AGREEMENT TO TERM
These Terms and Conditions establish a legally binding agreement made between you, whether personally or in the name of an entity, and APT MANAGEMENT, LDA, hereinafter referred to as Across Portugal, regarding your access to and use of the www.acrossportugal.com website as well as any other media form, media channel, or mobile website.
You acknowledge that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with these Terms and Conditions, then you are expressly forbidden from using the website and you must suspend use instantly.
Complemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We retain the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any moment and for any reason.
We will update the date of these Terms and Conditions, and you hand over any right to receive specific notice of each such change.
You must regularly review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the adjustments in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
The data provided on the website is not predetermined 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 requirement within such jurisdiction or country.
Subsequently, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside must have the authorization of, and be directly supervised by, their parents or guardian to use the website. If you are a minor, you must have your parents or guardian read and agreed to these Terms and Conditions before using the website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise determined, the website is our property and all databases, functionalities, software, website designs, and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us and are covered by copyright and trademark laws.
As expressly mentioned in these Terms and Conditions, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the website, you represent and warrant that:
- All registered information you present will be true, precise, updated, and complete;
- You will keep the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Terms and Conditions;
- Not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the website;
- You will not operate the website through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the website for any illegal or unauthorized purpose;
- Your use of the website will not violate any applicable law or regulation.
If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your file and refuse any present or future use of the website.
You may not operate or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial aim except those that are specifically mentioned or approved by us.
As a user of the website, you agree not to:
- Systematically recapture information or other content from the website to conceive or gather, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Use the website to announce or offer to sell goods and services;
- Bypass, disable or otherwise interfere with security-related features of the website, including features that block or restrict the use or copying of any Content;
- Engage in unauthorized framing of or linking to the website;
- Make improper use of our support services or submit false reports of necessary assistance;
- Engage in any automated use of the system, such as using scripts to send inquiries or emails, or using any data mining, robots, or similar data gathering and extraction tools;
- Attempt to impersonate another person;
- Use any information obtained from the website to harass, abuse, or harm another person;
- Use the website as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise;
- Attempt to bypass any measures of the website designed to prevent or restrict access to any portion of the Site;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- Delete the copyright or other proprietary rights notice from any Content;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
We reserve the right, but not the obligation, to:
- Monitor the website for violations of these Terms and Conditions;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- Otherwise, manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
You acknowledge and agree that any questions, comments, suggestions, ideas, inquiries, feedback, or other information regarding the website provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions.
We will maintain certain data that you transmit to the website to manage the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
THIRD-PARTY WEBSITES AND CONTENT
The website may contain (or you may be sent via the website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, videos, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not analyzed, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.
We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.
There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the website, satisfy any legal requirement that such communication is in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties here to execute these Terms and Conditions.
Any legal action of whatever nature brought by either you or us shall be commenced or submitted to the courts of law in Lisboa, Portugal.
To accelerate the resolution of any dispute, controversy, or claim related to these Terms and Conditions brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute before initiating the arbitration.
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