Terms and Conditions
Where East-West Property Advisors has provided you with a translation of the English-language version of the Terms and Conditions, you agree that the English-language version shall govern your relationship with East-West Property Advisors provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.
East-West Property Advisors Limited ("EWPA" or "East-West Property Advisors") reserves the right to change this policy at any time without notice.
NO DETERMINATION OF SUITABILITY, NOT ALL RISKS ARE DISCLOSED, PRIVATE ADVISORS SHOULD BE CONSULTED
The fact that EWPA has made the data and services provided on this Web site and via our communication (e.g. email, telephone) to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product or service described on this Web site or in our communication is suitable or appropriate for you. Many of the products and services described on this Web site or in our communication involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product or service should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, legal, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
NO FINANCIAL OR INVESTMENT ADVICE PROVIDED
East-West Property Advisors Limited is a professional consulting firm providing advice and information on real estate in the United States of America (USA) and is collaborating with specialists in the travel industry and real estate industry to coordinate home-buying trips. We provide you with general information and materials for you to read. East-West Property Advisors is not an financial/investment advisor and cannot provide you with specific financial or investment advice, recommendations, or counseling under any circumstances. East-West Property Advisors Limited and its employees, agents, representatives, sales associates and advisors are not acting as your financial/investment advisor and therefore no financial/investment advisor-client relationship exists. This website should not be used as a substitute for financial or investment advice from a financial or investment advisor and you should consult with financial or investment advisor if you need financial or investment advice. You are solely responsible for your conclusions, direction, order, and actions while using these services.
NO LEGAL OR TAX ADVICE PROVIDED
EWPA is a professional consulting firm providing advice and information on real estate in the United States of America (USA) and is collaborating with specialists in the travel industry and real estate industry to coordinate home-buying trips. We provide you with general information and materials for you to read. East-West Property Advisors is not a legal or tax advisor and cannot provide you with specific legal or tax advice, recommendations, or counseling under any circumstances. EWPA and its employees, agents, representatives, sales associates and advisors are not acting as your legal or tax advisor and therefore no (tax) lawyer-client relationship exists. This website should not be used as a substitute for legal or tax advice from a lawyer and you should consult with legal or tax advisor if you need legal or tax advice. EWPA is a professional consulting firm providing advice and information on real estate in the United States of America (USA) and is collaborating with specialists in the travel industry and real estate industry to coordinate home-buying trips. You are solely responsible for your conclusions, direction, order, and actions while using these services.
TERMS OF SERVICE
These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your use of the Web site and the services and materials offered thereon (the "Service") which are offered to you by EWPA . BY USING THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED A PAPER AGREEMENT. If you do not agree to be bound by the terms and conditions of this Agreement, please discontinue your use of the Services provided.
1. RESTRICTIONS ON USE
You will be provided with services that may include information, editorial content, chat rooms, blogs, links to other Web sites and home-buying trips that EWPA may decide to offer, subject to the terms hereof. EWPA may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Service, at any time in East-West Property Advisors' sole discretion and without prior notice or liability. The Service is owned and operated by EWPA and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by EWPA and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service ("Material"). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by East-West Property Advisors and EWPA does not transfer title to any such Material to you.
2. RULES AND GUIDELINES
East-West Property Advisors may choose to send you e-mail newsletters on a variety of topics - for example, informing you of market trends, home-buying trips and other related features or with services offered by East-West Property Advisors, or presenting you with the opportunity to buy selected products and services. You may stop receiving such e-mail newsletters at any time by contacting us.
(C) RULES FOR USE OF SERVICE
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do: (i) submit complete, true and correct personal information to EWPA when placing an order for Service; (ii) agree to abide by the laws of the United States of America (USA); (iii) agree not to engage in any illegal activities during your home-buying trip; (iv) agree to obtain a valid visa to enter the USA prior to joining any home-buying trip organized by EWPA; (v) agree to return to your home country after completion of the home-buying trip in the USA
(3) Content on the Service.
Some Communications that are posted on our Internet blog are provided by users such as you who are unaffiliated with East-West Property Advisors, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not East-West Property Advisors, are entirely responsible for all Communications that you upload, post, email or otherwise transmit. You understand that by using our Internet blog, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will East-West Property Advisors be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
East-West Property Advisors welcomes your comments regarding our programs and services. East-West Property Advisors' company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions, or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of East-West Property Advisors, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to East-West Property Advisors. Disclosure, submission, or offer of any Comments shall constitute an assignment to East-West Property Advisors of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. East-West Property Advisors may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to East-West Property Advisors and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. East-West Property Advisors is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. East-West Property Advisors will not be 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 merchants on the Service.
East-West Property Advisors HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER East-West Property Advisors, OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EWPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. East-West Property Advisors DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EWPA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL East-West Property Advisors, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, EWPA'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EWPA OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EWPA OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless East-West Property Advisors, its affiliates and their respective directors, officers, employees, partners and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
East-West Property Advisors may, in its sole discretion, terminate your use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification, (ii) permitting another person or entity to use your user identification to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, or (iv) any violation of the terms and conditions of this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which East-West Property Advisors may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to East-West Property Advisors and its licensors.
East-West Property Advisors Limited, the East-West Property Advisors logo are the property of East-West Property Advisors Limited., and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of East-West Property Advisors or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
EWPA does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.
East-West Property Advisors reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong, regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by East-West Property Advisors to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of East-West Property Advisors. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
In the event any of the provisions of this agreement are deemed to be un enforceable by a court of law, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
15. DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and the member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
16. ORDER AND ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. EWPA reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
17. ADDITIONAL INFORMATION
EWPA will not assume any responsibility for any changes to the home buying trip (such as departure, schedule, duration and return) due to strikes, bad weather or any force majeure.
EWPA will not assume any responsibility for any delays or changes to flights
Traffic jams, strikes, or other events might cause changes to schedule and apartment visits and EWPA will not assume responsibility
EWPA will not assume any responsibility for visa processing delays or visa refusals. The client is solely responsible to perform all necessary steps to obtain a valid visa to enter the United States of America
Clients are required to buy their own personal and health insurance for travel. EWPA will not assume any responsibility in case of a catastrophe, accident, death or sickness of a client
EWPA will not assume any responsibility for the damage or loss of any personal items and belongings during the home-buying trip. EWPA is suggesting clients to buy their personal insurance to cover any theft or loss of personal items.
18. REFUND POLICY
As we will make significant financial commitment for flight arrangements and hotels, East-West Property Advisors does not allow refund of the fees. However, in certain cases, a refund of the hotel cost and some service fees could be possible prior to departure. EWPA and its travel partner will work with our client to try to obtain refund of the hotel cost by contacting the hotel in which the client had been booked. If refund can be obtained from the hotel, the refund will be made to the client. All bank transfer fees or costs associated with the refund shall be borne by the person requesting the refund. There will be no refund of flight tickets, surcharges, taxes and handling charges once booked.
19. ENTIRE AGREEMENT
You agree that this agreement is the complete and exclusive agreement between you and EWPA. This agreement supersedes any agreement and understanding, whether oral or written and whether established by practice or precedent.