Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing this Website.

Effective Date: This Terms of Use Agreement was last updated on August 16, 2007.

This Terms of Use Agreement sets forth the standards of use of the MGM Realty Online Service. By using the MGM Realty / mgmrealtybarbados.com website you (the “Website visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at MGM Realty / mgmrealtybarbados.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

MGM Realty is providing Website visitor with Barbados and Caribbean Real Estate Sales and Rentals information. Website visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Website visitor’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by MGM Realty on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MGM Realty makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MGM Realty shall have no liability for any interruptions in the use of this Website. MGM Realty disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

MGM Realty SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MGM REALTY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MGM REALTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Website visitor agrees to indemnify and hold MGM Realty, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Website visitor’s use of the Service, the violation of this Agreement, or infringement by Website visitor, or other user of the Service using Website visitor’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

MGM Realty reserves the right to modify or discontinue the Service with or without notice to the Website visitor. MGM Realty shall not be liable to Website visitor or any third party should MGM Realty exercise its right to modify or discontinue the Service. Website visitor acknowledges and accepts that MGM Realty does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Website visitors to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MGM Realty makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

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MGM Realty makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Compliance with Laws.

Website visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Website visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Website visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 MGMRealtyBarbados.com, with all rights reserved, or is the property of MGM Realty and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MGM Realty is strictly prohibited. Website visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MGM Realty.

MGMRealtyBarbados.com is owned by MGM Realty. MGM Realty’s name or URL may not be used in connection with any product or service that is not provided by MGM Realty, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MGM Realty.

All other trademarks displayed on MGM Realty’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MGM Realty.

10. Botnets

MGM Realty retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MGM Realty reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

11. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MGM Realty, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Website visitor. Website visitor agrees that by accepting this Terms of Use Agreement, Website visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.