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TERMS & CONDITIONS

INTRODUCTION

We are Caribbean Listing Service (“CLS”) a company incorporated in the Cayman Islands. These terms and conditions are deemed to include our privacy policy and are collectively known as the “Terms”.

These Terms govern your use of this website (www.caribbeanlistingservice.com). Your access to and use of this website are expressly conditioned on your compliance with these Terms. By accessing or using the website, you agree to be bound by these Terms, our privacy policy, and any other terms, guidelines or rules that are applicable to any portion that you may access, without limitation or qualification. If you disagree with these Terms or any part of these Terms, you are not authorized to access or use the Site.

We recommend that you print and keep a copy of these Terms; they are a legally binding agreement between you and us. We may change these Terms at our discretion by updating them on the Site. The then current version of these Terms will apply whenever you use this Site. Please check this page from time to time and take notice of any changes.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

READ THEM CAREFULLY AND DO NOT USE THIS WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THIS WEBSITE AND THE MATERIALS AND INFORMATION AVAILABLE ON THE SAME AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR USER GENERATED CONTENT.

This Website uses cookies. By using this website and agreeing to these Terms, you consent to CLS’ use of cookies in accordance with the terms of CLS' privacy policy.

The following terminology applies to these Terms, and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Cayman Islands Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

VERIFICATION

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. By accessing our Site you agree to the following:

 

Securing your username, password and online identity

 

 

Advising us immediately should you believe your password has been compromised or should you suspect any unauthorized
access to your account;

 

By entering this Site you accept all responsibility for your password and should you give someone your password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account.

Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner. We discourage you from giving anyone access your password for the site, or if you fail to safeguard this information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

 

PROPERTY LISTINGS

In no event will CLS, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “CLS Group”), or any third party provider of a service or tool offered on any site of a member of the CLS Group (each a “third party provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our site, (b) these terms, (c) any breach of these terms by you or a third party.

We reserve the right to decline to permit the posting on the Site or to remove from the Site, any user contributed content that fails to meet our guidelines posted on our Site or if it otherwise violates these Terms, each as determined in our discretion. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. You acknowledge and agree that any transmission to and from this site is not confidential and your communications or user contributed content may be read or intercepted by others.

CLS offers a listing service automatically upon purchase. CLS does not offer refunds for any listings that expire without use, or whereby a listing is partially used.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Unless otherwise stated, CLS and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

 

Republish material from this website (including republication on another website);

 

 

Sell, rent or sub-license material from the website;

 

 

Show any material from the website in public;

 

 

Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

 

 

Edit or otherwise modify any material on the website; or

 

 

Redistribute material from this website [except for content specifically and expressly made available for redistribution.]

 

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CLS’ express written consent.

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.

You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful.

ACCOUNT USAGE

When you create an account with CLS you agree not to sell, transfer or assign the account rights. You should make every effort to keep your information and account details secure at all times. Your account information is reserved for your use only.

We reserve the right to terminate your account immediately in circumstances where you have acted in a manner inconsistent with these Terms.

You should make every effort to keep your account active at all times. We reserve the right to close your account should there be a period of one year with no activity.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

DISCLAIMER OF WARRANTIES AND LIABILITY

This website is provided “as is” without any representations or warranties, express or implied. CLS makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, CLS does not warrant that:

 

This website will be constantly available, or available at all; or

 

 

The information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

CLS will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

To the extent that the website is provided free-of-charge, or where a purchase is made, for any direct loss;

 

 

Or any indirect, special or consequential loss; or

 

 

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation
or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if CLS has been expressly advised of the potential loss.

While we endeavor to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

The information provided on this Site is for general interest only and does not constitute specific advice.

We make no warranties or representations that the property information on this Site is correct, accurate or up-to-date.

We make no warranty or guarantee that the Site or information available over it complies with laws other than those of the Cayman Islands.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CLS’ liability in respect of any:

 

Death or personal injury caused by CLS’ negligence;

 

 

Fraud or fraudulent misrepresentation on the part of CLS; or

 

 

Matter which it would be illegal or unlawful for CLS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

INDEMNITY

You hereby indemnify CLS and undertake to keep CLS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CLS to a third party in settlement of a claim or dispute on the advice of CLS’ legal advisers) incurred or suffered by CLS arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

THIRD PARTY RIGHT

These Terms are for the benefit of CLS and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTION

The laws of the Cayman Islands govern these Terms. By accessing this website and using our services you consent to these Terms and to the exclusive jurisdiction of the Cayman Islands courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

ENTIRE AGREEMENT

Each of the provisions of these Terms is severable and distinct from the others and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provisions hereof shall not be in any way affected or impaired thereby.

INFORMATION COLLECTED

We retain access to all personal information that we have collected from you.

If you have consented on signup or the appropriate email form, we may provide any of the information we collect to carefully screened third parties to contact you regarding products or services that we think may be of interest to you. If you change your mind about being contacted by these third parties in the future, please email us at info@caribbeanlistingservice.com and tell us.

Like many websites, we use "cookies" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites.

Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.

BREACHES OF THESE TERMS

Without prejudice to CLS’ other rights under these terms, if you breach these Terms in any way, CLS may take such action as CLS deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

CLS may revise these Terms from time-to-time. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.

PAYMENTS AND DISPUTES

Payment for the use of this site will be made in advance by a valid credit card accepted by us. Fees are payable in U.S. dollars only. If the monthly payment option is selected or if you have previously provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly basis beginning at the end of any applicable free trial period and continuing until such time as you terminate your account.

As changes in interest rates are a reflection of world market conditions, interest rates are subject to change without prior notice.

If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you by email and your account may be disabled until payment is received.

Notwithstanding anything set forth herein to the contrary, all fees paid are non-refundable. Any results received from the mortgage calculator are designed for comparative purposes only, and accuracy is not guaranteed by CLS. CLS does not guarantee the accuracy of any information available on this site, and is not responsible for any errors, omissions, or misrepresentations.