TERMS OF USE AGREEMENT
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Goldcrown Property Management”, “us” or “our” refers to Goldcrown Property Management, Inc. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content,
organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The
copying,
redistribution, use or publication by you of any such matters or any
part
of the Site, except as allowed by Section 6 below, is strictly
prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or
materials
on the Site does not constitute a waiver of any right in such
information
and materials. Our Copyright Agent for Notice of claims of copyright
infringement on the Site is Goldcrown Property Management, Inc.
who can be reached
as follows: By mail: Info@GoldCrownService.com Any and all
transmissions
by email, fax, mail or any form of transmission buy or site or from any
member of our firm or affiliate with all users of this site are
STRICTLY
CONFIDENTIAL. Any copying, printing, forwarding or use of any
transmissions in any way to any third party is a violation of use of
this
site. Any and all users that violate will be deleted from the system
and NO
refunds will apply with any user. Legal recourse can be expected for
any
violation of this section and user agrees to pay all reasonable
attorney
fees to enforce this section. Any documented intention to violate this
section is cause for immediate termination of service with no refund
for all users.
Goldcrown Property Management, Inc.
1585 Main St
Dunedin, FL 34698
3. Refund Policy.
All
sales are final and are not subject to a refund. This Section 17 sets
forth your sole and exclusive right to refund and return. Applicant
agrees to indemnify, defend, and hold harmless Goldcrown Property Management, Inc, and its parents, subsidiaries, affiliates,
officers, directors, shareholders, employees, and agents, for all
losses and costs related to any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of
Applicant's use of or listing in the Service, the acceptance or
rejection of Applicant's application, any alleged violation of this
Agreement, or any alleged violation of any rights of others. Goldcrown Property Management, Inc. reserves the right to remove any
timeshare advertisements from its systems at any time deemed necessary
by the company. Examples would be failure to respond to potential
buyers, failure to update and keep contact information current,
threatening communications including, but not limited to, fax, verbal
abuse by telephone, threatening email or failures to communicate in a
timely manner. Listings containing inaccurate information as provided
by the client shall be removed without refund of the listing fee. Your
advertising is for 6 months (that is what you paid for). If your
property has not sold within the six month period, as a courtesy we
will continue to advertise your property until it sells, without
additional cost to you. Request for a refund during this extended
courtesy period will result in your ad being pulled from our system
without notice or reimbursement.
4. Editing, Deleting and Modification.
We
reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site. Any and
all property owners receiving a full advertised price offer must accept
such offer or the ads will be removed from our systems with no refunds.
5. Service Mrks.
"GoldCrownService.com," "Goldcrown Property Management,"
"Goldcrown Property Management, Inc," and others are either
service marks or registered service marks of Goldcrown Property Management, Inc. ("Goldcrown Property Management"). Other
product and company names mentioned on the Site may be trademarks of
their respective owners.
6. Limited License;
Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement; (b)
to use the Site solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
7. Restrictions
and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”) therein
are subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section
6 above), republish, display, distribute, transmit, sell, rent, lease, loan
or otherwise make available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved from it; (b) use the Site or
any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control laws or
regulations of the United States.
8. Errors, Corrections
and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected. We
do not represent or warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Site at any time. We reserve
the right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
9. Unlawful Activity.
We
reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information. Willful intent
to harm this company through threat, inaccurate or undocumented
complaints to third party reporting agencies is cause for breech of
contract and such clients would be deleted from our systems without
refunds at the discretion of the investigating team of Goldcrown Property Management Inc.
10. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense related to your violation of this Agreement
or use of the Site.
11. Nontransferable.
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents is not transferable
or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, IncIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of
Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site or any features
thereof, (c) your use of the Site, (d) the content contained on the Site, or
(e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you to us (collectively,
a "Submission") will forever be our property. We will not be required
to treat any Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas) and will
not incur any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
and copyright.
15. Third-Party
Services.
We may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants. You agree
that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE. The country of Merchant domicle is PHILIPPINE INDEPENDENT SALES ORGANIZATION, Inc. Subic International Hotel, Unit 112 Alpha Building, Rizal cor Sta Rita Road, Subic Bay Freeport, Olongapo City, Philippines 2200.
16. Third-Party
Merchant Policies.
All rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or commitments
on behalf of the other.
17. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your
credit card company in the form of United States Dollars(USD) and that you will be billed by www.goldcrownservice.com, (iii) you will pay the charges incurred by you at
the posted prices, including any applicable taxes and (iv) you agree to
pay any and all reasonable attorney's fees to collect any payment due
Goldcrown Property Management through worthless checks, bad
checks, invalid checks or chargebacks through credit card companies.
You also agree to pay any and all reasonable attorney's fees resulting
from any claim from Goldcrown Property Management regarding
slander, fraud, malice, defamation of character or third party
arbitration. Any and all such claims will be in a Pinellas County,
Florida court of law.
18. Securities
Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for
our products or services, as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking statements.
These statements are based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are intended to
identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale of
any securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
19. Links to other
Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
20. Copyrights and
Copyright Agents.
We respect the intellectual property of others, and we ask you to
do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located
on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site
can be reached by directing an e-mail to the Copyright Agent at customerservice@lawcommerce.com
21. Information
and Press Releases.
The Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
22. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
23. Content
All
property listed in our web sites are postings of the property owner or
owners. Goldcrown Property Management and It's affiliates and not
responsible for the content of any advertised property on our web sites
or the accuracy of the advertisements or the warrantable or
merchantable of any content on the web sites and assumes no
responsibility for any inaccuracy or misrepresentation. Owners of
properties assume full responsibility for any and all properties
offered for sale, for rent, for lease, exchange or trade.
24. Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in Pinellas County, Florida, and shall be governed by and construed in accordance
with the laws of the State of Florida (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section
16 and Section 17. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party. Any rule of construction
to the effect that ambiguities are to be resolved against the drafting party
shall not apply in interpreting this Agreement. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or merger.
If any provision of this agreement is held illegal, invalid or unenforceable
for any reason, that provision shall be enforced to the maximum extent permissible,
and the other provisions of this Agreement shall remain in full force and effect.
If any provision of this Agreement is held illegal, invalid or unenforceable,
it shall be replaced, to the extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid, or unenforceable
provision as is legally possible. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination of
this Agreement. The title, headings and captions of this Agreement are provided
for convenience only and shall have no effect on the construction of the terms
of this agreement.
Copyright
Notice
Copyright © 2005 by Goldcrown Property Management, Inc. All the
text, graphics, audio, design, software, and other works are the
copyrighted works of Goldcrown Property Management, Inc. All
Rights Reserved. Any redistribution or reproduction of any materials
herein is strictly prohibited.