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    Terms & Conditions

    1. Introduction

    MoveToSetúbal (“MoveToSetúbal”, “MoveToSetúbal.com”, “we” or “us”) is a directory of places, services and events focusing primarily upon the Setúbal District of Portugal and nearby cities and towns. We (including Kenneth J. Mitteldorf, a citizen of the United States of America and a resident of Portugal, and any persons and/or entities who may from time-to-time be associated to provide specific services) operate the MoveToSetúbal website at MoveToSetúbal.com (the “Site”) and all related websites, software, mobile apps, and other services that we now or hereafter provide (together, the “Service” or “Services”) with the dual goals of 1) encouraging English-speakers to visit or make their homes in and around the Setúbal District of Portugal and 2) encouraging businesses in and around the Setúbal District to provide appropriate services to their English-speaking customers so as to make their businesses attractive to such customers. We do this by offering a technology platform that we make available to our users so they can publish listings profiling their business or service, to promote events, or to advertise property available for rent, to search for a such listings, and to engage in discussions related to those listings. MoveToSetúbal is limited to facilitating contact between users offering goods, services, entertainment, or information and those who are looking for those offerings. MoveToSetúbal does not have any involvement in any transactions that may arise from such contact. We are only a simple intermediary, aiming to facilitate contact between people.

    Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and MoveToSetúbal to be bound by these Terms and Conditions.

    Before visiting, browsing or using the Site, you must read and accept the following terms and conditions. The use of the Service implicitly constitutes the user’s acceptance and compliance to these general conditions.

    We reserve the right to modify these general conditions of service at any time; so you should periodically check for any changes made to these conditions when accessing the Site. If, at any time, you decide not to accept the general conditions of service, you must immediately stop using the website. Any condition or clause that you may propose and that may represent an addition or contradiction of these general conditions of service will not be taken into account by us, and will have no validity between you and us.

    For the purposes contained in these general conditions, the status of User shall be acquired by any person using the Service, whether this should require previous registration or not.

    Generally speaking, user registration will not be necessary to access the Service. However, use of certain service functionalities may be subject to the user’s prior registration, and subsequently the reading and understanding of information pertaining to data protection will be necessary.

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

    THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), unless you live in the United Kingdom or the European Union, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 20 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.

    2. Eligibility

    The Service is designed for use by people who are at least 18 years old. If you are not yet 18, then you can’t use the Service. If you are 18 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.

    3. Accounts and Registration

    When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on the Service gives you access to special features around discovery and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at [email protected]úbal.com. You can also reset your password via the link found on our login screen and elsewhere on our Site.

    4. Limited License to Use the Service

    Conditioned on your continued compliance with these Terms, we grant you permission to access the Services only for your personal use and, if you are using the Service on behalf of a company, organization, or other kind of entity, we also grant you permission to access the Service with respect to information specifically related to that company, organization, or other entity.

    5. Copyright

    You acknowledge and agree that the entire Site, containing but not limited to, text, software, content (including its structure, selection, arrangement and presentation) photographs, audiovisual material and graphics (the “Service”) and all comments and ratings (individually and collectively) that are published by our users, is protected by trademark, copyright and other legitimate rights belong to MoveToSetúbal and/or others, registered in accordance with the international treaties to which Portugal is a party, and other proprietary rights and laws of Portugal.

    6. User Content

    YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.

    1. You Own Your Content. The Service lets you upload and post your photos, written text, images, web links, location information, comments, ratings, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
    2. Limited License to Us. You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You grant us the right to broadcast, in whole or in part, the content of your User Content and any advertisements uploaded to the Site in our advertising campaigns to promote the Site, in mobile applications, and also in other sites, such as social networks or blogs. You expressly authorize us to copy, distribute and transmit any and all photos that you insert into your listings, advertisements, comments or reviews for the purposes described herein, and to add watermarks or other indicia (at our discretion) to prevent republication by unauthorized third parties. You understand that we will not pay you for any use of your User Content and that your User Content will be made available to the public for their use without providing you attribution or compensation.
    3. Authority. When you upload User Content to the Service, in addition to the license that you grant us to post the User Content publicly, you also authorize (but do not obligate) us under your copyrights to enforce any violations of your copyrights deriving from the use or misuse of our site. In other words, if a MoveToSetúbal user misuses any of your User Content downloaded from the Service, you authorize (but do not obligate) us to enforce your copyrights in the User Content on your behalf.
    4. Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:
      1. You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6;
      2. All of the User Content you include is truthful, accurate, complete and up-to-date, to the best of your knowledge; and
      3. Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
    5. Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.

    7. Digital Millenium Copyright Act

    We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our Designated Agent at:

    MoveToSetúbal, Av. Bento Gonçalves 30, 9-dto, Setúbal 2910-431, Portugal

    E-mail: [email protected]

    Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address;
    4. a statement from you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
    5. a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    You can find a complete statement of our Intellectual Property Infringement Policy at http://movetosetubal.com/intellectual-property-infringement-policy/.

    We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.

    8. Permitted and Prohibited Conduct

    1. All users on our Site are permitted to:
      1. Access and browse the Site without needing to register, completely free of charge.
      2. Register in order to access additional services.
    2. Registered users are able to access additional services (which from time to time may or may not be available, or may also be made available to all users, at our sole discretion), including:
      1. Add listings of places, services, or events to our site (such additions being suggestions which we are under no obligation to approve);
      2. Claim listings which the user is an owner or authorized representative;
      3. Submit comments or ratings, or upload photos, for listings which are formatted to permit the addition of such User Content;
      4. Contact our advertisers or the owner or representative of our listings via our contact forms;
      5. List property for sale or rent (housing, rooms, or garages) that you own or represent (may require payment of fees);
      6. Sign up for additional services connected with your listings on the Site (may require payment of fees).
    3. BY USING THE SERVICE YOU AGREE NOT TO:
      1. Use the Service for any illegal purpose or in violation of any laws or regulations;
      2. Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
      3. Upload, post, or publish any User Content that is racist, xenophobic, obscene, unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate, incites, involves, or promotes criminal, violent or defamatory acts on the grounds of age, gender, religion, beliefs, or that involves the defense of terrorism;
      4. Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
      5. Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with or overload the networks or equipment that we use to provide the Service);
      6. Perform fraudulent activities, such as impersonating another person or lying about your date of birth, using the identity or password of another user without their consent, misrepresenting your identity or your representative capacity in commenting upon a listing, or making a false or fraudulent contact;
      7. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
      8. Access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish), unless specifically permitted by Us;
      9. Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any User Content to create a similar or competitive service or to contribute the User Content to an existing similar or competitive service;
      10. Use any material or elements from the Website for inclusion in whole or in part on other websites without our prior written permission;
      11. Use any element or information from our Site or Services in such a way so as to give the impression that it belongs to or is associated with the you;
      12. Transfer your rights to use the Service or to view, access, or use any Materials; or
      13. Attempt to do, or assist anyone else to do, any of these things.
      14. If you carry out any of the above-mentioned actions, you will be liable for any damages arising from such direct or indirect breach of these prohibitions, and you agree to hold us harmless. In the event that you breach these restrictions, we reserve the right to unilaterally cancel, at our sole discretion and without prior notice, your access to, use and/or registration for our Site and Services, without this in any way giving rise to any form of compensation.

    9. Other Companies’ Services and Linked Websites; Your Requests for Additional Information

    You may find tools on the Service that let you send information, including User Content, to other companies’ services, or to advertisers or other users of our site. For example, you may find features that allow you to link your account on the Service with an account on another service (e.g., Facebook or Instagram or the implementation of other companies’ like or share buttons), or that allow you to contact a business or another user to request additional information. If you use these tools, you permit us to send this information to the other companies’ services or to the designated other user, and you acknowledge that we are not responsible for the other companies’ or user’s use of this information. You further authorize us to utilize your requests for additional information for our own marketing purposes, to send you additional related marketing materials, and to share your request with our advertising partners. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.

    10. Termination of Your Account

    If you breach any of these Terms, your permission to use the Service will terminate automatically.

    Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by going to https://MoveToSetúbal.com/account/close.

    We may update, modify, or even discontinue the Service at any time without notice to you.

    11. Privacy Policy and Additional Requirements

    1. We take privacy seriously, and we want you to know what information we are collecting from you and how we are using it. Please read our privacy policy (the “Privacy Policy”) carefully. The Privacy Policy is incorporated into these Terms as part of our agreement.
    2. Additionally, we may notify you of additional requirements that you need to follow when using the Service (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.

    12. Modifying these Terms

    We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.

    13. Ownership of the Service

    Kenneth J. Mitteldorf, doing business as MoveToSetúbal.com, Inc. owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of User Content, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.

    14. Indemnity

    You are responsible for your use of the Service. You agree to defend and indemnify us, including our employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.

    15. Disclaimer; No Warranties

    WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.

    EXCEPT AS PROVIDED IN SECTION 16 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.

    THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.

    16. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.

    EXCEPT AS EXPLICITLY PROVIDED IN SECTION 19, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$100.

    THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    17. Statement of responsibility

    You acknowledge that your use of the Service is at your own risk and responsibility, and accept that the Service and any part therein, including but not limited to the content, services, goods or advertisements (the “items”) are provided “as is”, and that MoveToSetúbal does not implicitly or explicitly guarantee the items therein, including elements, among others – the infringement, title or suitability for a purpose or particular use. MoveToSetúbal does not guarantee that the Service is compatible with the user’s computer hardware or software, nor that the Service does not have any errors, viruses, worms or “trojan horses”, and cannot be held liable for any damages that may be caused by such destructive elements.

    You acknowledge that MoveToSetúbal, its suppliers and agents are not responsible for (i) damages, whether caused by the negligence of MoveToSetúbal, its employees, contractors, agents, suppliers or whether arising in connection with the Service, (ii) any loss of profits, general loss, indirect or collateral damage, or (iii) failures, discrepancies, omissions, delays or other errors in the Service caused by its computer or use of the Service through said equipment. The content of other websites, goods or advertisements that may be linked to or from the Service is not managed or controlled by MoveToSetúbal. MoveToSetúbal cannot, therefore, be held responsible for the availability, content or accuracy of other websites, services or goods that may be linked to or advertised on the Service. MoveToSetúbal (a) does not guarantee, either explicitly or implicitly, the use of the links provided in or to the Service, (b) does not guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Service, (c) does not promote implicitly or explicitly other websites, services, goods or advertisements that may be linked to the Service. Furthermore, MoveToSetúbal is not responsible for the accuracy or continued availability of the telephone lines and equipment the user may use to access the Service. The user understands that MoveToSetúbal and/or contributors to the Service may terminate access to content (of those other websites, services, goods or advertisements) at any time.

    You acknowledge and agree that any contractual or non-contractual dealings which might be undertaken with advertisers or third parties contacted through MoveToSetúbal.com, are considered to be made solely and exclusively between You and the advertiser and/or third party. Accordingly, You agree that MoveToSetúbal.com does not have any responsibility for damages or losses of any kind incurred as a result of your negotiations, conversations and/or contractual or non-contractual communications and agreements with advertisers or physical or legal third parties.

    MoveToSetúbal aims to provide updated information through its website. This information may vary with some frequency, so it is advisable to independently confirm that the information contained on the Site is still up to date.

    MoveToSetúbal strives to ensure the accuracy of the information listed or advertised on the Site, as well as information regarding the users and advertisers on the Site. However, MoveToSetúbal cannot guarantee the absolute authenticity and accuracy of this information, as the data provided might contain some errors.

    Prices and other information displayed in MoveToSetúbal do not constitute a contractual offer, and are published for information purposes only.

    MoveToSetúbal cannot be held responsible for the existence of mortgages, liens, surveys or any other condition that the properties included on the Site may be subject to.

    Without prejudice to the provisions of this legal notice, MoveToSetúbal declares that it is not responsible for the property information included on the website. The property information offered in accordance with the provisions regarding the protection of consumers in terms of the information provided in the sale and rental of housing, shall be made available to buyers in the respective real estate agent offices, or should be provided directly by the properties’ owners.

    You acknowledge that MoveToSetúbal may receive payment from its advertisers or others for the services it provides. Such payments may include fees for display advertising on a flat fee basis, subscription fees, pay-per-click, pay-per-view, percentage commissions, various “affiliate marketing” arrangements, referral fees, or other compensation methods. You acknowledge and agree that MoveToSetúbal’s receipt of such payments shall not be deemed to create an agency, partnership, or representative relationship of any kind, nor shall MoveToSetúbal be obligated to make a separate or contemporaneous disclosure of such payments. Under no circumstances will MoveToSetúbal become your agent, partner or representative, nor owe you any fiduciary duty, and you agree not to rely upon MoveToSetúbal in such manner.

    18. Civil liability statement

    MoveToSetúbal, its management and employees, general partners, affiliates, subsidiaries, successors, assignees, and agents will not be held responsible, neither directly nor indirectly, in any way, to You or any other person for : (i) errors and omissions of the Service, (ii) delays, errors or interruptions in the transmission or delivery of the Service, or (iii) loss or damages caused, or for any other circumstances derived from perceived breach of contract.

    19. Limits to civil liability

    For no reason, including but not limited to negligence, will MoveToSetúbal, have liability to You or any other user for any direct or indirect damages caused, even in the event that an authorised representative of MoveToSetúbal has been aware of the possible occurrence of such damages, derived from the use or inability to use the Service or any link or element in the provision of the Service, such as loss of revenue, loss of anticipated profits or loss of customers. Under no circumstances will the total civil liability of MoveToSetúbal to You or any other user for all damages, losses and rights to claim (including contractual or possible tort, and involving, without limitation, negligence) exceed the amount the user paid, if existent, for accessing these web pages, or US$100, whichever amount is greater.

    MoveToSetúbal excludes any liability for damages of any kind that may result from the transmission, diffusion, storage, availability, reception or access to services, particularly, though not exclusively limited to, damages that may result from (a) breach of the law, immoral acts or acts not considered as generally accepted principles of morality and good conduct, or acts against public order, as a result of the acquisition, use or access to services; (b) the infringement of intellectual property rights, trade secrets, contractual commitments of any kind, the right to honor, personal and family privacy and image of persons, property rights and all other rights belonging to a third party as a result of misuse of the Services, (c) engaging in acts of unfair competition and illegal advertising as a result of the use of the Services, (d) unsuitability for any purpose and the disappointment of the expectations generated by the Services, (e) failure, delay in performance, defective performance or termination for any reason of the obligations of third parties and contracts with third parties through or in connection with access to the Services.

    MoveToSetúbal will not be held responsible for communications that might occur between users, nor the agreements that might be reached as a result of the offers that appear on the Site.

    MoveToSetúbal will comply with all the due diligence that it deems necessary in cases where it becomes aware of potential fraudulent actions or crimes that are being committed through its platform. In this regard, MoveToSetúbal will actively collaborate with the police and the pertinent legal authorities for the prosecution of such illegal activities.

    20. Governing Law, Dispute Resolution and Arbitration

        1. Residents of the United Kingdom and the European Union. If you are a resident of the United Kingdom or the European Union, this Section 20.A applies to you. This Agreement is governed by the laws of Portugal. These General Conditions are subject to the laws of Portugal. Any dispute arising will be submitted to and resolved by, to the maximum extent permitted under applicable law, by the Courts of Lisbon or, only where required or otherwise appropriate, the Courts where the user lives. The courts of Portugal will have non-exclusive jurisdiction for resolution of any lawsuit or court proceeding permitted under this Agreement, which means that as a consumer you may only bring any lawsuit or court proceedings against us in a court in your country of residence of the courts of Portugal. If MoveToSetúbal wishes to enforce any of its rights against you, we may do so only in the courts of your country of residence. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
        2. Residents of the US and Other Countries. If you are a resident of the United States, or any other country outside of the United Kingdom, or the European Union, this Section 20.B applies to you:
          1. Generally. THESE GENERAL CONDITIONS ARE SUBJECT TO THE LAWS OF PORTUGAL. ANY DISPUTE ARISING WILL BE SUBMITTED TO AND RESOLVED BY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COURTS OF LISBON. Only in the event the preceding sentence is unenforceable, and in the interest in resolving disputes between you and us in the most efficient and cost effective way, you and we agree to resolve any and all disputes arising in connection with these Terms or your use of the Service by binding arbitration. Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, may allow for limited discovery (i.e., pre-trial fact finding) than in court, and usually is not appealable in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate claims arising out of or relating to any aspect of these Terms, includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
          2. Exceptions. Notwithstanding Section 20.B.i, we both agree that nothing in these Terms waives or limits either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through federal, state, or local agencies, (iii) seek injunctive relief or other provisional relief in aid arbitration from a court of law, or (iv) to file a lawsuit in a court of law to address intellectual property claims.
          3. Arbitrator. Any arbitration between us will be held under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. If you would like a copy of the AAA Rules, they are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
          4. Notice and Process. If one of us intends to seek an arbitration, then they must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required), UPS (signature required), or DHL (signature required), or, if we don’t have a physical address on file for you, by email (“Notice”). Our address for Notice is: MoveToSetúbal, attn.: Kenneth J. Mitteldorf, Av. Bento Gonçalves 30, 9-dto., Setúbal 2910-431, Portugal. Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) describe the specific relief requested (“Demand”). You and we agree to use good faith efforts to resolve any claim directly, but if we don’t reach a resolution within 60 days after the Notice is received, you or we may start arbitration proceedings. During the arbitration proceeding, the amount of any settlement offers by you or us will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If our dispute is resolved through arbitration in your favor, we will pay you the greater of: (i) the amount awarded by the arbitrator (if any), (ii) the last written settlement offered by us to settle the dispute prior to the arbitrator’s award, and (iii) $1,000.
          5. Fees. If you commence arbitration under these Terms, we will reimburse you for your payment of the filing fee if your claim is for $10,000 or less. Otherwise, the payment of filing fees will be decided by the AAA Rules. If your claim is for $10,000 or less, you can choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) via telephone, with no in-person hearings, or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If your claim is for more than $10,000, the arbitration hearings will take place at a location that we agree upon in Palm Beach County, Florida. If the arbitrator rules that the substance of your claim or the relief you seek in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and you agree to reimburse us for any amounts we previously paid but for which you are obligated to pay under the AAA Rules. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award (if any) are based. The arbitrator may make rulings and resolve disputes regarding the payment of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
          6. No Class Actions. YOU AND WE EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator cannot consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
          7. Modifications. If we make any future changes to this arbitration agreement (other than a change to our address for Notice), you can reject the changes by sending us written notice (to our address for Notice) within 30 days of the change. If you do so, your account on the Service will immediately terminate and this arbitration agreement, as in effect immediately prior to the amendments you rejected, will survive termination.
          8. Enforceability. If Section 20.b.vi is found to be unenforceable, or if the entirety of the arbitration agreement in this Section 20.b is found to be unenforceable, then this Section 20.b will be null and void and, if this happens, you and we agree to submit any disputes arising in connection with these Terms or your use of the Service in the exclusive jurisdiction described in Section 20.c.
        3. Governing Law. THESE GENERAL CONDITIONS ARE SUBJECT TO THE LAWS OF PORTUGAL. If you are a resident of the United States or any other country outside of the United Kingdom or the European Union, and only if a lawsuit or arbitration is permitted outside of Portugal under these Terms, or required by operation of law, you and we agree to the exclusive jurisdiction of the state and federal courts located in (or with jurisdiction over) Palm Beach County, Florida, in which case the Court or Arbitrator shall apply the laws of Florida, without regard to its conflict of laws principles.

        21. Consent to Electronic Communications

        You consent to receive electronic communications from us as described in our Privacy Policy. Please read our Privacy Policy to learn about your choices regarding our electronic communications practices. We may send you any notices, agreements, disclosures, or other communications to you electronically.

        22. Contact Information

        The Service is offered by MoveToSetúbal, attn.: Kenneth J. Mitteldorf, Av. Bento Gonçalves 30, 9-dto., Setúbal 2910-431, Portugal. You can reach us by sending letters to our address or by emailing us at [email protected]úbal.com.

        23. Notice California Residents

        If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

        24. Cookies Policy

        MoveToSetúbal may also make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (“Cookies”) on your computer or other devices used to access the MoveToSetúbal Services. Cookies are small bits of information that are automatically stored on the web browser of your device that can be retrieved by us. The type of information we collect includes, but is not limited to, uniquely identifying visitor information and information related to your usage preferences. We use these technologies to help us recognize you as a user, collect information about your use of the MoveToSetúbal Services to better customize our services and content for you. By using the MoveToSetúbal Services, you acknowledge and agree that we may collect and/or transmit any data collected to our third-party service providers, such as analytics providers, mapping services, payment processors, and website security services, which may also make use of such technologies described above. Please note that if you block or delete cookies you will not be able to use some or all of the MoveToSetúbal Services.

        Our website uses the following types of cookies:

        1. Cookies to facilitate user navigation and remember where you are located when browsing the website. These cookies typically disappear after one month.
        2. Session cookies to track the session on pages that require registration. These cookies are necessary to access the services or content restricted to users browsing as registered users. If you do not select ‘remember password’, these cookies are deleted when the browser is shut down or the computer is turned off
        3. Measuring and web analytics cookies. These cookies are used to analyze visits and times of web site navigation. Information collected from these cookies is directly transmitted to and stored on the servers of service providers.
        4. Advertising cookies. These cookies are used to know if you have seen an advertisement and how long the advertisement has not been seen for. This allows us to show you the most appropriate advertising at all times.
        5. Third party advertising cookies. Advertisements displayed on this Site are often generated by third parties. Some of these third parties may store cookies on your browser while you are browsing our Site. Companies that generate these cookies have their own privacy policies.
        6. Other third-party cookies. Other third party cookies can be stored on your browser when you are browsing our Site. For example, when you click on the ‘share’ button on MoveToSetúbal.com in order to share content on a Instagram, Instagram will store a cookie on your computer. The companies that generate these cookies have their own privacy policies.
         
      2. How can these cookies be disabled?

        Browsers can be configured so that these cookies are automatically deleted once the browser is closed, or the computer or device is turned off.

        1. Chrome: https://support.google.com/chrome/answer/95647?hl=en
        2. Firefox: http://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer?redirectlocale=en-US&redirectslug=Cookies
        3. Microsoft Edge: https://support.microsoft.com/en-us/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy
        4. Safari web: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
        5. Safari iOS: https://support.apple.com/en-us/HT201265

         

      3. You can [ultimate_gdpr_cookie_popup] click here to see and adjust Your Cookies Settings.[/ultimate_gdpr_cookie_popup]

        The owner of this website may be contacted regarding cookies at this address: [email protected]

        Links of interest: guide to behaviour-based advertising: https://www.youronlinechoices.com

        25. General

        These Terms, along with the Privacy Policy and the other policies that are incorporated into these Terms, are the entire agreement between you and us regarding your use of the Service. Except for our right to update these Terms under Section 12 above, these Terms can only be amended by a written agreement signed by both you and us. You are not allowed to assign or transfer these Terms, or transfer your account on the Service, to any other person or company without our consent, including any transfer that you want to make in connection with a corporate acquisition. We may assign these Terms with or without notice to you. Any delay or failure to enforce any rights under, or require your compliance with, these Terms will not affect our right to enforce the rights or require your compliance at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any terms that you breached. We’ve included paragraph and section headings for ease of reference, but these headings do not affect the interpretation of these Terms. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect. When these Terms are terminated, any provision that by its nature should survive (or that specifically states that it will survive) will survive the termination, including the following: Sections 2, 5, 6, and 8 through 25.

        26. Reminder

        We remind you that you have a right of access to your personal data held in MoveToSetúbal.com’s files, and to correct this information if erroneous, to delete or to oppose its treatment through the email: [email protected], indicating in the subject field “deletion of personal data”, or by written communication (including a photocopy of identity card) sent to the MoveToSetúbal, attn.: Kenneth J. Mitteldorf, Av. Bento Gonçalves 30, 9-dto, Setúbal 2910-431, Portugal. MoveToSetúbal may from time to time implement additional methods by which users can access, correct, or request or effect the deletion of their personal data.

        By continuing to access our Site, you hereby accept the terms and conditions of our data protection policies, the current copy of which may be found at http://movetosetubal.com/privacy-policy.

        MoveToSetúbal reserves the right to modify its data protection policy at its discretion, or as a result of changes in legislation, jurisprudence or business practice. The new text will be published, together with the corresponding notice, in order that you may be aware of the revised data protection policy.

        These Terms & Conditions were last updated on March 19th, 2019. v1.0

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