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The following are the terms and conditions (the "Terms") under which you (a "User")
may use the web sites and co-branded web sites of Summit International Realty (the
"Company") at www.summitinternationalrealty.com and/or any other addresses (any or all
of which are herein referred to as the "Web Site"). Please read this page carefully.
By accessing and using the Web Site, you accept and agree to be bound, without
modification, limitation or qualification, by the Terms. The Company may, at its sole
discretion, modify or revise the Terms at any time by updating the text of this page.
You are bound by any such modification or revision and should therefore visit this
page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided with respect to transactions
conducted on or in connection with the Web Site, and other rules may be provided for
the use of certain other items, areas or services provided on or in connection with
the Web Site, and you agree to be bound by such rules.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND
NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE. (THE CONTENT OF SUCH
AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE
TOGETHER REFERRED TO HEREIN AS THE "AGREEMENT.") IF YOU DO NOT ACCEPT ANY OF THE
PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.
Section 1. The Material on the Web Site
WARNING: The content of the Web Site is not intended for minors. If you allow
your child to use your computer, it is your responsibility to determine whether any of
the services, content and subject matter displayed on the Web Site is inappropriate for
your child, and to control the child's use of the computer accordingly. If you
yourself find offensive content of the type referred to above, you should not use the
Web Site.
The contents of the Web Site, such as text, graphics, images, audio, video, data,
coding, scripts, computer programs and other material ("Material" or "Materials"), are
protected by copyright under the laws of the Netherland Antilles as well as other
countries, and are owned or controlled by the Company or by third parties that have
licensed their Material to the Company.
Unauthorized use of the Material may violate copyright, trademark, and other laws.
You may not sell, prepare derivative works based on or modify the Material (including,
without limitation, preparation of summaries of the Material or "thumbnails" of any
images therein), or reproduce, publicly display, publicly perform, distribute, or
otherwise use the Material in any way for any public or commercial purpose. The use of
the Material or any portion thereof on any other web site, or in any publication,
database, catalog or compilation, or in a networked computer environment for any
purpose other than personal browsing of the Web Site without the express prior written
permission of the Company is strictly prohibited. With respect to any copy you make of
the Material within the scope of the limited personal license granted herein, you must
retain therein, unmodified and unobscured, any and all copyright and other proprietary
notices contained in the original Material. Some of the Material may contain digital
"watermarks" to indicate their source and ownership. You agree not to attempt to
remove, deactivate, reverse engineer, modify, tamper with or obscure any such
watermarks. The trademarks, logos and service marks (the "Marks") displayed on the Web
Site are owned by the Company or third parties. You are prohibited from using the
Marks without the express, prior written permission of the Company or such third
party. If you would like information about obtaining the Company's permission to use
the Material on your web site,
info@summitinternationalrealty.com.
The Company reserves the right to employ robot exclusion headers and similar
mechanisms within the Web Site, and you agree that you and all persons and facilities
under your control will honor such headers and mechanisms. Regardless of the presence
or absence of any such headers or mechanisms, and without limiting the generality of
any other restriction on use of the Web Site or the Material set forth in this
Agreement, you will not in any event use any robot, spider, or other automatic or
manual device or process for the purpose of compiling information regarding the
identification, address or other attributes of any of our Users, or sellers, or to
recreate in original or modified form any substantial portion of the Web Site. You
further agree not to use any device, software or routine to interfere or attempt to
interfere with the proper functioning of the Web Site or any transactions being
conducted on or in connection with the Web Sites. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on our servers or
systems.
If you violate any provision of the Agreement, your permission to use the Material and
the Web Site automatically terminate and you must immediately destroy any copies you
have made of the Material.
The Company respects the intellectual property of others, and we ask our Users to do
the same.
Section 2. Privacy; User Submissions
The Company is committed to maintaining your privacy. The Company does, however, gather certain information
that you provide to the Web Site. For information regarding the Company's policies for using User information
please read our Privacy Policy.
The Company may provide certain areas of the Web Site (such as chat rooms, message boards or other
facilities) designated as open to public access or to our Users at large (each of which is referred to
herein as a "Public Area"). Generally, any communication that you post to a Public Area is considered to be
non-confidential.
By posting communications (including any graphic or multimedia content) to any Public Area, you
automatically grant the Company a royalty-free, perpetual, irrevocable non-exclusive license to use,
reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the
communication and any trademarks, names or likenesses therein alone or as part of compilations or other
works in any form, media, or technology whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicensees. (Provisions conferring similar rights on the Company may
apply under separate terms or agreements with respect to certain matter submitted other than in Public
Areas; you should check the applicable agreements or terms provided by the Company in order to ascertain
your rights.)
The Company does not screen communications in advance and is not responsible for screening or monitoring
material posted by Users. As a User, you are responsible for your own communications and are responsible for
the consequences of their posting. You must not do any of the following things while accessing or using the
Web Site or using the Material: (1) post or transmit any material unless you are the owner of all patent,
trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of
the owner of the Rights to post or transmit such material to the Web Site; (2) post material that otherwise
violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third
parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful,
embarrassing or otherwise objectionable to another User or any other person or entity; (4) post
sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or
transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally
or unintentionally violate any applicable local, state, national or international law while using or
accessing the Web Site or the Material; or (9) post or transmit any information containing a virus or other
harmful component.
If notified by a User of communications that allegedly do not conform to any term of this Agreement, the
Company may investigate the allegation and determine in its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or responsibility to Users for performance or
non-performance of such activities. The Company reserves the right, in its sole discretion, to expel Users
and prevent their further access to the Web Site for violating this Agreement or the law. The Company also
reserves the right at all times to disclose any information as necessary or deemed desirable by the Company
to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in the Company's sole discretion.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF
ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT
ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.
Section 3. Registration, Passwords and Signatures
In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by any registration form that you may fill out on any Web Site
(such information being the "Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue,
inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is
untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Web Site (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the
registration process on the Company's Web Site. You are responsible for maintaining the confidentiality of
any such password, digital signature and account, and are fully responsible for all activities that occur
under your password, digital signature or account. You agree to (a) immediately notify the Company of any
unauthorized use of your password, digital signature or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session. The Company cannot and will not be liable
for any loss or damage arising from your failure to comply with this paragraph.
Section 4. Links to Other Sites
The Web Site may contain links to third-party web sites that are maintained by others. These links are
provided solely as a convenience to you and not as an endorsement by the Company of the contents of such
third-party web sites. The Company is not responsible for the content of linked third-party sites and does
not make any representations regarding 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.
Section 5. Liability Disclaimers
All properties featured on the Web Site are subject to prior sale, price changes, and withdrawal without
notice. The Company believes all material and editorial to be correct but assumes no legal responsibility
for accuracy. The Material may contain inaccuracies or 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. Any use of the Web Site and the Material is
at your own risk. Advice received via the Web Site should not be relied upon for personal, medical, legal,
or financial decisions, and you should consult an appropriate professional for specific advice tailored to
your situation. Changes are periodically made to the Web Site and may be made at any time. Some Material on
the Web Site is provided by third parties, and the Company shall not be held responsible for any such
Material provided by third parties.
You acknowledge and agree that, in the event that there are discrepancies or differences between the
descriptions of real property provided on the Web Site and the actual physical real property, the latter
will in all events be considered to be authoritative and controlling.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT
INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF
YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR
PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH
VARY DEPENDING ON YOUR STATE/JURISDICTION.
Section 6. Disclaimers of Certain Damages
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE
LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. IN NO EVENT SHALL THE
COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,
EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 7. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and
agents, from and against any losses, liabilities, damages, costs, and expenses, including, without
limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or
demands alleging or resulting from your use of the Material (including Software), your breach of this
Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to
you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall
provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
Section 8. Third Party Rights
These terms are for the benefit of Summit International Realty and its Providers, officers, directors,
employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the
right to assert and enforce these terms directly against you on its or their own behalf.
Section 9. General
The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or
that they may be downloaded outside of the Netherland Antilles. Access to the Materials (including Software)
may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the
Netherland Antilles, you are responsible for compliance with the laws of your jurisdiction.
The Web Site is based in St. Maarten, Netherland Antilles 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 Netherland
Antilles applicable to contracts entered into and performed within the Netherland Antilles without respect
to its conflict of laws principles. By using the Web Site, you agree that the exclusive forums for any
claims or causes of action arising out of your use of the Web Site shall be the federal courts for or within
the Netherland Antilles. You hereby irrevocably waive, to the fullest extent permitted by law, any objection
which you may now or hereafter have to the laying of 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. The failure of the Company to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any
term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You
agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose
or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with
respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an
authorized representative of the Company.
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