TERMS AND CONDITIONS
Welcome to BelgraviaRE
These terms and conditions outline the rules and regulations for the use of BelgraviaRE's Website, located at https://www.aprilelaurarealty.com/.
The following Terms of Use are entered into by and between you and BelgraviaRE (“BelgraviaRE” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the BelgraviaRE website at aprilelaurarealty.com.
For the avoidance of doubt, your use of certain areas, services or features of the Digital Platform may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature.
We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the BelgraviaRE site. It is your responsibility to periodically check the Terms of Use.
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1. Electronic Communication.
When you access or use the Digital Platforms, provide your e-mail address to a BelgraviaRE representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
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2. Proprietary Rights.
As between you and BelgraviaRE, BelgraviaRE owns, solely and exclusively, all right, title and interest in and to the Digital Platform and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platform; the compilation of the content, code, data and materials in the Digital Platform; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platform does not grant to you any right, title or interest in any element thereof, and BelgraviaRE (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
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3. Limited License.
Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platform for internal purposes of (a) accessing and viewing the content on the Digital Platform on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platform. The Digital Platform and the services offered on or through the Digital Platform, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use. The Digital Platform is not directed to children younger than 13 and are offered only to users 13 years of age or older.
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4. Prohibited Use.
Any commercial distribution, publishing, use or exploitation of the Digital Platform or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platform), is strictly prohibited unless you have received the express prior written permission of BelgraviaRE or the applicable rights holder.
Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platform or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platform) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platform or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platform) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platform except as interpreted and displayed in a web browser).
As a condition of your access to and use of the Digital Platform, you agree that you will not use the Digital Platform or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platform from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platform and the various services and features offered on or through the Digital Platform, you shall not:
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(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
(c) insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platform; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
(d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platform or through the Digital Platform or the services offered on or through the Digital Platform;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by BelgraviaRE through any means, including through password mining;
(f) use the Digital Platform or any services, content, functions, information, materials or products available through the Digital Platform in violation of BelgraviaRE or any third party's intellectual property or other proprietary or legal rights;
(g) frame or link to the Digital Platform without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;
(h) use the Digital Platform or any services, content, functions, information, materials or products available through the Digital Platform for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
(i) engage in activities, or use the Digital Platform or any services, content, functions, information, materials or products available through the Digital Platform, in a manner that could damage, disable, overburden, or impair the Digital Platform or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party's use and enjoyment of the Digital Platform;
(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of BelgraviaRE or any third party; or
(k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platform or any services, content, functions, information, materials or products available through the Digital Platform.
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5. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on or in connection with the Digital Platform (or on content available on the Digital Platform) and all rights therein belong to BelgraviaRE,or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by BelgraviaRE or the applicable Trademark owner.
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6. User Information; Account Registration. In the course of your use of the Digital Platform, you may be asked to provide certain personal information to us ("User Information”), including if you choose to register a user account on the Digital Platform. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant BelgraviaRE Privacy Policy which are incorporated herein by reference.
We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORM AT ANY TIME OR IN ANY MANNER.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
You may register for an account on the BelgraviaRE Website. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party.
You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platform.
Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by BelgraviaRE and others due to any unauthorized use of your account.
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7. Submitted Materials.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platform, by e-mail or in any other way.
Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant BelgraviaRE Privacy Policy. By submitting or sending Submitted Materials to us, you:
(a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived,
(b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights)
(c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
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8. Linking to the Digital Platform.
You agree that if you include a link from any other web site to the Digital Platform, such link shall: (i) not contain any logos, but rather should merely read "BelgraviaRE" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platform.
You are not permitted to link directly to any image hosted on the Digital Platform or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site.
You are permitted to link directly to videos hosted on the Digital Platform only with proper credit to BelgraviaRE, and you may not alter the videos in any way.
You agree not to download or use images hosted on the Digital Platform on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platform in any manner such that the Digital Platform, or any page of the Digital Platform, is "framed," surrounded or obfuscated by any third party content, materials or branding.
We reserve all of our rights under the law to insist that any link to the Digital Platform be discontinued, and to revoke your right to link to the Digital Platform from any other web site at any time upon written notice to you.
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9. Indemnification.
You agree to defend, indemnify on demand and keep BelgraviaRE and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your use of or reliance on the Digital Platform or any services, content, functions, information, materials or products available through the Digital Platform, (b) your purchase or use of any products through the Digital Platform, (c) your placement or transmission of any message, content, information, software or other materials through the Digital Platform, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use.
We will provide notice to you promptly of any such claim, suit, or proceeding.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
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10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORM IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORM AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORM ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORM, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH BELGRAVIARE OR ITS AGENTS.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORM.
THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:
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(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORM WILL MEET YOUR EXPECTATIONS;
(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;
(C) THE DIGITAL PLATFORM OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORM WILL BE CORRECTED;
(E) THE DIGITAL PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.
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11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT,
(B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORM,
(C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS;
(D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS;
(E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR
(F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY EUROS (€50.00).
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12. Dispute Resolution.
EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND BELGRAVIARE THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE ITALIAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN MILAN,ITALY. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND BELGRAVIARE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND BELGRAVIARE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
YOU UNDERSTAND THAT YOU AND BELGRAVIARE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
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13. Local Standards.
We do not represent or warrant that the Digital Platform or any content, materials, information, functions or products available through the Digital Platform are appropriate for use in all locations. Persons who choose to access the Digital Platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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14. Termination.
Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platform at any time, and/or block or prevent future access to and use of the Digital Platform, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platform, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.
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15. Miscellaneous.
The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the BelgraviaRE Website by reference. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Milan, Italy, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State Milan.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of BelgraviaRE specifically referencing these Terms of Use.
Any waiver of any provision of these Terms of Use by BelgraviaRE must be made in writing and signed by an authorized representative of BelgraviaRE and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Sotheby's successors, assigns and licensees. There are no third party beneficiaries to this Agreement.
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16. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:
BelgraviaRE
Via Barbara Melzi 170 Legnano, MI
Last Modified: October 27, 2023
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