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TERMS AND CONDITIONS
This page states the Terms and
Conditions under which you may use this website ("Website"). Please read this
page carefully. If you do not accept the Terms and Conditions stated here, do
not use the Website. By visiting the Website you are acknowledging that you have
read, understood and agreed to comply with these set terms. PinoyHouston.com may
revise these Terms and Conditions at any time by updating this posting. You
should visit this page periodically to review the Terms and Conditions, because
they are binding to you.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the material on
this Website solely for your personal, noncommercial use. Special rules may
apply to the use of certain items provided on the Website. Any such special
rules are listed as Legal Notices on this Website and are incorporated into this
Agreement by reference.
The contents of this Website, such as text, graphics, images and other material
("Material") are protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright, trademark and
other laws. You must retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material. You may
not sell or modify the Material or reproduce, display, publicly perform,
distribute or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material on any other website or in a networked computer
environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material.
Section 2. Company's Liability.
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 Website and
the Material. The use the Website and the Material is at your own risk. Changes
are periodically made to the Website and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE WEBSITE 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 THIRD PARTIES' 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.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Website is considered to be
non-confidential. If particular web pages permit the submission of
communications which the Company will treat as confidential, that fact will be
stated in Legal Notices on those pages. By posting communications to the
Website, you automatically grant the Company a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform and display the communication alone or as part of
other works in any form, media or technology, whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of sub
licensees.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things:
post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful or embarrassing to another
User or any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of any of 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.
The Company does not screen communications in advance and is not responsible for
screening or monitoring material posted by Users. If notified by a User of
communications which allegedly do not conform to this Agreement, the Company may
investigate the allegation and determine in good faith and 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 nonperformance of
such activities. The Company reserves the right to expel Users and prevent their
further access to the Website for violating this Agreement or the law and the
right to remove communications which are abusive, illegal or disruptive.
Section 5. Links to and From Other Sites.
The Company does not have responsibility and shall not be liable for the
accuracy or availability of information provided by websites which are linked to
this Website via hypertext or other computer "Links". The Website contains links
to third party websites. These links are provided solely as a convenience to you
and not as an endorsement by the Company of the contents on such third-party
websites. 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 websites. If you decide to access linked
third-party websites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Website
("Software") is protected by copyright and may be protected by other rights. The
use of such software is governed by the terms of the software license agreement
or designated Legal Notice accompanying such software ("License Agreement"). The
downloading and use of such software is conditioned on your agreement to be
bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the
aggregate liability for Company to you for all claims arising from the use of
the Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including, without limitation, reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including Software) or your
breach of the terms of this Agreement. The Company shall provide notice to you
promptly of any such claim, suit, or proceeding and shall assist you, at your
expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Materials
(including Software) to countries or persons prohibited under the export control
laws. By downloading the Materials (including Software), you are agreeing that
you are not in a country where such export is prohibited or are a person or
entity to which such export is prohibited. You are responsible for compliance
with the laws of your local jurisdiction regarding the import, export, or
re-export of the Product.
Section 10. General.
The Company makes no claims the Materials are appropriate or may be downloaded
outside of the United States. Access to the Materials (including Software) may
not be legal by certain persons or in certain countries. If you access the
Website from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. This Agreement is
governed by the internal substantive laws of the State of Florida, without
respect to its conflict of laws principles. 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. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in a
particular Legal Notice or Software License or material on particular web pages,
this Agreement constitutes the entire Agreement between you and the Company with
respect to the use of Web site. Any changes to this Agreement must be made in
writing, signed by an authorized representative of the Company.
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