Terms and Conditions
By using or accessing EcoCostaRicaTravel.com (referred to hereinafter as the "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (collectively, the "Terms"). If you do not fully agree to these Terms and any other terms and conditions posted or linked to the Site, you are not authorized to access or otherwise use the Site. Please read the Terms carefully. The Terms constitute a legally binding agreement between you and us.
a. Site: The website EcoCostaRicaTravel.com and includes, without limitation, any cached version thereof. Under these Terms, the owners and operators of the Site may be referred to as "we" or "us."
b. Access or use: Of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained.
c. User: Persons who access or use the Site. Users must be at least 18 years of age and able to enter into legally binding contracts, otherwise they are not authorized to use this Site. Users include EcoProviders and EcoTravelers. Under these Terms, Users may be referred to as "you."
d. EcoProvider: Owners, managers, and agents of hotels, inns, hostels, bed & breakfasts, homes, or other lodgings, restaurants or other eateries, recreational facilities and activities, parks, preserves, gardens, tours, or other experience providers.
e. EcoTraveler: Consumers wishing to find eco-friendly services for their personal use during their travels in Costa Rica.
f. Services: The offerings and promotions of EcoProviders on this Site.
2. The Site is a Venue and We are Not a Party to any Transaction Between or Among Users.
Each User is responsible for his/her own use of the Site and any transaction entered into as a result of use of the Site. We do not own or manage, nor can we contract for, any vacation rental property or any other Services listed on a Site. The Site acts as a venue to allow EcoProviders to advertise on the Site to offer their Services in a variety of pricing formats, In connection with some Services, we may also offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.
Even if the Site allows you to offer or book a rental or other Service on the Site, we are not a party to any rental or other agreement between Users.
As a result, any part of an actual or potential transaction between an EcoTraveler and an EcoProvider, including the quality, condition, safety or legality of the Services advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of EcoProviders to rent a vacation property or offer a Service, and the ability of EcoTravelers to pay for Services are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to making a booking or purchasing a product or Service and the EcoProvider may place additional restrictions on your booking, product or Service.
Responsibility for applicable laws, rules and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, Service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
EcoProviders further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of their Services and the conduct of their business, including but not limited to taxes, permit or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.
Travel Advisories: Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit prior to booking and to review travel prohibitions, warnings, announcements and advisories issued by the United States and/or Costa Rica governments. Information may be found at: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
3. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a vacation rental property or other Services, searching for a vacation rental property or other Services, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or Services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
4. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
- Any commercial use (other than by members with a fully paid up subscription in good standing (a "valid subscription") or by members pursuant to a valid license to software offered on a Site (a "valid license")) of the Site or any content on the Site.
- Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property or Service other than a property or Service listed under a valid subscription;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep-link to any portion of the Site without our express written permission;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
- Use the Site and its inquiry functionality other than to advertise and/or research vacation rentals or other Services, to make legitimate inquiries to our members or any other use expressly authorized on the Site;
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
- be false or misleading;
- be obscene, abusive, discriminatory or contain illegal content;
- infringe on anyone's rights, violate the law or otherwise be inappropriate;
- include personal information that can be used to identify or contact any person;
- include content that would promote other websites, businesses, services or products
- (i) The information or content that are a part of your Social Media Site profile, which you have designated as "public" (or a similar designation) (with such information or content and referred to herein as "Social Media Content") may be accessed and used by us in connection with the Site;
- (ii) The Social Media Content will be considered "user generated content" under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms;
- (iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.
5. Proprietary Rights and Permission to Download Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us. As part of the rental or Service inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
7. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User's purported identity. We encourage you to communicate directly with an EcoTraveler or EcoProvider through the tools available on the Site though even this does not assure you of the identity of the person with which you are communicating.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER AC
KNOWLEDGES AND AGREES THAT: (1) THIS SITE HAS NO LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THIS SITE AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner. 8. Communication Limitations and Use of Other Users' Information; No Spam. You agree that, with respect to other Users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using Services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site (such as inquiring about or booking an on-line booking or charging a personal credit card). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without both our consent and the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users' personal information with the same degree of care that you protect your own confidential information (using, at a minimum, a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a vacation property or purchased a Service from you or to you, to your mailing list (email or physical mail) without the User's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site. 9. Responsibility for Property Listings, Reviews and Other User-contributed Content; Participation in Interactive Forums.
We have no duty to pre-screen content posted on the Site by EcoProviders, EcoTravelers or other Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User (including, without limitation, property listings, reviews of a rental property or other Service, participation in an interactive community, forum or blog or any other content provided by a User to the Site) (collectively, "user-contributed content"). We are not responsible for user-contributed content. User-contributed content also includes information that a User provided to a third party website which is then provided to our Site by a tool we offer.
We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our content guidelines, any other guidelines posted on the Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a User or any third party, that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right (but do not assume the obligation) to edit an EcoProvider's content or user-contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
At a minimum, user-contributed content must not:
unaffiliated with this Site without our express permission. Services Offerings: All property listings or other Services displayed on the Site are the sole responsibility of the EcoProvider (who may be the owner or a duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the Service offerings, listings, property or Service reviews, guest book entries, or any alleged breaches of contract on an EcoProvider's part. EcoProviders are solely responsible for keeping their Service information up-to-date on the Site, including, but not limited to any and all representations about any property or Service, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, Service reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective EcoTravelers have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to EcoProviders to create or improve the quality of their property listings or Service offerings. However, we assume no responsibility to verify property listings or Services. EcoProviders are solely responsible for ensuring the accuracy of any property or other Service descriptions, and EcoTravelers are solely responsible for verifying the accuracy of such descriptions.
Responsibility for All Other User-Contributed Content: All other user-contributed content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content.
Each User represents and warrants that the User owns or otherwise controls and have all legal rights to the User's submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
License and Rights Granted to Us: By submitting or authorizing user-contributed content, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business. Notwithstanding the foregoing, following the termination or expiration of a Service subscription, we will not continue to display the user-contributed content that was displayed in such listing or Service offering. You further grant us the ability to copyright and protect the user-contributed content, including the images, copy, and content available via any EcoProvider's listing or offering, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us - at our expense and control - to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the EcoProvider's Service offering or otherwise provide promotional or other services related to our business. Further, each EcoProvider agrees that we may reproduce in whole or in part any photographic material supplied by such EcoProvider in the promotion of either such EcoProvider's property, Service or the promotion of the Site.
In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook, Twitter or another third party website (each a "Social Media Site") and you decide to use such a tool or service, you acknowledge and agree that:
11. Translations and Maps.
If any user-contributed content created by Users is translated for display on the Site, the User is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the User, any translation services are offered by us free of charge. Some maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html. Other maps provided on the Site have been developed by us, and they are subject to our Terms as herein provided.
12. No Copyright Infringement.
We respect the intellectual property rights of others, and we do not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. We will terminate, in appropriate circumstances, a User who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please contact us.
13. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, Users may submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become our property, without any compensation to you; (2) we may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for us to review any submission; and (4) there is no obligation to keep any submission confidential.
Feedback on our Business: We welcome your feedback regarding our Site and business. Please provide only specific feedback on our Site and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.
To provide feedback, you can contact us as provided under "Contact Us" in the General section of these Terms.
14. Software Available on the Site.
The Site is controlled and operated by us in the United States. Software available on the Site (the "Software") is subject to United States export controls. No Software available on the Site may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. All Software is our own copyrighted work or that of an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
15. Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
16. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF AN ECOPROVIDER, BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS OR OTHER SERVICES, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER SERVICE TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR SERVICE, OR THE TRUTH OR ACCURACY OF ANY LISTING OR OFFERING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION, SERVICES OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND WE ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
18. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US, EACH OF OUR AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD US (INCLUDING OUR AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
19. Jurisdiction; Choice of Law and Forum; Time Limit.
THIS SITE IS OPERATED BY US IN THE UNITED STATES AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN SAN DIEGO COUNTY, CALIFORNIA, WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
20. Eco-Traveler Reservation Booking and Cancellation Policy
Should you decide to reserve some or all of your visit with one or more of our Eco-Providers, we will accommodate the booking process through EcoCostaRicaTravel.com. Simply complete the "Search" box found on our Home Page to get started. To reserve your vacation stay, payment in full is required. Your payment will include the full rental amount. However, it does not cover any standard local occupancy, tourist or similar taxes, which may vary by region, collected by the Eco-Provider to be remitted to the local governments.
If your plans change:
Travel reservations made through EcoCostaRicaTravel.com are subject to the EcoCostaRicaTravel.com cancellation policy. In the event that you cancel your reservation 30 days or more prior to scheduled arrival date, you will receive a refund of 88% of your total payment. EcoCostaRicaTravel.com will retain 12% as its earned reservation booking fee. In the event that you cancel your reservation less than 30 days prior to the scheduled arrival date, you will forfeit one-half of your payment of the room cost and you will receive a refund of one-half of your payment within 45 days of your electronic cancellation notification date.
21. Responsibility for Property and Traveler Liability
We do not provide liability insurance protection for EcoProviders or EcoTravelers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. EcoProviders agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties or other Services they list or offer on the Site prior to the arrival of their first EcoTraveler and will maintain adequate insurance coverage through the departure date of any EcoTraveler they have obtained via our Site. Further, EcoProviders agree to provide us with copies of relevant proof of coverage upon request.
Changes to the Site or to these Terms: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.
This version of the Terms became effective on the date set forth below and this version amends any previous version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the end of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as an EcoTraveler, or any other User other than an EcoProvider, is to discontinue your use of the Site, and (ii) your sole remedy as an EcoProvider is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When EcoProviders renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by the terms and conditions of such program, product or service.
Subscription rates are set at the time of an EcoProvider's subscription or renewal, as applicable. Such rates are subject to change without notice or approval. The rates in effect at the time of the EcoProvider's next subscription renewal, new listing or an EcoProvider's upgrade or any other additional or new order of any product or service will govern for such renewal or other order.
The types of products and services (including the features, terms and operation thereof) offered at the time of an EcoProvider's subscription are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. See also the section below relating to auto renewal of subscriptions. Your Record of These Terms: We do not separately file the Terms entered into by each User of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Enforcement of These Terms: We may immediately terminate any User's access to or use of the Site due to such user's breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach. No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Contact Us: To contact us for any reason, Users can email us at: email@example.com.
Notices: When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address. Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. EcoProvider Additional Terms and Conditions In addition to being bound by the Terms set forth above, EcoProviders who purchase subscriptions to advertise a property or Service on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a subscription.
23. Member Eligibility; Accuracy of Information; Representations.
Our services may only be used by EcoProviders who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each EcoProvider represents and covenants that all information submitted to us and to the Site during such EcoProvider's registration with the Site shall be true and correct. Each EcoProvider further agrees to promptly provide notice to the Site by contacting us as provided above under "General - Contact Us" regarding any updates to any such contact information previously submitted by such EcoProvider to the Site. Each EcoProvider agrees to promptly provide such proof of personal identification, proof of ownership of the property or Service listed on the Site, and proof of authority to list the property or offer the Service as we may request. Each EcoProvider further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed or to offer the Service; (ii) it will not wrongfully withhold a rental or other deposit in breach of the underlying rental or Service agreement; (iii) it will accurately describe the rental property or Service and will not fail to disclose a material defect in, or material information about, a rental property or Service; (iv) it will not wrongfully deny access to the listed property or Service; and (v) it will not fail to provide a refund when due in accordance with the underlying rental or Service agreement.
24. Content, Layout and Copy.
All content and copy edits submitted by EcoProviders are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any EcoProvider. All content must meet these Terms. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. EcoProviders are responsible for reviewing and ensuring that any content displayed on the Site appears as the EcoProvider intended.
Any printed (paper based) photographs submitted by an EcoProvider will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the vacation rental or other Service as the main subject of the photograph and may not include children or adults if you do not have their legal consent or if the photograph contains information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our content guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the EcoProvider represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement; (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site; (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph; and (d) that it will indemnify and hold harmless the Site from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the EcoProvider's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The EcoProvider warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Further, each EcoProvider agrees that we may reproduce in whole or in part any photographic material supplied by such EcoProvider in the promotion of either such member's property or Service or the promotion of the Site.
26. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from EcoProviders' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
27. Use of Our Servicemark or Logo.
There are limited ways in which you may use our servicemark or logo without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to our Site in a descriptive manner in your Service listing or offering on the Site or in other permissible communications. For example, you may say "We list vacation rental properties on EcoCostaRicaTravel.com" or "Check out our vacation excursion packages on EcoCostaRicaTravel.com." However, you may not refer to our Site in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by us. You may not use the EcoCostaRicaTravel name or logo on any other website that lists your Service without our prior written authorization. The EcoCostaRicaTravel.com name and logo are our exclusive servicemarks in the United States and other jurisdictions around the world. We generally do not permit the use of our name and logo, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may email us. See Contact Us under the General section of these Terms.
28. Termination or Transfer of Listings or Offerings
Our Right to Terminate a Listing or Offering: If, in our sole discretion, any EcoProvider submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms or its obligations, we reserve the right to terminate such EcoProvider's subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding an EcoProvider's vacation rental listing, Service offering or rental or business practices that, in our sole discretion, warrants the immediate removal of such EcoProvider's listing or offering from the Site, then we may immediately terminate such EcoProvider's subscription(s) without prior notice to the EcoProvider and without refund. We assume no duty to investigate complaints. Finally, if any EcoProvider is abusive or offensive to any employee or representative of the Site, we reserve the right to terminate such EcoProvider's subscription(s) immediately without refund.
Transfer of Listing: No property listing or other Service offering may be transferred to another party without our prior written consent. In the event of a pending transfer of rental property or other Service, please contact us in accordance with the General, Contact Us section of these Terms. Terms effective date: May 10, 2014