Phil. Management Terms of Service
The Phil.Management website is comprised
of web pages operated by Phil.Management
Inc., a privately held company in Pasig
City, Philippines. Use of the
Phil.Management website signifies your
acceptance and agreement, without
limitation or qualification, to be bound
by the following terms and conditions
(the "Terms of Service").
Changes to Terms and Conditions
We reserve the right to modify the Terms
of Service at any time without notice.
You are responsible for reviewing the
Terms of Service regularly so that you
will be informed of any changes. We reserve the right to modify or
terminate the whole, or any part of the
Phil.Management website for any reason,
and without notice, without liability to
you, any other Member or any third
party.
Appropriate Conduct
You may not use the Phil.Management
service for any purpose that is unlawful
or prohibited in the Terms of Service.
This Agreement, your use of the Website,
and all related matters shall be
governed solely by the laws of the Pasig
City, Philippines and the applicable
federal laws of Philippines, without
regard to the conflicts of law
provisions of any jurisdiction. You are
solely responsible for your conduct and
compliance with your applicable local
laws. You hereby irrevocably submit to
the exclusive jurisdiction of the courts
of the Province in the City of Pasig in
relation to all disputes arising from or
related to this Agreement, your use of
the Website and any related matters.
Indemnity
You agree to defend, indemnify and hold
Phil.Management Inc. its affiliates,
suppliers, licensors, licensees,
co-branders, information providers,
service providers, partners, directors,
officers, employees, agents and other
related parties, harmless from and
against any and all liabilities, claims,
costs and expenses, including without
limitation reasonable attorneys fees and
expenses, in connection with any claim
or demand arising from, related to, or
in connection with, your: (a) violation
of the Terms of Service, (b) use of the
Phil.Management website, or (c)
placement, posting or transmission of
any message, information, software or
other material on or through the
Phil.Management website. Further, you
will assist and cooperate as fully as
reasonably required by Phil.Management
Inc. in the defense of any such claim or
demand.
Intellectual Property
You may not copy, adapt, transmit,
display, or sell any of
Phil.Management's proprietary
information without expressed permission
by Phil.Management, Inc.
Copyright Notice
All information and content contained
on, or made available through
Phil.Management are subject to copyright
protection. Copying, republication, or
redistribution of such content is
prohibited without expressed permission
by Phil.Management, Inc.
Privacy
Phil.Management Inc. collects, uses, and
discloses your personal information in
accordance with its Privacy Policy. By
accepting this Terms of Service, and
each time you use the Phil.Management
service, you consent to Phil.Management,
Inc's collection, use and disclosure of
your personal information in accordance
with the Privacy Policy.
Disclaimers
YOU UNDERSTAND AND AGREE THAT USE OF THE
PHIL.MANAGEMENT WEBSITE IS AT YOUR OWN
RISK. THE PHIL.MANAGEMENT WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY REPRESENTATION,
WARRANTY OR CONDITION REGARDING THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY MATERIAL,
INFORMATION, PRODUCT, OR SERVICE
CONTAINED ON OR ACCESSIBLE THROUGH THE
WEBSITE. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
ARE HEREBY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, PHIL.MANAGEMENT INC. MAKES NO
CONDITION, REPRESENTATION OR WARRANTY
THAT: THE WEBSITE WILL BE COMPATIBLE
WITH YOUR COMPUTER AND SOFTWARE; THE
WEBSITE WILL BE AVAILABLE OR WILL
FUNCTION WITHOUT INTERRUPTION OR ERROR;
THE INFORMATION AVAILABLE ON OR THROUGH
THE WEBSITE WILL BE ACCURATE, COMPLETE,
OR TIMELY; THE USE OF THE WEBSITE,
INCLUDING THE BROWSING AND DOWNLOADING
OF ANY INFORMATION, WILL BE FREE OF ANY
VIRUSES, MALICIOUS SOFTWARE OR
DISRUPTIVE COMPONENTS; THE TRANSMISSION
OF INFORMATION TO AND FROM THE WEBSITE
WILL BE SECURE; OR THE USE OF THE
WEBSITE WILL NOT INFRINGE THE RIGHTS
(INCLUDING INTELLECTUAL PROPERTY RIGHTS)
OF ANY PERSON.
Limitation of Liability
PHIL.MANAGEMENT INC. WILL NOT UNDER ANY
CIRCUMSTANCES BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, ANY
DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
OR ANY DAMAGES FOR LOSS OF USE,
PRODUCTION, INCOME OR PROFITS
(ANTICIPATED OR OTHERWISE), SAVINGS OR
GOODWILL, ECONOMIC LOSS, OR OTHER
INTANGIBLE LOSS, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR
EQUITY, ARISING FROM, CONNECTED WITH, OR
RELATING TO THE WEBSITE AND REGARDLESS
OF ANY NEGLIGENCE OR OTHER FAULT OR
WRONGDOING BY PHIL.MANAGEMENT, INC. ITS
EMPLOYEE OR REPRESENTATIVES, AND
NOTWITHSTANDING THAT AB RESOURCES
MANAGEMENT CORP MAY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES
BEING INCURRED OR COULD HAVE FORESEEN
THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT
PHIL.MANAGEMENT INC. HAS ENTERED INTO
THIS AGREEMENT, AND HAS AND WILL MAKE
THE WEBSITE AVAILABLE TO YOU, IN
RELIANCE UPON THE LIMITATIONS AND
EXCLUSIONS OF LIABILITY AND THE
DISCLAIMERS SET FORTH HEREIN, AND THAT
THE SAME FORM AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN YOU AND PHIL.MANAGEMENT
INC. YOU EXPRESSLY AGREE THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY
AND THE DISCLAIMERS SET FORTH HEREIN
WILL SURVIVE, AND CONTINUE TO APPLY IN
THE CASE OF, A FUNDAMENTAL BREACH OR
BREACHES, THE FAILURE OF ESSENTIAL
PURPOSE OF CONTRACT, THE FAILURE OF ANY
EXCLUSIVE REMEDY, OR TERMINATION OF THIS
AGREEMENT. PLEASE NOTE THAT THE EXCLUSION OF
CERTAIN WARRANTIES AND THE LIMITATION OF
CERTAIN LIABILITIES IS PROHIBITED BY
LEGISLATION IN SOME JURISDICTIONS. SUCH
LEGISLATIVE LIMITATIONS MAY APPLY TO
YOU.
Miscellaneous
The Terms of Service constitutes the
entire agreement between Phil.Management
Inc. and you pertaining to your use of
the Phil. Management website and
supersedes any prior agreements between
you and Phil.Management Inc's failure to
insist upon or enforce strict
performance of any right or provision of
the Terms of Service shall not
constitute, or be construed as, a waiver
of any right or provision. If any
provision or parts thereof, in the Terms
of Service are determined to be void,
invalid or otherwise unenforceable by a
court of competent jurisdiction, such
determination shall not affect the
remaining provisions, or parts thereof,
contained herein. You and
Phil.Management Inc. are independent
contractors and no agency, partnership,
joint venture, employment or franchise
relationship is intended or created by
this Terms of Service or your use of the
Phil. Management website. The parties
have expressly requested and required
that the Terms of Service and all other
related documents be drawn up in the
English language.
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