUGH THE SERVICE; (3) ANY STATEMENTS OR CONDUCT POSTED ON OR THROUGH THE SERVICE; (4) ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE; (5) ANY ACTION TAKEN OR OMITTED IN RELIANCE ON INFORMATION AVAILABLE THROUGH THE SERVICE; OR (6) ANY OTHER MATTER ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO ACCESS THE SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
XIII. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT, TOOLS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XIV. Exclusions
Certain jurisdictions do not permit the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that applicable law in such jurisdictions restricts or prohibits the disclaimers and limitations set forth herein, those provisions shall apply only to the extent permitted by law.
XV. Force Majeure
The Company shall not be liable for any delay or failure in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, natural disaster, war, terrorism, civil unrest, governmental action or regulation, failure of Internet service providers or hosting services, labor disputes, or shortages of materials, transportation, fuel, or energy. In such circumstances, the Company's obligations shall be suspended for the duration of the event.
XVI. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. For any dispute not subject to binding arbitration as provided herein, you and the Company consent to the exclusive jurisdiction of the state and federal courts located in Lee County, Florida. Both parties waive any objection to jurisdiction, venue, or forum non conveniens in such courts, as well as any right to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
XVII. Class Action Waiver
ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, MASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. ANY CHALLENGE TO THE ENFORCEABILITY OR SCOPE OF THIS CLASS ACTION WAIVER SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION. YOU ALSO WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY SUCH CLAIM OR PROCEEDING.
XVIII. State-Specific Provisions
California. Pursuant to California Civil Code Section 1789.3, California residents may report complaints to The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; by telephone at (916) 445-1254 or 1-800-952-5210; or by email at dca@dca.ca.gov.
New Jersey. Any disclaimer, limitation of liability, indemnification provision, or damages limitation contained in these Terms shall apply to New Jersey residents and transactions only to the extent permitted by applicable New Jersey law or public policy.
XIX. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
XX. Entire Agreement
These Terms, together with the Company's Privacy Policy and any supplemental terms or agreements posted on the Service from time to time, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral. In the event of any conflict between these Terms and the Privacy Policy, these Terms shall control unless otherwise expressly stated.
XXI. Modifications to These Terms
The Company reserves the right to modify these Terms at any time. Changes will become effective immediately upon posting to the Service. It is your responsibility to review these Terms periodically. Your continued access to or use of the Service following any modification constitutes your binding acceptance of the revised Terms. IF YOU DO NOT AGREE TO THE MODIFIED TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF AND ACCESS TO THE SERVICE. The Company reserves the right to modify, suspend, or discontinue the Service at any time, with or without notice, and shall not be liable to you or any third party for any such action.
XXII. How to Contact Us
For questions, concerns, or notices relating to these Terms, or to report a problem with the Service, please contact the Company at:
Armada Real Estate, Inc.
2431 First Street
Fort Myers, FL 33901
Office: (239) 788-2738
Email: Hello@ArmadaTeam.com
