TERMS OF USE Updated May 28, 2005

YOU MUST READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS BEFORE USING THIS SITE.  BY USING THIS SITE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ITS TERMS, AND YOU ARE ENTERING INTO AN AGREEMENT WHEREBY YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS SET FORTH BELOW.  This Site is operated by TCIrealestate and TCIrealestate.com (“TCIrealestate").  TCIrealestate reserves the right at any time to modify these Terms, and your continued use of this Site is conditioned upon the Terms in effect at the time you use the Site.

1. OWNERSHIP OF INTELLECTUAL PROPERTY

TCIrealestate and its affiliates ("Affiliates") own the intellectual property rights, including the copyrights and trademark rights, in and to the materials on the Site.  You may not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the information or materials found on the Site, except that You may print portions of this Site solely for your personal, non-commercial use of such material as a shopping resource. The trademarks, logos and service marks displayed on the Site, including TCIrealestate and TCIrealestate.com, (the "Marks") are owned by TCIrealestate and its Affiliates. You may not use any of the Marks, including use as a hotlink, without the prior written consent of TCIrealestate. 

2. USE OF SITE

You must be at least 18 years of age and have the legal ability to enter into binding contracts to use the Site. 

You agree not to use any device, software or routine that interferes or attempts to interfere with the normal operation of the Site or take any action that imposes an unreasonable load on our computer equipment. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.  You agree not to use the Site for any commercial purposes, including but not limited to, use in connection with or for the benefit of a real estate business.  You agree that any such use constitutes unfair competition and may cause irreparable injury. 

3.  APPLICABLE LAW

The laws of the Turks and Caicos Islands, without regard to the principles of conflicts of laws, will govern this Agreement and any dispute of any kind that arises out of your use of this Site, between You and TCIrealestate. You agree that any such dispute shall be subject to binding arbitration under the commercial rules of the Turks and Caicos Islands. The arbitration shall be conducted in Providenciales, Turks and Caicos Islands, BWI before neutral arbitrators.  If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect.

 

4.  PRIVACY

Your use of the Site is subject to our Privacy Policy. Click on the link to read the Privacy Policy.  By using the Site, you are indicating that you have read and accept the information practices in our Privacy Policy.  TCIrealestate uses the personal information.  TCIrealestate reserves the right to comply with law enforcement requests or requirements, including requests for your personal information, relating to your use of the Site. 

 

5.  LINKS TO THIRD-PARTY SITES

This Site may contain links to other sites that TCIrealestate does not operate or control. TCIrealestate provides such links for your reference and convenience and is not responsible for the content of these other sites. TCIrealestate does not endorse the content any third party sites.  These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any site, including any site controlled by You, to our Site.

 

6.  GENERAL

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms.  If TCIrealestate fails to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.

7.  ELECTRONIC COMMUNICATION

You communicate with TCIrealestate electronically whenever you visit TCIrealestate.com or send emails to us.  You consent to receive communications from TCIrealestate electronically and by fax.  You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future TCIrealestate programs. Also, please remember that You are responsible for whatever material You submit, and that You, and not TCIrealestate, have full responsibility for any message that You send, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of TCIrealestate.

By sending us a message, you agree to have it along with your name posted for public viewing both here and in other TCIrealestate promotional and advertising materials without compensation.

 

8.  USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of TCIrealestate and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and city and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

 

9. WARRANTY DISCLAIMER

TCIrealestate MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED THEREON, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.  TCIrealestate EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THE SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.


TCIrealestate IS NOT RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR USE OF THE SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY AFFILIATE, EVEN IF WE HAVE BEEN OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.