PLEASE READ CAREFULLY BEFORE USING ENJOYPALMASDELMAR.COM
Welcome to the ENJOYPALMASDELMAR.COM web sites (the “Web Site”). The goals of the WebSite include providing consumers with access to residential real estate listings, real estate-related information, and information about the ENJOY PALMAS DEL MAR Services. To promote a safe, non-offensive environment for all visitors to the Web Site, we have established these “Terms of Use”. By accessing any areas of the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this Web Site.
LINKS
The Web Site contains links to third-party websites and may redirect you to third-party websites (“Third Party Sites”). Third-Party Sites are not under the control of ENJOY PALMAS DEL MAR, or the Region and we are not responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement of the provider of such content or services, or of any third-party website. We reserve the right to terminate any link or linking program at any time.
Our Terms of Use and Privacy Policy apply only when you are on the Web Site. Different terms, conditions, and privacy policies will apply when you access or use Third Party Sites, so you should read the applicable terms of use and privacy policy before using the site or disclosing any personal information.
APPLICABLE LAW
The Web Site is operated by MissionPreneur LLC & ENJOY PALMAS DEL MAR, on the Island of Puerto Rico. As such, the laws of Puerto Rico will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of Puerto Rico for any litigation arising out of or relating to the use of the WebSite, waive any objection to the venue of any such litigation, and agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is only authorized in jurisdictions that give effect to all provisions of these Terms of Use.
LIMITED LICENSE
The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. You may not copy reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Web Site for commercial use in any way (including by e-mail or other electronic means) without prior written permission.
RESTRICTIONS
Unless explicitly specified or with separate, written permission from us, you may not and agree that you will not: Copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site or any part thereof; Use or permit others to use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site; use or permit others to use the Web Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; Use or permit others to use the Web Site to violate any applicable local, state, national or international law or regulation; Use or permit others to use the Web Site to contact ENJOY PALMAS DEL MAR offices or sales associates for purposes other than assisting you with your real estate needs, such as marketing products or services; Access or attempt to access password protected, secure or non-public areas of the Web Site; or Create links from any web site or web page to any page within the Web Site, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.
TRADEMARK
The trademarks and service marks used or displayed on the Web Site are trademarks or service marks of ENJOY PALMAS DEL MAR (MissionPreneur LLC) or a third party, which may be registered in the United States or other jurisdictions. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the mark.
TRANSIT
If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to the Privacy Policy.
MAPPING TECHNOLOGY
The mapping technology utilized on the site and the data, graphics and imaging accessible therein is provided under license from Google, Inc. and/or Microsoft Corporation. Google data, graphics and imaging are subject to Google’s Terms of Use and Google’s Legal Notices.
DISCLAIMER
THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE REGION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. ENJOY PALMAS DEL MAR, LLC AND THE REGION EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE REGION OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, REGARDLESS OF.
THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE- EVEN IF THE REGION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THE WEB SITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE); OR THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you are dissatisfied with any portion of the Web Site or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the Web Site and related services.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD THE REGION, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.
TERMINATION
THE REGION may terminate your access to and use of the Web Site, or any part thereof, with or without notice.
UPDATES
ENJOY PALMAS DEL MAR reserves the right to make changes to the Web Site and these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site and related services.
INTERPRETATION
If any part of these Terms of Use is determined to be invalid or unenforceable, then that part will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Any rights not expressly granted herein are reserved by ENJOY PALMAS DEL MAR.
PRIVACY
At ENJOY PALMAS DEL MAR your privacy is very important to us. The purpose of this privacy policy is to provide you with a description of the types of information we collect about you when you visit the remax.com web site (the “Web Site”), and how we use that information. By visiting or using the Web Site, you agree to the provisions of this privacy policy. If you do not agree to the terms of this Policy, please do not use the Web Site.
This policy only applies to information collected while you are on the Web Site. For more information on how the Web Site may redirect you to other web sites, please see the Links and Redirection to Third Party Sites section below.
INFORMATION WE COLLECT
We collect and store information that you voluntarily provide to us as well as data related to your Web Site visit and usage.
We collect personally identifiable information (including, but not limited to, name, address and phone number) that is voluntarily provided to us by you. For example, you voluntarily provide personally identifiable information when you send us an email, use certain features “Contact an Agent” feature or participate in a survey or sweepstakes.
In addition, during your visit we automatically collect certain aggregate information related to your Web Site visit. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, your IP address, your computer browser information, the Internet address that you visited prior to and after reaching the Web Site, the name of the domain and host you used to access the Internet, and the features of our Web Site which you accessed.
USE OF COOKIES
Cookies are simple text files stored on your computer for use by a browser. Certain Web Site features may only be available through the placement of a cookie. We may use cookies to assist in data collection and to track visitor Web Site usage and trends to help us better serve you. The use of cookies is a standard practice among Internet web sites; most Internet browsers permit a user to accept, decline or delete cookies. This Web Site works with a first party cookie that collects anonymous traffic data at the Web Site.
HOW WE USE INFORMATION
We use collected information to make available and to improve our high standard of reliable services. We use such information to: respond to inquiries or service requests and monitor such responses; provide information about and market our products or services or those of the ENJOY PALMAS DEL MAR franchise network of independently owned offices and their affiliated independent real estate agents; resolve problems; and manage the Web Site and assess its usage.
DISCLOSURE OF INFORMATION
When you search for a property, we will redirect you to the site of an independently owned and operated ENJOY PALMAS DEL MAR franchise office and provide information you have submitted to us, including the parameters of the search, and if you have registered, your contact information, to that office. Similarly, if you request to be contacted by an agent or office or otherwise request information from us, we will disclose the personally identifiable information you provide to appropriate affiliates of ENJOY PALMAS DEL MAR to satisfy your request.
We do not sell or rent personally identifiable information to third parties who are not affiliates of the ENJOY PALMAS DEL MAR franchise network. We may disclose personally identifiable information to appropriate affiliates of ENJOY PALMAS DEL MAR, including strategic alliance affiliates and third party service providers, to respond to a request for service or to provide information about available products or services.
We may share non-personally identifiable information with certain third parties including marketing partners, national industry organizations, and prospective affiliates. We may provide such information as part of Google’s DoubleClick program. For information on opting out of the DoubleClick program, please visit https://www.google.com/settings/ads/onweb or http://www.networkadvertising.org/choices. In addition, we reserve the right to disclose aggregate information and personally identifiable information to third parties as required or permitted by law and when we believe that disclosure is necessary to protect our rights.
LINKS AND REDIRECTION TO THIRD PARTY SITES
The Web Site contains links to third party web sites and may redirect you to third party web sites (“Third Party Sites”). These include sites of: regional ENJOY PALMAS DEL MAR sub-franchisors, many of which are independent of the Region; independently owned and operated ENJOY PALMAS DEL MAR franchise offices; independent ENJOY PALMAS DEL MAR sales associates affiliated with ENJOY PALMAS DEL MAR franchise offices; and service providers who have a relationship with the Region, some of whom are permitted to display a ENJOY PALMAS DEL MAR logo pursuant to a co-branding agreement.
Third Party Sites are not under the control of the Region, and the Region is not responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement thereof by the Region, or of the provider of such content or services, or of any third party web site. The Region reserves the right to terminate any link or linking program at any time.
Please be aware that when you enter a third party web site, any information you provide, including financial information, is subject to the terms of use and privacy policy of that site.
CHILDREN’S PRIVACY
This Web site is not directed toward children, and we do not knowingly collect information from children.
EFFECTIVE DATE; POLICY CHANGES
Each time you use the Web Site, the current version of the policy will apply. Accordingly, when you use the Web Site, you should check the date of this policy (which appears at the top of the policy) and review any changes since the last version. We reserve the right to add to, change, update or modify this Privacy Policy at any time and without notice other than simply posting such changes, update or modification on this Web Site. Any such change, modification or update will be effective immediately upon posting on the Web Site.
LOST OR STOLEN INFORMATION
You must promptly notify us if you become aware that any information provided by or submitted to this Web Site is lost, stolen, or used without permission.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ENJOY PALMAS DEL MAR, LLC OR THE REGION BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE) THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THIS WEB SITE, EVEN IF ENJOY PALMAS DEL MAR, LLC OR THE REGION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To contact us with your questions or comments regarding this policy or the information collection and dissemination practices of this Web Site, please email us at info@enjoypalmasdelmar.com.
