This Livin' Beach Terms of Use agreement (this "agreement") is a legal agreement between you and Livin' Beach, Inc. ("Livin' Beach", "we", "us" or "our") providing, among other things, the terms and conditions for your use of our web site accessible at http://www.livinbeach.com (the "site").

We may from time to time modify these Terms of Use and will post a copy of the amended agreement at our site. If you do not agree to, or cannot comply with, the agreement as amended, you should not use the site. You will be deemed to have accepted the agreement as amended if you continue to use the site after any amendments are posted on the site. We reserve the right to refuse to provide our products and services to anyone at any time.

This agreement contains warranty and liability disclaimers. By using this site, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you are not authorized to use the site. You may be denied access to the site, with or without prior notice to you if you do not comply with any provision of this agreement.

Important Information relating to properties displayed on the web site

1. Particulars: Any property particulars are not an offer or contract, nor part of one. You should not rely on statements by Livin' Beach in the particulars or by word of mouth or in writing ("information") as being factually accurate about the property, its condition or its value. Neither Livin' Beach nor any joint agent has any authority to make any representations about the property, and accordingly any information given is entirely without responsibility on the part of the agents, seller(s) or lessor(s).
2. Photos etc: The photographs show only certain parts of the property as they appeared at the time they were taken. Areas, measurements and distances given are approximate only.
3. Regulations etc: Any reference to alterations to, or use of, any part of the property does not mean that any necessary planning, building regulations or other consent has been obtained. A buyer or lessee must find out by inspection or in other ways that these matters have been properly dealt with and that all information is correct.
4. Information on the web-site about a property is liable to be changed at any time.

1.1 Age requirement; authority. In order to use the site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this site.

1.2 Registration. We reserve the right to restrict certain areas of information on this site to our approved registered users. In the event that any area of the site requires you to register with us prior to our granting you access to such areas of the site, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the "account information"). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. Livin' Beach will use your account information in accordance with its privacy policy, which can be found at our site as described further in section 6 of this agreement. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. Livin' Beach will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Livin' Beach, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.

2. License to use the site

2.1 Grant of license. Livin' Beach grants to you a limited, non-exclusive, non-transferable license to access and use the site in accordance with the terms and conditions set forth in this agreement. Livin' Beach reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the site not specifically permitted under this agreement is strictly prohibited.

2.2 Restrictions. You agree that you will not: (i) use the site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without Livin' Beach' express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this site; or (iii) use our site in any way that violates the terms of this agreement. The site is owned by Livin' Beach and is protected by United States of America copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.

3. Other restrictions

You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters, Nigeria letters or pyramid schemes via the site; or (d) attempt to gain unauthorized access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site.

You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without our prior written permission, provided that generally available third party Web browser such as Netscape Navigator? and Microsoft Internet Explorer? may be used without such permission.

4. Copyrights and other intellectual property

As between you and Livin' Beach, you acknowledge that Livin' Beach owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

5. Trademarks and third-party trademarks

The following are registered trademarks or trademarks of Livin' Beach: Livin' Beach and its design logo, as well as certain other Livin' Beach trademarks, service marks, graphics, and logos (collectively, the "Livin' Beach trademarks") used in connection with Livin' Beach' provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Livin' Beach trademarks or the trademarks of any third party.

6. Privacy policy

Unless otherwise addressed in this agreement, your use of this site is subject to Livin' Beach's privacy policy, posted on this site, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Livin' Beach's privacy policy. Livin' Beach may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this site.

7. Submissions or other information

If you submit to us or post on the site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a "submission") including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

8. Term

This agreement will remain effective until terminated by you or terminated by us.

9. Disclaimers

9.1 We obtained the information herein from sources that we believe to be reliable. However, we have not verified the accuracy and make no guarantee, warranty or representation about it. The information submitted is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. We show forecasts, opinions, assumptions or estimates for example only, and they may not represent current or future performance of the property. It is recommended that tax and legal advisors should conduct investigation of the property and transaction. Please read carefully

9.2 The site (including all of its content) is provided to you "as is." Any use of this site is at your own risk. To the maximum extent permitted by applicable law, Livin' Beach disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Livin' Beach makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Livin' Beach disclaims any liability relating thereto.

9.3 Livin' Beach makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Livin' Beach may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If Livin' Beach elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.

9.4 All property listing information contained within this site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. It is recommended that tax and legal advisors should conduct investigation of the property and transaction concerning any property listed on this site.

9.5 You acknowledge that your submission of any information to us is at your own risk. Livin' Beach does not assume any liability to you with regard to any loss or liability relating to such information in any way.

9.6 Some of the content, products, and services available through the Livin' Beach site may include materials that belong to third parties. You acknowledge that Livin' Beach assumes no responsibility for such content, products or services.

10. Limitation of liability

In no event will Livin' Beach be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Livin' Beach has been advised of the possibility of such damages. No oral or written information or advice given by Livin' Beach or others will create a warranty and neither you nor any third party may rely on any such information or advice.

11. Indemnity

You will indemnify and hold Livin' Beach, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.

12. General

12.1 You will be responsible for providing the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and use the site.

12.2 Livin' Beach complies with all applicable laws, including, but not limited to, privacy with respect to the sale or lease of real property. You agree that you will comply with all such laws applicable to you.

12.3 Livin' Beach or its business partners may present advertisements or promotional materials on or through the site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Livin' Beach is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.

12.4 If you know of, or suspect, copyright infringement, please send a notice to a d m I n @livinbeach.com (without spaces) with the subject line "Infringement".

12.5 This agreement will be governed by the laws of Thailand. The exclusive jurisdiction for any claim, action or dispute with Livin' Beach or relating in any way to your use of the site will be in the courts of Thailand and the venue for the adjudication or disposition of any such claim, action or dispute will be in Bangkok, Thailand.

12.6 Livin' Beach may send notices to you with respect to your use of the site by sending an email message to the email address listed in your account information, or by posting a note on the site. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

12.7 General contact information. For questions regarding this site or your use of this site, please email us at a d m I n @livinbeach.com (without spaces).

You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

13. Entire Agreement

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Livin' Beach, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

Any rights not expressly granted herein are reserved by Livin' Beach Co., Ltd.