These Terms of Use constitute a legally binding agreement between you personally or on behalf of an entity (“you”) and Roca Estate (“Company”, “we”, “us” or “our”) regarding your access to and use of the https://rocaestate.com website and any other media form, media channel, mobile website or mobile application linked to or otherwise relating to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understand, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST STOP USING IT IMMEDIATELY
Additional terms or documents that may be posted on the Site from time to time are incorporated herein by reference or insertion. We reserve the right, in our sole discretion, to change or modify these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive the right to receive specific notice of each such change. It is your responsibility to review these Terms of Use periodically to stay current with updates. You will be deemed to have read and accepted changes to any revised Terms of Use by continuing to use the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements in such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for complying with local laws, if and to the extent applicable.
The Site is intended for users over the age of 18. Individuals under the age of 18 are not permitted to use or register with the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our property, and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (collectively the “Content”) and the trademarks, services and logos contained therein (“Marks”) are owned or controlled by us or licensed to us and protected by copyright and trademark laws and various other EU intellectual property rights and unfair competition laws, foreign Content and Marks are provided on the AS IS Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Content or Marks may be copied, reproduced, aggregated, republished, downloaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise used for any commercial purpose without our express prior written permission.
Provided that you have the right to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly accessed, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you with respect to the Site, Content, and Marks.
USER STATEMENTS
By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to abide by these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for illegal or unauthorized purposes; and (5) your use of the Site will not violate any applicable laws or regulations.
If you provide any information that is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than those for which we make the Site available. The Site may not be used for any commercial purposes other than those specifically approved or endorsed by us.
As a user of the Site, you agree not to:
- Systematically extract data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Misuse our support services or send false reports of abuse or misconduct.
- Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of the Site to you.
- Engage in unauthorized access to the Site and any activity designed to harm and/or make the Site work.
CONTRIBUTIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Materials”) provided by you to us are not confidential and become “our exclusive property.” We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of the Materials for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Materials and warrant that any such Materials are original to you or that you have the right to dispose of such Materials. You agree that no remedy will be available to us in the event of any alleged or actual infringement or misappropriation of any proprietary rights in your Material.
DISCLAIMER OF LIABILITY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, USE, AND WARRANTY. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE SITE OR THE CONTENTS OF ANY SITES LINKED TO THE SITE, AND WE DISCLAIM ANY LIABILITY FOR ANY (1) ERRORS, OMISSIONS, MISPRINTS, MATERIAL, OR INACTIVITY (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED ON THE SITE, (4) ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE WE DO NOT GUARANTEE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE SITE OR APP DESIGNED IN ANY BANNER OR OTHER ADVERTISING MATERIAL, AND WE WILL NOT BE A PARTY OR EVER BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSSES, LOST PROFITS, OR OTHER DAMAGES, RESULTING FROM YOUR USE OF THE SITE. OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION, REGARDLESS OF FORM, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID BY YOU WITHIN THE LAST THREE (3) CALENDAR MONTHS.
MODIFICATIONS AND INTERRUPTIONS.
We reserve the right to change, modify or remove content from the Site at any time or for any reason at our sole discretion, without notice. However, we are under no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site at any time without notice. We will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Site.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems, or we may require maintenance related to the Site, which could result in interruptions, delays, or errors. We reserve the right to change, correct, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice. You agree that we will not be liable in any way for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed as requiring us to maintain the Site or provide any patches, updates, or releases in connection therewith.
APPLICABLE LAW
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of Portugal applicable to agreements entered into, which shall be fully enforceable in Portugal.
INDEMNIFICATION
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to: (1) your use of the Site; (2) your violation of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of third party rights, including but not limited to intellectual property rights; or (5) any manifestly harmful action against any other site user you contacted through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you owe us damages, and you agree to cooperate at your expense in our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding to which this indemnification applies after we become aware of it.
USER DATA
We will retain certain data that you submit to the Site in order to manage its operation, as well as data relating to your use of the Site. Although we regularly back up your data, you are solely responsible for all data you transmit or related to any actions you take using the Site. You agree that we will not be liable to you for any loss or damage to any such data, and you hereby waive any right to sue us arising from such loss or damage to such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, and on the Site satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS COMMENCED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or claims under any laws, regulations, rules, or other laws in any jurisdiction that require original signatures or the delivery or retention of non-electronic records or payments by any means other than electronic.
OTHER PROVISIONS
All conversations and personal information between customers and the Company are confidential.
The Company does not share mailing lists or any other customer information with anyone.
The customer also agrees to keep confidential the Company’s methods.
Any written materials, including written materials in electronic format, including but not limited to handouts, questionnaires, e-books, etc., are the copyrighted property of the Company. Title, ownership rights, and intellectual property rights in copyrighted materials remain the property of the Company.
Such materials are protected by EU copyright laws and international copyright treaties. You may not reproduce or transmit any written materials you receive without written permission from the Company.
