THIRD DIVISION
DECISION
MENDOZA, J.:
This is a petition for certiorari under Rule 65 of the Rules of Court seeking to nullify and set aside the August 5, 2011 Resolution 1 and December 6, 2011 Resolution2 of the Court of Appeals (CA). in CA-G.R. SP No. 03951-MIN. The first resolution granted the motion for partial reconsideration of private respondent Benjamin C. De Guzman (Du Gu:::man), praying for the imposition of treble costs against petitioner City of Davao (Davao City). The second resolution denied the motion for reconsideration of Davao City.
The Factual and Procedural Antecedents
...
This agreement is between Mylegalwhiz and you as Subscriber who declares that he/she is of legal age and otherwise authorized and qualified to enter into a binding agreement with Mylegalwhiz.
By accessing your account ("Account") in MyLegalWhiz (https://web.mylegalwhiz.com) or by using or continuing to use the MyLegalWhiz service(s), this agreement is valid and in effect. Usage of Service includes all content and functionality available through the MyLegalWhiz website.
The Subscriber agrees to provide MyLegalWhiz with accurate email address and contact information. MyLegalWhiz shall not share, rent, sell, or trade Subscriber information. The Subscriber shall be entirely responsible for maintaining the confidentiality of their passwords and account data.
The Subscriber is entirely responsible for any and all activities that occur within the Subscriber's account. MyLegalWhiz shall not be held accountable or liable for any correction, deletion, loss, destruction, or failure to store any data or information owned or submitted by Subscriber.
The Subscriber, and employees or agents, will not use the MyLegalWhiz Service in any way to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. The Subscriber agrees to defend, indemnify, and hold MyLegalWhiz harmless against any claim or action, civil or criminal that arises from the Subscribers use of the Service in any manner.
Subscriber acknowledges, and agrees, that the MyLegalWhiz service uses proprietary software owned by MyLegalWhiz, and the Subscriber is being granted an individual, non-exclusive, non-transferable license to use the software subject to the terms and conditions of this agreement.
The Subscriber acknowledges, and agrees, that MyLegalWhiz retains exclusive ownership throughout the world of its software, including portions or copies, and all rights not expressly granted to the Subscriber are reserved by MyLegalWhiz.
MyLegalWhiz shall have a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber relating to the operation of the Services.
