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Terms and Conditions :
Please review the following terms and indicate your agreement below: GARCES REALTY Philippine Real Estate Portal Agreement Detailing the Terms and Conditions Concerning Registration and Usage Welcome to philippinerealestateportal.com (the "Web Site"), which is produced by Garces Realty (the "Company"). This page states the Terms of Service (the "Terms" or the "TOS") under which this Web Site is available for use. Please read this page carefully. By accessing and using this Web Site you accept and agree to be bound, without limitation or qualification, by these Terms and any other terms and conditions that may apply. The Company may, at its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. By using the Web Site after we have made any modification or revision, you agree to be bound by the revised terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company retains the right to deny access to anyone at its complete discretion for any reason, including but not limited to violation of these Terms. GARCES REALTY (“Company”) herein identifies the terms and conditions which apply to those parties (“Subscribers”) who register and use the website via Philippine Real Estate Portal of the Company. This PREP Service Agreement (“Agreement”) contains important information about which all SUbscribers should be well acquainted. 1. Definitions “Company Persons” means on a collective basis the Company, its officers, directors, managers, members, employees, dealers, licensors, licensees, parent or subsidiary entities, and the like. "Subscriber" is a business, Broker, Agent or Property Owner or an individual person making application for a PREP Registration. "PREP Registration" is the Company's grant to a Customer of the right to have a website redirected from their original input fields, through the Company server network, to Customer’s designated website(s). Such grant is for a defined Duration of Registration. "Philippine Real Estate Portal (PREP)" referring to specific Internet resources stored in the Company's central registry. A primary tool that offers internet advertising for marketing products or services worldwide. The easiest, simplest and effective engine to sell real estate properties reaching out to international market places and people in just at a click of a button. “Company” is the party which registers the Subscribers to own a website. 2. Pricing and Payments The Company offers packages for subscribers to brokers, agents, property owners, businesses and persons on real estate businesses. Such prices as indicated therein may change at any time, except as limited within this Agreement. The Subscriber agrees to pay the full registration prices at minimum period for one year for each PREP registration (the” Subscription Fee") to the Seller at the time the Company accepts Subscription. Subscription Fees, once made, are non-refundable. Failure to fully pay for Registrations in a timely manner subjects Subscribers to the cancellation of Registrations without further notice. 3. Duration of Registration, Renewals, and Renewal Pricing The duration of the Registration for PREP Subscription depends on the Subscribers choice of packages. The minimum subscription is one year from the date payment in full. Customer will be notified approximately thirty (30) days prior to expiration of Registration. Subscriber may later renew for subsequent annual periods. Subscriber agrees that in order for the Company to notify it of Registration expiration that it must notify the Company of any changes in its contact information. Subscriber further agrees that it has a responsibility to maintain its own records as to expiration dates. Because of this Subscriber agrees not to hold Company liable for damages for any asserted failure to notify Subscriber of any Registration expiration date. 4. Company Editorial Practice The Company has developed its internet navigation system in the expectation that it will be easy to use. The company is giving the Subscribers the complete control of their website. Website destinations should not offend general societal norms. The Company actively reviews all Registration applications as to these criteria, the results of such reviews potentially being a factor in the Company’s acceptance or rejection of such Registration applications. Further, the Company randomly, or upon complaint, reviews website destinations of active websites to the same end. The Company retains sole right in its discretion to evaluate, judge, and act upon websites under the above criteria without additional notice to Subscribers. 5. Limitations and Prohibitions Concerning PREP and Website Content Websites are constrained or prohibited of the following: 5.1.1. Websites with Disparaging Meanings Websites may not carry dictionary definitions or vernacular meanings that are disparaging or otherwise offensive to major societal groups based upon religion, ethnicity, or nationality. Offensive websites might include those with dubious double meanings, either in English or other major languages. Websites will be judged based upon the Company’s good faith effort at identifying societal norms for word usage. 5.1.2. Websites That Violate Intellectual Property Rights, Inclusive of Trademarks: Websites may not violate intellectual property rights held by other parties. Trademarks may be used only (a) where they are held in equity by the websites. Use of celebrity names and names of recent historical figures as will be prohibited. 5.1.3. Governmental and Location Names: Website use of the names of governmental entities, political jurisdictions, and geographic locations are reserved for use directly by the governmental body with closest claim to such designation, as shall be judged by Company. 5.1.4. Situations Where Use Websites May Cause Confusion: In general, Websites need to have clear, unambiguous definitions. The extent that websites might cause confusion among navigating web users. The contents of this Web Site, such as text, graphics, images, audio, video and all other material ("Material"), are protected by copyright under both Philippine and foreign laws, and are owned or controlled by third parties that have licensed their Material to the Company. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web Site, or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos, and service marks (the "Marks") displayed on the Web Site are owned by the Company. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining permission from the company to use the Material on your Web site, please contact us via email. If you violate any of these Terms, your permission to use the Material will be automatically terminated and you must immediately destroy any copies you have made of the Material whether said copies are in your possession or in the possession of any third party. 5.1.5. Other Websites Violations: There may be other situations where websites will be denied. In such instances they will be given a clear explanation for the rationale behind the denial decision. 5.2. Website Violations 5.2.1. Websites that are Not Pertinent to the General Purpose of Real Estate Business: They are required to link to websites that are pertinent to their vernacular meanings. These websites also must be capable of advertising the product, service, or information implied. The website is not limited geographically then the website’s provision of product or service likewise may not be geographically limited. The goal here is to provide a smooth and seamless navigating experience with maximum information to the user. 5.2.2. Websites That Permit Intolerance: Websites may not contain racist, intolerant, or negative polemic (that which agitates) content. Websites will be judged based upon the Company’s good faith effort at identifying all segments of societal norms for content and word usage. 5.2.3. Websites That Promote Illegal Activity: Websites that directly or indirectly promote illegal activity will be disapproved. 5.2.4. Websites That Violate Intellectual Property Rights, Inclusive of Trademarks: Websites that violate or potentially violate intellectual property rights will be disapproved. 5.2.5. Websites that is absent or incomplete: Websites must be substantially complete, fully featured, and capable of delivering the intended purpose, product, service, or information. 5.2.6. Websites Used without Authority: Websites accessed must be owned or controlled by the Subscriber or used with the permission of the website owner. This does not apply to “temporary parking” of website referrals for a short time while the permanent website completes its development or is down for repair. 5.2.7. Websites with Spurious Links: Websites will not be approved if they contain obvious links to other websites that, if they were directly evaluated, would be a cause for suspension or order cancellation. 5.2.8 Links to Other Web Sites The Web Site contains links to third party Web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations on the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. 5.2.9 Other Website Violations: There may be other situations where websites will be disapproved. 6. Subscription Priorities and Rights The Company has established a regime which prioritizes those parties engage in selling properties or engaged in Real Estate Business. In some instances the Company may condition a Subscription upon a subscriber’s furnishing additional information confirming its identity. 7. APPLICATIONS PROCESSING: Subject to the above listed Subscriptions Priorities, applications for Subscriptions will be processed on a first-come, first-served basis. 8. Termination and Revocation 8.1 RIGHT OF THE COMPANY TO TERMINATE SERVICE The Company reserves the right to terminate its website service at any time, in whole or in part, with or without specific cause. 8.2 EVENTS CAUSAL TO REVOCATION The Company may revoke usage rights to Customer’s website, in whole or in part, in the following events: (i) At the request of any governmental entity or in the event continued usage violates any laws or governmental regulations. (ii) In the event that continued use violates any codicil herein, including Editorial Practice Violations. (iii) If the Company on a reasonable basis determines that continued use of such subjects the Company, its affiliates, business partners, agents, employees, or officers to tangible harm from criminal or civil liability or from other sources. (iv) If through continued use of such website the Company is put at risk of violating any agreement with third parties. In these events of revocation the Company will have no obligation to refund any fees to Subscriber. 9. No Additional Rights Conferred Upon Either Party It is understood by the parties to this Agreement that Subscription and use of website is a limited business arrangement which confers no rights to either party not specifically enumerated herein. Therefore, neither party confers to the other any equity rights in its business names, trademarks, brand names, or any goodwill resulting there from. This includes any goodwill associated with Garces Realty and the PREP system, which will remain the property of the Company, barring any trademark constraints. 10. Confidentiality This Agreement is broadly available for execution by various parties seeking subscription or registration. Therefore, the terms and conditions detailed within this Agreement are not confidential. In those situations where the Company employs password access to Subscriber accounts, both the Company and Subscriber agree to use their best efforts to maintain the confidentiality of passwords. However, the Subscriber is responsible for any loss, liability, or charges resulting from the disclosure or use of passwords. If any unauthorized charges are made on, or through a Subscriber’s Company account that Subscriber is responsible for such charges until the Company is notified of a breach of security by telephone or e-mail addressed to the Company's Subscriber’s Service Department, which provides the relevant information and authorizes the necessary steps to change a password. The Company has a Privacy Policy concerning Subscriber, website visitors, and navigating web users. This policy can be viewed on the Company’s main website. 11. Indemnification You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. In addition to the indemnities, Customer agrees to defend and indemnify and hold Company Persons from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Subscriber’s Registration, use, reference to, or advertising of a website or Subscriber’s violation of any rights of another within the website system. 12. Age Restriction Minors may not register; an individual must be at least eighteen (18) years of age to be a PREP Subscriber regardless of the age of majority within individual’s particular state of residence. 13. Limitations of Liability and Disclaimers of Warranties LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES: SUBSCRIBERS ACKNOWLEDGE THAT ITS USE OF ALL SERVICES IS AT ITS SOLE RISK. The Material on the Web Site contains inaccuracies and typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. You expressly agree that any use of the Web Site and the Material is entirely at your own risk. We reserve the right to make periodic changes to the Web Site, and these changes may be made at any time without notice. Most of the Material on the Web Site is provided and maintained by third parties. This third party Material may not be screened by the Company prior to its inclusion on the Web Site. You expressly agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of other subscribers or third parties. COMPANY PERSONS PROVIDE NO WARRANTIES, WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, IT MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, PARTICULARLY AS TO ANY MINIMUM NUMBER OF VISITS WHICH MAY BE DELIVERED TO CUSTOMER’S WEBSITE(S), OR THEIR ACCURACY, RELIABILITY, OR THE CONTENT OF ANY INFORMATION AND SERVICE PROVIDED BY THE COMPANY. The Company does not warrant that the Web Site will operate error-free or that the Web Site or its server is free of computer viruses or other harmful goods. If your use of the Web Site or its Material results in a need to repair or replace equipment or data, the Company is not responsible for the retrieval of those documents. The Web Site and its Material are provided on an as-is basis without warranty express or implied. The Company and its suppliers and affiliates, to the fullest extent permitted by law, disclaim all warranties, including the warranty of non-infringement of proprietary or third party rights, and the warranty of fitness for a particular purpose. The Company and its suppliers make no warranties as to the accuracy, reliability, completeness, or timeliness of the material, services, text, graphics and links. THE GARCES REALTY, INCLUDING ITS COMPANY PERSONS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR CODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY PERSONS SHALL CREATE A WARRANTY AND THE SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, OR COMPANY PERSONS INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SYSTEM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM SUBSCRIBER'S USE OF, OR INABILITY TO USE THE SYSTEM, INCLUDING ITS COMPANY PERSON, INCLUDING,BUT NOT LIMITED TO, RELIANCE BY ANYONE ON ANY INFORMATION OR SERVICE OBTAINED VIA THE SYSTEM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE PREP SUBSCRIBER ACKNOWLEDGES THAT THIS PARAGRAPH APPLIES TO ALL CONTENT, MERCHANDISE, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE PREP SYSTEM. NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE PROGRAM MATERIALS, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, OR COMPANY PERSONS FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE PESO AMOUNT PAID TO THE COMPANY BY A SUBSCRIBER IN THE TWELVE (12) MONTH PERIOD PRECEDING ANY CLAIMED INJURY, OR DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES ARE FOR THE BENEFIT OF THE COMPANY AND COMPANY PERSONS, WHO SHALL HAVE A RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS ON THEIR OWN BEHALF. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under no circumstances shall the Company be liable to any user on account of that user's use of the Web Site. Such limitation of liability shall apply to prevent recovery of any and all damages, including, without limitation, direct, indirect, incidental, consequential, special, punitive and exemplary damages arising from any use of the Web Site, including any damages that may be incurred by third parties. 14. Ownership and Possession of Program Materials The Company Logo, technical usage guidelines, graphic files, video or audio clips, buttons, software, HTML code, and associated documentation (collectively "Program Materials") are owned or held in license by the Company. Any reproduction or redistribution of those Materials or reverse engineering not in accordance with the terms and conditions contained herein is expressly prohibited. Use and possession of the Program Materials are governed by these terms and conditions. 15. Use of Program Materials 15.1 CUSTOMER MAY a. has a complete control of the website(s) thru its admin page- no need to call the webmaster. b. Capability on your admin page to post Wanted Properties for Sale/Rent and its corresponding details. c. Use and possess Program Materials solely to participate in the applicable Company programs; d. Use Program Materials in the form provided by the Company; and e. Accurately reference the Company's products, services, copyrights and trademarks at its website(s). f. Professionally design website and program all complete with process guidelines which will be made known to the realtors, Brokers and Agents. 15.2 CUSTOMER MAY NOT a. Extend, resize, reproportion, recolor, or animate any Program Materials, or otherwise alter, enhance, patch or modify them; b. Use Program Materials as a feature, or design element of any other logo, graphic, button, page or other visual element not expressly supplied or authorized by the Company; c. Modify, translate, reproduce, rent, lease, publish, distribute, sub-license, loan, copy, donate, or transfer any rights in the system to any person or entity; d. Use Program Materials on a website that disparages the Company, Infringes any of the Company's intellectual property, or other rights, or violates state l law; e. Make inaccurate reference to the Company, or its products or services; or f. Use Program Materials in any manner that implies sponsorship, endorsement, or license of Subscriber’s website(s) by the Company. 15.3 CUSTOMER MUST a. Acknowledge on legal notices displayed on its website(s) that the Program Materials are the Company's copyrighted or trademarked property; b. Use the Program Materials and promptly update its website(s) with any revise versions, upon notice from Company of the availability of such updates; c. Ensure that titles, logos and other visual elements on its website(s) are at least as prominent as the Program Materials used therein; d. Ensure that the Program Materials appear by themselves, with a minimum spacing of one line, two characters, or 30 pixels between each side of the Program Materials and other visual elements on their web pages; and e. Ensure that the Program Materials, where applicable, link directly to any sites specified in those Materials, and are used in accord with the technical usage guidelines contained therein. 16. Entirety This Agreement may be complemented by the contemporaneous execution of a Subscription Form from the Company, with such Subscription Form detailing the Company. Such Subscription Form may list a summary of the terms and conditions that are provided in greater detail in this Agreement. Other than for such contemporaneous Subscription Form, this Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between Customer and the Company. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of this Agreement. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect. The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the Philippines. Access to the Materials may not be legal by certain persons or in certain countries. The Company is not responsible for any damages, claims or injuries that may result from unlawful or inappropriate access to the materials. If you access the Web Site from outside of the Philippines, you do so at your own risk and are responsible for compliance with the laws of any appropriate jurisdiction. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the state of the Company applicable to contracts entered into and performed within the state of the Company without respect to its conflict of laws principles. By using this Web Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of this Web Site is the Circuit Court nearest the county in which the Company is registered. You hereby irrevocably waive any objection that you may have to the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is 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 this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any provision of thisagreement or the Terms does not constitute a waiver for future enforcement of said Terms or terms of this agreement. 17. Governing Laws This Agreement shall be governed by the laws of the Republic of the Philippines applicable to contracts made and to be performed in this country. Any cause of action against the Company, or Company Persons related to PREP Registrations, or Company policy must be commenced within one (1) year after such cause of action arises, or it will be barred, unless such rights are otherwise extended by law. Printable Version
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