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THE FOLLOWING SERVICE TERMS & CONDITIONS") GOVERN YOUR USE OF
THIS SERVICE PROVIDED BY PanamericanMLS.com WITHIN THIS WEBSITE
Description of Service and Acceptance of Terms
Welcome to
PanamericanMLS.com. PanamericanMLS.com is a Rep de Panama
Multiple Listing Service. It provides online tools for real
estate professionals to manage listings, search for property,
and create reports. Access to the MLS Content is provided
through the Internet via end-user web-based software designed
specifically for real estate professionals ("Service"). You are
viewing the publicly accessible portion of the Service which
does not require a subscription or provision of any content or
personal information to PanamericanMLS.com
PLEASE BE
ADVISED THAT PanamericanMLS.com DOES NOT (A) REPRESENT
INDIVIDUALS OR ENTITIES IN PURCHASING, SELLING OR LEASING, OR
OTHERWISE AQCUIRING OR DISPOSING OF REAL ESTATE; (B) MAKE,
SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST INDIVIDUALS OR
ENTITIES IN OBTAINING LOANS TO PURCHASE REAL ESTATE; OR (C)
PROVIDE LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH REAL
ESTATE TRANSACTIONS. INDIVIDUALS AND ENTITIES SEEKING THESE
TYPES OF SERVICE SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
These
"SERVICE TERMS & CONDITIONS" may be updated by
PanamericanMLS.com from time to time without notice to you. In
addition, when using particular PanamericanMLS.com services, you
and PanamericanMLS.com shall be subject to any posted guidelines
or rules applicable to such services that may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into the SERVICE TERMS & CONDITIONS.
PanamericanMLS.com may offer other services from time to time
that may be governed by different Services terms & Conditions.
Unless
explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new
PanamericanMLS.com properties, shall be subject to these SERVICE
TERMS & CONDITIONS. PanamericanMLS.com assumes no responsibility
for and does not warrant or guarantee the completeness, accuracy
or reliability of any MLS Content included in the Service. You
are responsible for obtaining access to the Service. Access may
involve third party fees (such as Internet service provider or
airtime charges). In addition, you must provide and are
responsible for all equipment necessary to access the Service.
2. Grant
of License
PanamericanMLS.com hereby grants to you, and you hereby accept,
a limited, revocable, non-exclusive license to use the Site and
the MLS Content, for the duration of
your viewing
session, subject to these SERVICE TERMS & CONDITIONS that may be
updated from time to time. "MLS Content" means all documents,
materials and images compiled by PanamericanMLS.com and made
available on the Site, including but not limited to listing
data, text, graphics, files, software, audio, video, trademarks
and copyrightable materials. "Site" or "Website" shall mean this
Site and any other site owned, operated or maintained by
PanamericanMLS.com. "We," "us" and "our" shall mean
PanamericanMLS.com and its affiliates. PanamericanMLS.com
reserves all rights not expressly granted to you in these
SERVICE TERMS & CONDITIONS. Any software or tools contained
herein are licensed, not sold
3.
PanamericanMLS.com's Privacy Policy
We do not
collect, rent, sell or share any personal consumer information.
4. No
Liability for Content
PanamericanMLS.com does not control the information posted via
the Service and, as such, does not guarantee the accuracy,
integrity or quality of such information. Under no circumstances
will PanamericanMLS.com be liable in any way for any content,
including, but not limited to, for any errors or omissions in
any information, or for any loss or damage of any kind incurred
as a result of the use of any information posted, emailed,
transmitted or otherwise made available via the Service. The
Site may contain robot exclusion headers. You acknowledge that
you may not rely on MLS Content created or provided by
PanamericanMLS.com.
5. Third
Party Content, Product and Services
This Site
may contain content that is owned or licensed by a third party.
We are not responsible for, and do not warrant or guarantee the
completeness, accuracy or reliability of such third party
content. The existence of third party content on this Site is
not and should not be construed as our endorsement, approval or
sponsorship of the third party or its content unless expressly
indicated. You may be subject to additional terms and conditions
that may apply when you use the products and/or services of a
third party. We are not responsible for any loss or damage of
any sort sustained as the result of any dealings between you and
a third party or as the inclusion or presence of such third
party on the Site
6. Links
This Site
may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because PanamericanMLS.com has no
control over such sites and resources, you acknowledge and agree
that PanamericanMLS.com is not responsible for the availability
of such external sites or resources, and does not endorse and is
not responsible or liable for any content on or available from
such sites or resources. You further acknowledge and agree that
PanamericanMLS.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content available on or through any such site or resource.
7.
Indemnity
You agree to
indemnify and hold PanamericanMLS.com and its subsidiaries,
affiliates, officers, agents, directors, employees, co-branders
or other partners and vendors harmless from any claim, action or
demand, loss, costs and expense, including reasonable attorneys'
fees, made by any third party due to or arising out of your use
of the Service, your connection to the Service or your violation
of any rights of another, or any negligent acts or errors or
omissions of you or your agents or contractors.
8. No
Resale of Service
You agree
not to modify, reproduce, duplicate, copy, sell, resell or
exploit the Service for any commercial purposes, use to create
derivative works from the Service or any portion thereof,
without our prior written consent. "Derivative Work" is a work
based upon one or more preexisting works, such as a translation,
musical arrangement, dramatization, fictionalization, motion
picture version, sound recording, art reproduction, abridgment,
condensation, or any other form in which a work may be recast,
transformed, or adapted. A work consisting of editorial
revisions, annotations, elaborations, or other modifications,
which, as a whole, represent an original work of authorship, is
a "derivative work".
9.
Modifications and Termination of Service
PanamericanMLS.com reserves the right, at its sole discretion,
at any time and from time to time, to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that PanamericanMLS.com shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10.
Ownership Of Content; Copyright and Trademarks
The Content
is protected by all applicable international, federal, state and
local laws, including but not limited to copyright and trademark
laws. Any unauthorized use of the Content is expressly
prohibited. All rights in the Content Compilation are expressly
reserved to PanamericanMLS.com
11.
Disclaimer of Warranties
YOU
UNDERSTAND AND EXPRESSLY AGREE THAT:
IS" AND "AS AVAILABLE" BASIS. PanamericanMLS.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
A. YOUR USE OF AND RELIANCE UPON THE SERVICE, THIS SITE
AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. PanamericanMLS.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
B.
PanamericanMLS.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE.
C.
YOU OBTAIN ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR
OWN DISCRETION AND RISK AND THAT 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.
D.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM PanamericanMLS.com OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE SERVICE TERMS &
CONDITIONS.
12.
Limitation of Liability. Remedies
YOU
UNDERSTAND AND EXPRESSLY AGREE THAT PanamericanMLS.com OR ITS
SUPPLIERS OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
PanamericanMLS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM: (i) THE USE,
RELIANCE, OR THE INABILITY TO USE THE SERVICE OR CONTENT; (ii)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (iii)
ANY ERROR OR OMISSION; OR (iv) ANY OTHER MATTER RELATING TO THE
SERVICE.
13.
Exclusions and Limitations
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14. Interruption of Service
The Site and
access to the content of the Site may from time-to-time be
unavailable to you, whether because of technical failures or
interruptions, intentional downtime for service or changes to
the Site, or otherwise. You agree that we shall have no
liability of any nature to you or any third party for any
modifications to the Site, and any interruption or
unavailability of access to the Site or its content.
15.
Notice
The Service
may provide notices of changes to the SERVICE TERMS & CONDITIONS
or other matters by displaying notices or links to notices
generally on the Service
16.
Trademark Information
PanamericanMLS.com, the PanamericanMLS.com logo, and other
PanamericanMLS.com logos, product and service names are
trademarks and service marks of PanamericanMLS.com (the
"PanamericanMLS.com Marks"). You agree not to display or use in
any manner, the PanamericanMLS.com Marks without
PanamericanMLS.com's prior permission.
17.
General Information
These
SERVICE TERMS & CONDITIONS govern your use of the Service. You
also may be subject to additional terms and conditions that may
apply when you use other PanamericanMLS.com services, affiliate
services, third-party content or third-party software
The SERVICE
TERMS & CONDITIONS and the relationship between you and
PanamericanMLS.com shall be governed by the laws of the Rep de
Panama without regard to its conflict of law provisions. You and
PanamericanMLS.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the country of Rep de
Panama.
The failure
of PanamericanMLS.com to exercise or enforce any right or
provision of the SERVICE TERMS & CONDITIONS shall not constitute
a waiver of such right or provision. If any provision of the
SERVICE TERMS & CONDITIONS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the SERVICE TERMS & CONDITIONS remain in full
force and effect
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
Service or the SERVICE TERMS & CONDITIONS must be filed within
one (1) year after such claim or cause of action arose or be
forever barred.
The section
titles in the SERVICE TERMS & CONDITIONS are for convenience
only and have no legal or contractual effect.
We reserve
all rights not expressly granted or addressed herein
Procedure for Notice of Copyright
Infringement Pursuant to the Digital Millennium Copyright Act,
17 U.S.C. 512. If you wish to notify us of Content or postings
on this Site that may result in copyright infringement pursuant
to the Digital Millennium Copyright Act, 17 U.S.C. 512, please
mail your notification to:
PanamericanMLS.com Legal,
Pan American
MLS, SA
P0 Box 0832-2350 WTC
Panama, Rep of Panama
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