Terms of Service
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Inmobiliaria Bustamante & Compañía Limitada (“Company” or “we” or “us”) concerning your use of (including any access to) the website currently located at www.inmobiliariabustamante.com, www.inmobiliariabustamante.net, www.ibustamante.com, www.ibustamante.net, and www.inmobustamante.com , (together with any materials and services available therein, and successor site/sites thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company.
By using the Site, you affirm that you are of legal age to enter into this Agreement. If you are an individual accessing or using the site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “organization”), then you agree to this Agreement on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the site and to any such organization.
1. Changes. We may change this Agreement from time to time by notifying you of such changes through any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend below indicates the date when this Agreement was most recently changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
2. Listings. The Site makes property listings (“Listings”) available to users who are interested in renting, buying, or viewing sale or rental properties. Such Listings may be made available by Company or by third parties, and these Listings may be made available for any purpose, including general information purposes. We make no representation as to the completeness, accuracy, reliability, validity, or timeliness of such Listings, descriptions, or images (including any features, specifications and prices contained therein), and the same are submitted to the Site subject to errors, omissions, change of price, rental or other conditions, prior sale, lease, financing, or withdrawal without notice. Such information is subject to change at any time without notice. All dimensions listed are approximate. To determine exact dimensions, you must hire an engineer or architect. Property photos are representative of finishes. Actual finishes may vary.
You are not obligated to engage Company as your agent, but if you do, you agree that you have not signed any agreement with any agent that would prevent you from using Company as your agent, and that you do not have a contract or agreement with any third party that would interfere with the Company representing you. You agree to notify us immediately in the event that you enter into any such contract or agreement. You acknowledge and agree that Company may also represent other (i) prospective buyers or renters seeking to purchase / rent properties that may meet your purchase / rental criteria, or (ii) prospective sellers / landlords seeking to sell / rent properties similar to yours.
With respect to any Listings, you acknowledge and agree that we (i) do not decide the appropriate price for each Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, inspection of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying meter footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions.
We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of gender, race, color, religion, sex, sexual orientation, handicap, familial status, or national origin.
4. Jurisdictional Issues. The Site is controlled or operated (or both) from the city of Cartagena de Indias in the Republic of Colombia and is not intended to subject Company to any non-Colombian jurisdiction or law. The Site may not be appropriate or available for use in some non-Colombian jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, for any person, geographic area, or jurisdiction that we choose.
5. Rules of Conduct. In connection with the Site, you must not:
• Post, transmit, or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit, or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment (each, a “Virus”).
• Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about Site users.
• Interfere with or disrupt Site operations or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure, or policy of such servers or networks.
• Restrict or inhibit any other person from using the Site.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Site.
• Remove any copyright, trademark, or other proprietary rights notice from the Site.
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
• Download and store Site Content.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site Content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent.
6. License. For purposes of clarity, you retain ownership of the materials or information you submit to us (each, a “Submission”). For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide us with any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation.
You agree and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
7. Monitoring. We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
8. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
9. Company’s Proprietary Rights. We and our suppliers, as applicable, own the Site, including all Listings and information, data, text, inquiries, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site (collectively, the “Site Content”), which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include Inmobiliaria Bustamante, Inmobiliaria Bustamante & Compañía Limitada, and any associated logos. All trade names, trademarks, service marks, logos, and other content on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting the right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
10. Third-Party Materials; Links. Certain Site functionality may make available access to information, products, services, and other materials made available by third parties, including Listings and Submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or in part) through the Site at any time. In addition, the availability of any Third-Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of the providers of such Third-Party Materials).
11. Disclaimer of warranties. To the fullest extent permitted under applicable law: (a) the site and any Listings, Site Content, and Third-Party Materials are made available to you on an “as is,” “where is,” and “where available” basis, without any warranties of any kind, whether express, implied, or statutory; and (b) company disclaims all warranties with respect to the Site and any Listings, Site Content, and Third-Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both company and its affiliates and their respective members, managers, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the “Affiliated Entities”), and their respective successors and assignees.
While we try to maintain the Site’s timeliness, integrity, and security, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, omissions, and materials that violate or conflict with this Agreement. Additionally, it is possible (though prohibited by this Agreement) that third parties could make unauthorized alterations to the Site. If you become aware of any such alterations, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Site.
12. Limitation of liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use of data, loss of other intangibles, or loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Listings, Site Content, or Third-Party Materials, including from any Virus that may be transmitted in connection therewith; and (c) your sole and exclusive remedy for dissatisfaction with the Site or any Listings, Site Content, or Third-Party Materials is to stop using the site. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities, and their respective successors and assignees.
13. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company and the Affiliated Entities, and their respective successors and assignees, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); (b) any violation or alleged violation of this Agreement by you; (c) personal injury, property damage, or other claims or damages relating to property defects, conditions, legality, or suitability; (d) breach of any agreement you enter into; (e) your interactions or transactions with any other user; or (f) your infringement of any intellectual property or other right of any person or entity.
14. Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately block your access without any obligation to provide further assistance.
15. Governing Law. The terms of this Agreement are governed by the laws of the city of Cartagena de Indias in the Republic of Colombia, regardless of your location.
16. Filtering. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
17. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to Calle Tumbamuertos No. 38-59, San Diego, Cartagena, Colombia, or by calling us at +57 (5) 664-5883. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
18. Copyright Infringement Claims. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Company a written notice by mail, e-mail, or fax requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice to Company.
19. Miscellaneous. This Agreement does not, and shall not, be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate, and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including, in each case, via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
20. Broker Restrictions. Any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) who uses any Listings for its customer(s) must first work for Company. Unless authorized by Company, no Real Estate Agent may market or make commercial use of the Listings in any way, including, without limitation, advertising the Listings, copying the Listings for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Site.
Site © 2020 Inmobiliaria Bustamante & Compañía Limitada unless otherwise noted. All rights reserved.
Last Updated: November 21, 2020