Project Greengrass Site Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Project Greengrass community map
located at https://greengrass.things.ph
and all associated sites linked to https://things.ph
by ThingsPH. (collectively,
the
"Site"). The Site is the property of ThingsPH Inc. ("ThingsPH") BY USING THE SITE, YOU AGREE TO
THESE
TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ThingsPH reserves the right, at its sole discretion, to change, modify, add or remove portions of
these
Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for
changes. Your continued use of the Site following the posting of changes will mean that you accept
and
agree to the changes. As long as you comply with these Terms of Use, ThingsPH grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, data, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
artwork
and computer code (collectively, "Content"), including but not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement of such Content, contained on
the
Site is owned, controlled or licensed by or to ThingsPH, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights and unfair competition
laws.
THINGSPH RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD, LIMIT OR REMOVE
CONTENT, AT
ANY TIME.
Disclaimer
THINGSPH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE
ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE
WILL
PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THINGSPH CANNOT ENSURE
THAT
ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. THINGSPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THINGSPH DISCLAIMS
ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
RELATED
TO YOUR USE OF THE SITE AND/OR ANY THINGSPH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE
OF
THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THINGSPH FOR DISSATISFACTION WITH THE SITE
OR
ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF
THE
BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. THINGSPH reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. THINGSPH reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will THINGSPH be liable to you for any indirect,
consequential, exemplary, incidental or punitive damages, including lost profits, even if THINGSPH
has
been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, THINGSPH is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, THINGSPH’s liability shall in no event exceed P100.00.
If, notwithstanding the other provisions of these Terms of Use, THINGSPH is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, THINGSPH’s liability shall in no event exceed P100.00.
Indemnity
You agree to indemnify and hold THINGSPH, its officers, directors, shareholders, predecessors,
successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands,
loss,
liability, claims or expenses (including attorneys’ fees), made against THINGSPH by any third party
due
to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
THINGSPH may disclose any information we have about you (including your identity) if we determine
that
such disclosure is necessary in connection with any investigation or complaint regarding your use of
the
Site, or to identify, contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) THINGSPH’s rights or property, or the
rights
or property of visitors to or users of the Site, including THINGSPH’s customers. THINGSPH reserves
the
right at all times to disclose any information that THINGSPH deems necessary to comply with any
applicable law, regulation, legal process or governmental request. THINGSPH also may disclose your
information when THINGSPH determines that applicable law requires or permits such disclosure,
including
exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that THINGSPH may preserve any transmittal or communication by you with THINGSPH through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or THINGSPH determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of THINGSPH, its employees, users of or visitors to the Site, and the public.
You agree that THINGSPH may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to THINGSPH, for which monetary damages would be inadequate, and you consent to THINGSPH obtaining any injunctive or equitable relief that THINGSPH deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies THINGSPH may have at law or in equity.
You agree that THINGSPH may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If THINGSPH does take any legal action against you as a result of your violation of these Terms of Use, THINGSPH will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to THINGSPH. You agree that THINGSPH will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
You acknowledge and agree that THINGSPH may preserve any transmittal or communication by you with THINGSPH through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or THINGSPH determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of THINGSPH, its employees, users of or visitors to the Site, and the public.
You agree that THINGSPH may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to THINGSPH, for which monetary damages would be inadequate, and you consent to THINGSPH obtaining any injunctive or equitable relief that THINGSPH deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies THINGSPH may have at law or in equity.
You agree that THINGSPH may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If THINGSPH does take any legal action against you as a result of your violation of these Terms of Use, THINGSPH will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to THINGSPH. You agree that THINGSPH will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes,
will
be governed by the laws of the Republic of the Philippines. You agree to the personal jurisdiction
by
and venue in Pasig, Metro Manila, and waive any objection to such jurisdiction or venue. Any claim
under
these Terms of Use must be brought within one (1) year after the cause of action arises, or such
claim
or cause of action is barred. Claims made under the separate terms and conditions of purchase for
goods
and services are not subject to this limitation. No recovery may be sought or received for damages
other
than out-of-pocket expenses, except that the prevailing party will be entitled to costs and
attorneys’
fees. In the event of any controversy or dispute between THINGSPH and you arising out of or in
connection with your use of the Site, the parties shall attempt, promptly and in good faith, to
resolve
any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to
exceed
thirty (30) days), then either party may submit such controversy or dispute to mediation. If the
dispute
cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.