| This Website (the "Website") is an online Information service
owned and operated by Giosas Computers and namely by websites Giosas.com, realestatewebpackage.com, realestatetoursworld.com and licensed to the licensee of this
Website. Your use of the Website is subject to your compliance with the acknowledgements,
agreements, covenants, terms and conditions set out below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE WEBSITE. BY ACCESSING
OR USING THE WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE ACKNOWLEDGEMENTS,
AGREEMENTS, COVENANTS, TERMS AND CONDITIONS SET OUT BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THE ACKNOWLEDGEMENTS, AGREEMENTS, COVENANTS,
TERMS AND CONDITIONS SET OUT BELOW, DO NOT ACCESS NOR USE THE WEBSITE.
GIOSAS COMPUTERS RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE WEBSITE. You agree to review the agreement periodically to
be aware of such modifications and your continued access or use of the Website
shall be deemed your conclusive acceptance of the modified agreement.
By accessing and using the Website, you hereby agree to be bound by the following
acknowledgements, agreements, covenants, terms and conditions:
Use of Materials from the Website:
You may print, copy or download portions of the material presented in the different
areas of the Website so long as such portions do not represent a substantial
percentage of the material presented in any area and provided that such printing,
copying or downloading is solely for your own personal, non-commercial use.
Should you print, copy or download any portion of the material presented in
the different areas of the Website, you covenant and agree not to remove, change
or delete any copyright or proprietary notices from the materials so printed,
copied or downloaded.
You acknowledge and agree that Giosas Computers retains the exclusive, worldwide,
perpetual ownership and license of the web Website designs and material presented
in the Website and in the different areas of the Website and can sub-license,
reproduce, distribute, and sell the materials contained in the Website to the
public at its own discretion.
By accessing any portion of the Website, you covenant and agree not to distribute,
redistribute, sell, gift or otherwise disseminate the design or layout of the
Website, individual elements of the Website design or any of the information
found herein. Reproduction, in whole or in part, in any form or medium of the
Website, its design or layout, or the information contained herein, without
the express written permission of Giosas Computers is prohibited.
By accessing any portion of the Website, you acknowledge and agree that any
printing, copying, misuse, sale, or other distribution of the design, layout
or information contained in the Website will result in damage to Giosas Computers
and the licensee of this Website which cannot be adequately compensated by monetary
damages alone. You hereby acknowledge and agree that, in the event of misuse
by you of anything to do with the Website, Giosas Computers and the licensee
of this Website are entitled to a court injunction to stop your further such
use obtained without notice to you. Nothing contained herein limits or affects
in any way the rights of Giosas Computers and the licensee of this Website to
pursue you for monetary damages for such misuse.
Warranties:
While Giosas Computers and the licensee of this Website use reasonable efforts
to include accurate and up-to-date information on the Website, Giosas Computers
and the licensee of the Website make no representations as to the accuracy,
timeliness or completeness of that information and you should not rely upon
it. In using this Website, you agree that its information and services are provided
"as is, as available" without warranty, expressed or implied, and
that you use the Website and the information contained within it entirely at
your own risk.
Giosas Computers and the licensee of this Website do not warrant the accuracy
or completeness of the information and materials on the Website. The materials
and information on the Website may be out of date and Giosas Computers and
the licensee of this Website make no commitment to update the materials and
information on the Website.
You acknowledge and agree that, to the fullest extent permissible pursuant
to applicable law, Giosas Computers and the licensee of this Website disclaim
all warranties, express or implied, including but not limited to implied warranties
of marketability, merchantability, accuracy and fitness for a particular purpose.
Giosas Computers and the licensee of this Website do not warrant that the
functions, links, information or other items contained in the materials or on
the Website will be uninterrupted or error-free, nor do they warrant that any
defects will be corrected, whether they are aware of such defects or not, nor
that the Website or the server upon which it is made available are free of viruses
or other components harmful to you, your computer software or hardware.
Giosas Computers and the licensee of this Website do not warrant nor make any
representations regarding the use or the results of the use of the materials
and information on this Website in terms of their correctness, accuracy, reliability
or in any other terms.
Liabilities:
You further acknowledge and agree that Giosas Computers and the licensee of this Website, and any other persons who may have been involved in creating, modifying and delivering the Website's contents have no liability to you or anyone else for direct, indirect, incidental, punitive or consequential damages or damages of any kind whatsoever with respect to the information, services, content or advertisements contained on or otherwise accessed through the Website.
Under no circumstances including, but not limited to, negligence shall Giosas Computers
or the licensee of this Website be liable for any special or consequential damages
that result from the use of or the inability to use the materials and information
on this Website, even if Giosas Computers or the licensee of this Website
have been advised of the possibility of such damages.
If, by the application of applicable law, Giosas Computers or the licensee
of this Website should be held in any way liable for any such damages suffered
by you despite the limitations and waivers of liability contained herein, in
no event shall the total liability of Giosas Computers or the licensee of this
Website to you for all damages, losses, and causes of action (whether in contract,
tort [including but not limited to negligence] or otherwise) exceed the amount
paid by you, if any, for accessing the Website.
Links to Other Web Sites:
The Website contains "links" to third-party web sites. These links
are provided solely as a convenience to you. The linked sites are not under
the control of Giosas Computers or the licensee of this Website and Giosas Computers
and the licensee of this Website are not responsible for the material, information,
contents, depictions or other inclusions in any such linked web site.
The inclusion of a link to a third-party site does not imply endorsement of
the linked site by Giosas Computers or the licensee of this Website. Neither
Giosas Computers nor the licensee of this Website have reviewed the contents
of such linked third-party sites nor are they responsible or liable for any
of such sites of their contents.
Giosas Computers and the licensee of this Website make no representations
or warranties concerning the linked third-party sites nor do they endorse the
information, advice, materials or products found there.
Giosas Computers and the licensee of this Website shall not be liable for
any damages or costs arising out of or in any way connected to your use of any
of the information, material, products, services or companies accessed through
the Website or via third party sites. If you decide to access any of the linked
third-party sites through the Website, YOU DO SO ENTIRELY AT YOUR OWN RISK.
All such linked third-party sites are linked to the Website in "as is,
as available" condition with no representation made by Giosas Computers
or the licensee of this Website concerning authorization or permission or ability
or continued ability to link to these sites.
Jurisdiction and Enforcement:
This agreement and terms of use shall be governed and construed according to
the laws of the Province of British Columbia, Canada. You agree that any legal
action or proceeding between the parties of this agreement for any purpose concerning
this agreement or the relationship between the parties which it creates and
represents or the parties' obligations hereunder shall be brought exclusively
in a court of competent jurisdiction sitting in the Province of British Columbia.
Any cause of action or claim that either party may have against the other with
respect to this product or service must be commenced within one (1) year after
the claim or cause of action arose or such claim or cause of action is barred
as out of time.
Any decision by Giosas Computers not to insist upon or enforce strict performance
of any provision of this Agreement shall be without prejudice to Giosas Computers’s
right to enforce the clauses of this Agreement strictly nor shall it be construed
as a waiver of any provision or right. Neither the course of conduct of the
parties nor trade practice shall act to modify any provision of this Agreement.
A. ACCEPTANCE OF TERMS OF SERVICE
Giosas Computers welcomes you to use our multiplicity of services. Giosas Computers
users are subject to the following terms of service listed below. The terms
of service may be updated at any time without notice to you. Giosas Computers
recommends that you periodically review the terms of service agreement for any
possible changes.
B. DESCRIPTION OF SERVICE
Giosas Computers provides users with individual dynamic web sites to display
various types of properties for sale, hosting services, and information resources
pertaining to real estate. These services are subject to change at anytime.
In order to utilize the services provided by Giosas Computers the client must
open an account, which can't be accessed without the acceptance of terms of
service. Giosas Computers provides its users with a web site and hosting space.
The user agrees that they don't own the web site for it is part of the user
package that Giosas Computers provides due to the user purchasing hosting. Thus,
the web site will always remain the property of Giosas Computers and can't be
duplicated or taken by the user once they have terminated their service agreement
with Giosas Computers. The user also understands that these are template sites
and that they are limited to the changes that can be made to them. Giosas Computers
remains independent of all MLS's. Thus, your listings will not be automatically
placed for you.
C. REGISTRATION OBLIGATIONS
In order to utilize Giosas Computers service, you agree to: (1) provide true,
accurate, current and complete information about yourself in your Giosas Computers
profile, (2) provide true, accurate, current and complete information and data
in your Giosas Computers web site. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Giosas Computers has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Giosas Computers has the right to suspend or terminate your
account and refuse any and all current or future use of the service. Please
refer to PAYMENT FOR TERMINATION OF SERVICES below.
D. CLIENT CONDUCT
You understand that all information, text, data, photographs, graphics, messages
or other materials ("content") are the sole responsibility of the
person from which such content originated. This means that you, and not Giosas Computers,
are entirely responsible for all content that you post, upload or transmit via
the Giosas Computers service. Giosas Computers does not control the content
posted by the users of this service. Thus, does not guarantee the information
is true, accurate, current, complete, quality or integrity of such content.
You agree to not use Giosas Computers service to:
post or upload any material that infringes any copyright, patent, trademark
or other proprietary rights of any party;
post or upload any material that is abusive, defamatory, harassing, harmful,
libelous, obscene, racially or ethnically objectionable, unlawful or vulgar;
post or upload any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
post or upload any material about illegal activities. This may include, but
is not limited to, providing information on how to assemble bombs, grenades
and other weapons, promote any act of cruelty to animals, promote physical harm
to any group or individual
E. NO RESALE OF SERVICE
You agree not to sell, resell, copy or exploit any portion of Giosas Computers
service.
F. INFORMATION SUBMITTED TO GIOSAS COMPUTERS
Information submitted to Giosas Computers does not get pre-screened, but Giosas
Computers has the right to remove or refuse any information that is submitted
to the service. Giosas Computers does not claim ownership of the information
you place on the Giosas Computers web site. You agree that you must bear all
the risks associated with the information you supply to the Giosas Computers
service. This includes accuracy, completeness, or usefulness of such information.
G. MODIFCATIONS OR DICONTIUATION OF SERVICE
Giosas Computers has the right at any time to modify or discontinue, temporarily
or permanently, the service with or without notice if any part of the terms
and conditions have been violated. You agree that Giosas Computers will not
be held liable to you for any modification, suspension or discontinuance of
the service.
H. TERMINATION OF SERVICE
Giosas Computers has the right to terminate your password, which corresponds
with your Giosas Computers web site, and remove any information within that
web site if Giosas Computers believes that you have violated the terms of
service agreement. You agree that Giosas Computers will not be liable to
you for any termination of your access to the service. If your payment is more
than thirty (30) days late, we reserve the right to cancel your service which
could result in the loss of all the content (pictures included) in your web
site. Also, you will forfeit any prepayment made to Giosas Computers. Please
refer to PAYMENT FOR TERMINATION OF SERVICES below.
I. HOSTING
Giosas Computers guarantees 99.0% hosting uptime to all of its members.
J. NOTICE
Notices to you may be made via email, regular mail or telephone. Giosas Computers
may provide notices of changes to the terms of services or other matters via
the Giosas Computers web site.
K. COPYRIGHTS
Giosas Computers respects the intellectual property rights of others and
we expect the users of our services to do the same.
L. BILLING AND CANCELLATION
You agree that your credit card will be billed once a month if you enter into
a monthly agreement with Giosas Computers. In the event that you sign up on the
30th of one month and the next month only has 28 days, you will be billed on
the 28th of that month. If you enter into a long-term agreement (i.e. 6 month,
1 year or 2 years) you agree that your credit card will be billed the entire
amount upfront. When your long-term agreement has ended you will automatically
be billed monthly until you cancel the service agreement. When your service
agreement switches from a long-term agreement to a monthly agreement, your agreement
will now follow the monthly billing agreement as stated above. In order to cancel
the service agreement you must contact Giosas Computers BEFORE the first of the
month by either email or phone stating you want to cancel your service agreement.
M. PAYMENT FOR TERMINATION OF SERVICES
If a client does not abide by the terms of service and has entered in a month-to-month
or long-term agreement with GIOSAS COMPUTERS they will forfeit the duration
of their contract immediately (i.e. After the 3rd month of a 12-month contract
you don't abide by the terms of service you will forfeit the rest of your contract
monetarily). There are no refunds at all once you sign up for the service.
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