TERMS AND CONDITIONS OF USE
Last update of the current version: May 10, 2021
Welcome to remaxrd.com, which provides the products and services on our Website when you visit it from any device and/or internet browser.
This Terms of Use Agreement describes the general Terms and Conditions applicable to any Magic Magnum Ventures, SRL, d/b/a RE/MAX® Dominican Republic("RE/MAX RD.com" or "RE/MAX RD")Website This document and the other documents referred to below, including the Privacy Policy, constitute our general terms and conditions.
1. Acceptance of the terms and conditions
2. About Users
2.1 Users
2.2 Registered Users
3. About transactions
4. Warranties and limitations of liability
5. Suspension
6. Privacy
7. Contents and use of information
8. Disputes between users
9.Acceptance of Terms and Conditions
By accessing or using the Web Site ("the Site") the User accepts the Terms and Conditions with a legally binding Agreement, including software applications, resources and services, as well as any updates, modifications or additions, from any device, fixed or mobile and from any browser If you do not agree to the Terms and Conditions you should not accept them or use the Site.
The User agrees and understands that RE/MAX DR may make changes to these Terms and Conditions at any time and that such changes will become effective as soon as they are posted on the Site and the User will be bound by them.This Agreement may only be modified by an authorized employee of RE/MAX RD.
2. About Users
For the purposes of this Agreement, a "User" is any person who accesses the Site for any purpose, including those who use this Site on behalf of and under the authority of a legal entity It is the natural or legal person who uses the Site to search for properties, pay rents with credit cards, apply for mortgage loans, initiate the process of purchasing franchises or entering as a real estate agent to the RE/MAX brand and for any purpose or means of marketing permitted by laws and regulations. The User is anyone who accesses the Site, regardless of whether he/she has opened an account or not, and therefore, the use, reading or exploration of the content of the page made by him/her, shall be made in strict compliance with these Terms and Conditions as well as all the policies related to RE/MAX RD and which are added for reference purposes.
The User acknowledges and declares that he/she has read, understood and accepted the rules and duties indicated in the Site. The entry to the Site is the conclusive evidence that the user has understood and accepted without reservations of any kind, all the Terms and Conditions set forth herein; further understands that the platform has no obligation or duty beyond the one indicated in these terms and therefore, no imputation of the user as a duty attributable to the Site is valid or shall have any effect. If the terms of use and service contracted directly with RE/MAX RD differ from these Terms and Conditions in any respect, those contracted directly shall prevail.
The entry to the Web Site, the opening of an account, its maintenance or the maintenance of the content of the publication made by the user on the platform, is equivalent to pure and simple acceptance of these Terms and Conditions, as well as its future modifications that may be adopted and published in this portal. The User agrees to verify all updates made to the Site, which will be indicated in the "Terms and Conditions" section, which will have at the top, the date of the latest version. Each version replaces the previous one in all that is contrary to it.
2.1 Users
The User acknowledges that he/she is of legal age according to the legislation of his/her country of origin and that such age is equal to or greater than 18 years He/she also acknowledges that he/she is of sound mind and that he/she has not been coerced in any way to access and accept the conditions and terms required to enter the platform. If the User is a legal entity, then whoever requests the services acknowledges and declares that he/she has the legal authority to represent such company. In the event that the consent is invalid for violating what is contained herein or the rules that regulate it, the User acknowledges that his act is void and therefore does not generate effect of any nature against the platform or RE/MAX RD; therefore it is considered a fact for which only the subscriber is responsible and declares himself solely responsible for what is derived from his improper action. If you do not have the legal authority you must not accept this Agreement and you are not entitled to use the Site.
Users acknowledge and declare that they own the rights to the goods or services they offer or publish and that they have legal authority to settle or dispose of this, as provided by law.
The User declares that he/she will use this Site only for lawful commercial purposes or those described in the Terms and Conditions, never for illegal or unauthorized purposes, respecting the current Internet regulations on good practices and contents, being the User the only responsible for his/her actions on the Site and for the content he/she publishes, sends or makes reference to, digitally or physically, on the Site.
The User agrees that he/she shall not, at any time or under any circumstances, suggest that he/she is in any way associated with RE/MAX RD or falsely represent RE/MAX RD as a member of the company. The User agrees not to generate or transmit harmful digital code such as viruses and worms.
The User agrees that RE/MAX RD reserves the right to provide services, use and access to the Website, edit content or close accounts at any time it deems appropriate and without notice.
RE/MAX RD does not commit itself beyond the obligations contained in this Agreement and the scope of its services are made in the precise context of these terms. Each User acknowledges that RE/MAX RD is not liable to the User or third parties for the inability to use the Site, in whole or in part, for technical reasons or errors in the functionalities. In addition, the User acknowledges that RE/MAX RD shall not be liable for any unfavorable result that the use of the Site may generate in his person or legal entity he represents when using the platform.
It is the general disposition of the Users that their actions are made with a legitimate purpose, without the slightest intention to cause any harm or damage; nor to take disproportionate or illegitimate advantages.
The User accepts that as a User he/she will not take any action to damage or harm the good computer performance of the Website, including unauthorized access to its architecture, functionalities, servers or that of other Users of the Website, as well as to infiltrate any computer virus or malware to the detriment of the software, hardware or data of the Website.
2.2 Registered Users
Each User who has completed and submitted an online registration form on the Site is a registered User of the Site (a "Registered User"), except where signature of an Agreement is required outside of the Site An account ("Account") will be established for each Registered User and each Registered User will be assigned a password ("Password") for login access to his or her own Account.
Users must complete the registration form in all its fields with valid and real data in order to use the services provided by the Site. The Site is not responsible for the accuracy or precision of the User's personal data.
The User declares and warrants to RE/MAX RD that the information provided by the User both in its account and in its offers and requests for information is real and accurate.
Users are solely responsible for the information they provide when registering their accounts. They accept that the Site will deliver IP information or any online security trace to any competent authority, in order to detect its misuse.
The Site has the right to require from some Users, as appropriate or as necessary, additional information to verify their identity or to confirm the data entered. In the event that a User does not cooperate with the request for additional information or verification of data, the account will be suspended or terminated, as appropriate.
The registered User shall be responsible for all uses and content of all messages communicated through his/her e-mail account, as well as for the consequences of such messages.
The User will create a personal account by entering his/her e-mail address and a security access password of his/her choice. The User agrees that he/she is solely responsible for maintaining the secrecy and security of his/her password, and therefore undertakes to keep it confidential.
The account opened by the User is individual and is not transferable and may not be sold or transferred, including the password, in which case RE/MAX RD may suspend or cancel the account.
It is strictly forbidden for the same User to register more than one account. Violation of this rule will result in automatic cancellation of the account without notice. If the User has different e-mail addresses, he/she must use only one e-mail address for the Site.
The User shall be responsible for all operations carried out on his/her account, as only the User has access to his/her account with his/her username and access code. The User has the right to notify the Site of any unauthorized access to his/her account, as well as to change the password or recover the password when he/she deems it necessary, using the instructions that will be indicated in such eventuality.
A Registered User agrees that RE/MAX RD will register its data in the Database and authorizes the Site to share them with other Users or to make reference to the User in the Site, any commercial or marketing activity carried out by RE/MAX RD.
RE/MAX RD may deny the creation of an account to a User.
By accepting these Terms and Conditions, the User warrants that it will not use your account to infringe, affect or violate copyright or industrial property. You will use your account in good faith and in compliance with applicable consumer or commercial regulations, as well as with the care and duty of a good parent or prudent person. The User discharges and declares RE/MAX RD.com free and harmless from obligations, liabilities and claims arising from the misuse or mismanagement of your account, or from the violation of these terms or conditions or negligence of the User, whether by action or omission.The User acknowledges and agrees that he/she will not use his/her account for moral or commercial attack against RE/MAX RD or to support or benefit any direct competitor of RE/MAX RD.com.
the User agrees that he/she will comply with the agreements signed with RE/MAX RD, including payment for the services of the Site, and that he/she will not make transactions with other Users to the detriment of the economic interests of RE/MAX RD.com.
3. About the transactions
RE/MAX RD is a simple facility for the public to exchange information about offers and prices of goods and services made exclusively and attributively by the users through their accounts, whether real estate agents, tenants, landlords or any other type RE/MAX RD has no participation of any kind in the process of exchange of information or transactions between users of the platform, the general public, or negotiation or creation of contracts or business with any of them. Each User is solely responsible for the fulfillment of their formal duties as taxpayers or compliance with all rules or laws governing their business, civil or commercial activity (whether habitual, isolated or professional).
The User declares, undertakes and undertakes to use the platform only for the publication, advertising, offer or information on goods and services that are permitted by law, regulations, morality and good customs. Any contrary practice is your sole responsibility, discharges the platform of any eventuality in this regard and will also be a cause for immediate cancellation of the account, without prejudice to the complaints that the platform may make to the competent authorities.
RE/MAX RD does not represent under any circumstances any of the Users, real estate agents, tenants, owners, Suppliers or Others, in the relationships, transactions or agreements made between them within or outside the Website. Likewise:
- RE/MAX RD does not guarantee the identity of each User.
- RE/MAX RD is not responsible for the quality and veracity of the products and services offered or requested, nor for the payment arrangements or delivery times agreed by users within the Site.
- RE/MAX RD is not responsible for any consequences that may occur as a result of transactions or exchanges of information between Users, including, among others, legal costs due to litigation, indemnifications, moral or physical damage, illegitimate or fraudulent actions or damages to third parties.
Warranties and Limitations of Liability
USERS ACKNOWLEDGE THAT THE WEBSITE IS ONLY MADE AVAILABLE TO YOU WHICH ALLOWS YOU TO COMMUNICATE WITH OTHERS TO EXPLORE A WAY OF MARKETING PRODUCTS OR SERVICES
THE SITE IS NOT THE OWNER OR HOLDER OF WHAT IS OFFERED ON THE SITE, NOR DOES IT INTERVENE IN ANY WAY IN ANY TRANSACTIONS THAT MAY BE CARRIED OUT BETWEEN USERS. THE SITE DOES NOT PARTICIPATE OR RESPOND FOR THE EXISTENCE, QUALITY, QUANTITY, STATE, INTEGRITY OR LEGITIMACY OF THE GOODS OR SERVICES OFFERED, ACQUIRED OR SOLD BY THE USERS, AS WELL AS FOR THE CAPACITY TO CONTRACT OF THE USERS OR FOR THE VERACITY OF THE PERSONAL DATA ENTERED BY THEM. EACH USER KNOWS AND AGREES TO BE SOLELY RESPONSIBLE FOR THE CONTACTS MADE FOR COMMERCIAL PURPOSES, PURCHASE, SALE, RENTAL OF REAL ESTATE, THE SERVICES PAID THROUGH THE PLATFORM AND THE CREDIT APPLICATIONS MADE.
IN THIS SENSE, IT SHALL NOT BE RESPONSIBLE FOR THE EFFECTIVE FULFILLMENT OF THE OBLIGATIONS ASSUMED BY THE USERS. EACH USER ASSUMES THE RISK OF ANY TRANSACTION MADE THROUGH THE SITE, FOR ANY REASON WHATSOEVER.
THE RELATIONS BETWEEN THE USERS ONLY CONCERN THEM AND ONLY BETWEEN THEM CLAIMS CAN BE FORMULATED. THE PLATFORM SHALL REMAIN FREE AND HARMLESS FOR SUCH EVENTUALITIES.
The User grants and concedes in favor of RE/MAX RD, an irrevocable, perpetual, worldwide and royalty-free license, so that it is perfectly entitled in law and equity to disclose to the general public, directly or using information disclosure services, all the information that has been provided by the User in connection with the purposes of the Site services.
The User represents and warrants to the fullest extent possible, that it owns by right, license or permitted use, all third party or related copyrights, trademarks, trade secrets or patent licenses and permissions, or any other licenses or permissions that may be required in connection with any other copyright or industrial property rights, pursuant to the offerings of goods or services it uploads to the Site.
Users warrant to the Site and to other Users, known or unknown, as well as to the general public, that they have the right to offer and publish the offers contained in their accounts, within the scope expressed therein and without reservations of any kind, unless expressly indicated on the Site, in a clear and visible manner for all Users.
No information provided by Users shall be made to prejudice any right of another User, of the Site and of third parties. Users have a general duty of good faith, to use the service in the most pristine way possible, taking care of the information as a good parent or reasonable and cautious person. Any activity considered to be personal or professional misconduct, under any jurisdiction that is internationally regarded as a state governed by the rule of law, will be prohibited conduct for Users.
The Site assumes no responsibility for its use and disclaims any obligation or liability that may result from errors or omissions, natural failures, acts of God or beyond its control, for the content or information provided by Users, including, but not limited to, technical inaccuracies and typographical errors, references to other sites or e-mails, and hyperlinks; the unavailability of access to the Site, to any portion thereof, caused by necessary maintenance work or actions of third parties, or the use of any equipment or software outside the platform; as well as other events related or correlative to those indicated herein.
RE/MAX RD DOES NOT GUARANTEE THE CONTINUOUS OPERATION OF THE SITE OR ACCESS TO ITS SERVICES AND FUNCTIONALITIES.
The Site shall not be liable for any loss of business and loss of profits, information, cessation of activities or loss of economic benefits or opportunity costs.
The Site does not intervene in the relationship between its Users, therefore, as there are no links between them and the Site, they agree to keep it free and harmless from any claim arising from the use of the platform between Users, in the broadest possible way that is considered in law.
The Site reserves the right to change words of the content due to typographical errors, if detected, since their correction is the obligation of the user. It may also remove data or images that are notoriously irrelevant to the content of the publication or remove content that is unacceptable under these terms, laws or regulations, as well as ethics, morals or good customs.
Suspension
The Site may cancel, limit or suspend the account of a User for violation of one or any of the rules of these terms and conditions, as well as for violation of laws, regulations, good uses and customs, rules of morality or ethics without the right to compensation or refund of payments for services to the Site RE/MAX RD reserves the right to publish or promulgate the reasons for cancellation, limitation or suspension of the account of any User.
Privacy
The User acknowledges that the information provided to the Site is not sensitive and therefore freely accessible Any information disclosed to the Site is an authorization of disclosure of such information and a disclaimer by the User to the Site for such use.
The User shall not disclose sensitive data protected by law. If he/she does so, he/she exposes him/herself by his/her negligence to the risk that such data may be discovered or disclosed by third parties, and the Site shall not be held liable for any such disclosure.
The access policy,cookies or IP data, location and similar, will be treated in accordance with generally accepted uses and customs of the Internet
The Site's Privacy Policy is an integral part of this Agreement.
7. Content and use of information
The User is solely responsible for ensuring and attesting that the content placed, published or referred to by links on the Site does not violate the law, laws or regulations, as well as third party rights The Site is not responsible for any illegality or violation of laws or rights due to content, account management or postings made by Users, who are the sole masters, guardians and managers of their content. The platform, although it has no duty to audit the information, will remove any information or publication that is contrary to the law, uses and good customs, at its discretion and at its own discretion.
The User agrees that it will not copy contents or databases of the Site, by any method neither physical nor digital, nor share them with any physical or legal person outside those authorized in these Terms and Conditions or its Users, including direct or indirect competitors of RE/MAX RD.com.
The use of information or content on the Site is strictly prohibited for purposes other than those of RE/MAX RD.com and contained in these Terms and Conditions.
The User agrees to indemnify and hold RE/MAX RD.com harmless from all claims arising from the Content you post and that RE/MAX RD.com does not control and is not responsible for the Content of its Users.
The User acknowledges that RE/MAX RD.com is not responsible for the accuracy or legality of any third party content, or any activity that its Users perform on the Site.
8. Disputes between users
In the event of a dispute with one or more Users, Users release the Site (and our affiliates and subsidiaries, as well as our shareholders and their officers, directors, agents, subsidiaries, associates and employees) from liability for any claim, demand or actual or consequential damages of any kind or nature, known or unknown, which may arise as a result of such dispute or is related to it in any
9. Dispute Resolution
These Terms and Conditions and the Site Services are governed by the laws of the Dominican Republic For all purposes and consequences of this Agreement, Users agree and understand that they will submit to the jurisdiction of the ordinary courts of the National District, Dominican Republic. The resolution of conflicts and controversies relating to these Terms and Conditions shall be arbitrated by the courts of the Dominican Republic, being governed and interpreted by the Common Law and the laws of the Dominican Republic.
Indemnification
Users acknowledge that the platform has its basis and raison d'être in its reputation, good image as well as the full compliance with its terms and conditions, respect for the law and regulations, morals and good customs In this sense, Users agree not to engage in conduct or acts that tend to undermine its image and good reputation, which will be considered a serious offense that activates its obligation to compensate the full damage that is caused.
Intellectual Property
The Site, the Services, the Programming Code and the Content of RE/MAX RD.com are property of RE/MAX RD and are operated by RE/MAX RD, including its logo, texts, images, videos and digital resources, design, commercial name and all the elements within the Web Site, which are protected by the copyright laws in Dominican Republic and by international treaties, trademark and product rights and other intellectual property laws The copy or modification of any of them is totally prohibited. The User is responsible for the use of any resource of the Site does not violate the property rights of third parties. All rights, present and future, not claimed in these Terms and Conditions by RE/MAX RD are reserved.
12. Other general
The relationships between RE/MAX RD and the User are those that derive from its object, and may not be considered as constituting a trade or business association, partnership, employee-employer, franchisor-franchisee, agency relationship or joint venture between them and are limited to the Terms and Conditions
This Agreement, or any part of it, may not be transferred, conveyed, assigned or delegated by the User to any other natural or legal person without the prior written consent of RE/MAX RD. RE/MAX RD shall have the right to transfer this Agreement or any part of it, including its rights and obligations to any natural or legal person including RE/MAX RD affiliated companies, as well as to any State entity or governmental authority that so requires.