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Terms Of Use

IMPORTANT NOTICE: THIS WEB SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THES TERMS AND CONDITIONS.     PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR CONTINUED USE OF THIS WEB SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPLY EXIT THIS SITE.

These Terms and Conditions of Use (the “Terms and Conditions”) govern your use of the thecostaricateam.com web site provided by The Costa Rica Team, S.A., (referred to as “The Costa Rica Team,” “we,” “us” or “our” herein) including without limitation use of all services, content, data, images, information and other materials posted on or available through this web site (collectively, the “Site”).  These Terms and Conditions are in addition to any other agreement you may have with The Costa Rica Team, including any agreement governing your use or your organization’s use of The Costa Rica Team’s products or services (e.g., The Costa Rica Team’s process for investing in, developing, marketing and selling real estate in Costa Rica).  In the event of a conflict between these Terms and Conditions and any such separate agreements, the separate agreements shall govern.  Certain areas of the Site and use of data, content or services made available through the Site may be subject to additional terms and conditions provided in connection with those areas or use of the data, content or services.

By accessing, viewing, or using this Site, you indicate that you understand and intend to be bound by the following Terms and Conditions and by our Privacy Policy.  You agree that each are the legal equivalent of a signed, written contract and are equally binding.  Please note that we reserve the right to change the Terms and Conditions and Privacy Policy under which this Site and its offerings are extended to you.  Your continued use of this Site following such modifications will be conclusively deemed acceptance by you of any changes to the Terms and Conditions and/or Privacy Policy.

Grant of Right: The Costa Rica Team hereby grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions.  As a condition of your use of this Site, you warrant to The Costa Rica Team that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.  You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site, except to the extent permitted by applicable law.  If you breach any of these Terms and Conditions, your authorization to use this Site shall automatically terminate.  Furthermore, we reserve the right to terminate your authorization to use this Site at any time for any reason.

The contents of the Site may not be distributed, modified, reproduced or used, in whole or in part, without the prior written consent of The Costa Rica Team, except that you may download content from the Site to any single computer, provided you keep intact all copyright, trademark and other proprietary notices.  Except as provided in these Terms and Conditions, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.

Copies of These Terms and Conditions; Updates: You may print a copy of these Terms and Conditions using the print button or feature in your browser.  We suggest retaining a copy for your future reference.  You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions.  It is your responsibility to periodically visit the “Terms and Conditions” link on the Site to review the most current version of the Terms and Conditions.  You may use your browser to print copies of any undated Terms and Conditions.

Accuracy and Integrity of Information. We cannot and do not assume responsibility for any errors or omissions with respect to the Site or these materials.  We further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site or these materials.  We may make changes to these materials, or to the products or services described herein, at any time without notice, and make no commitment to update the information contained herein.  If you become aware of an error, please contact us.  The Site and its contents are a supplement to and do not replace your own due diligence efforts.

Ownership: The Site is owned and operated by The Costa Rica Team.  All services, content, data, information and other materials on or directly accessible from the Site are owned by The Costa Rica Team, its subsidiaries, affiliates, licensors and/or vendors.  The Site is protected by United States and international copyright and trademark laws.  Any rights not expressly granted by these Terms and Conditions or any other agreements with The Costa Rica Team are reserved by The Costa Rica Team and/or its vendors and licensors.  Any copies that you make of materials or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content.

No Framing: You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without The Costa Rica Team’s written consent.

Jurisdictional Issues: This Site is controlled and operated by The Costa Rica Team from its offices within the Province of Puntarenas, Costa Rica.  The Costa Rica Team makes no representation that materials on the Site are appropriate or available for use in other locations.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.  Any software from this Site is further subject to United States export controls and, potentially, the import laws of your jurisdiction.  No software from this Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws.  By downloading or otherwise using Software from this Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.  [Any use of downloaded software by the U.S. Government, including but not limited to any Educational Institutions under its jurisdiction or under the corresponding States’ jurisdiction, is subject to ‘restricted rights’ as that term is defined in FAR 52.227-19(c)(2) or DFAR 252.227.7013(c)(1) (if used in a defense related agency).

Our Intellectual Rights: All material contained on this Site is protected by law, including but not limited to, United States trademark and copyright law, as well as state, national, and international laws and regulations.  We own a copyright in the Site as a collective work and/or compilation, and in the selection, arrangement, enhancement, and coordination of the content on this Site.  Unless otherwise indicated, all content on the Site is copyrighted by us, with all rights reserved.

The Costa Rica Team, S.A. and other names of The Costa Rica Team’s products and/or services included on the Site are the trademarks and service marks of The Costa Rica Team.  Except as expressly provided herein, we do not grant any express or implied right to you to use any copyright, trademark, service mark, logo, and/or trade name that appears on the Site.  The Costa Rica Team’s trademark and service marks may not be used in connection with any product or service that is not The Costa Rica Team’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Costa Rica Team.  All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.  The Costa Rica Team does not make any claims to the marks of others which might appear on the Site.

Your License to Us: Unless otherwise indicated in this Site, including our Privacy Policy or in connection with one of our services, any communications or material of any kind that you e-mail, post or  transmit through the Site (excluding personally identifiable information of users and data submitted to the Site), including your questions, comments, suggestions and other information (your “Communications”) will be treated as non-confidential and non-proprietary.  You grant The Costa Rica Team a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose and otherwise use your Communications on the Site or elsewhere for our business purposes.  We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use or products and services based on the Communications.

Acceptable Use Policy: You agree not to do the following:

  • Use the Site for any unlawful purposes.
  • Restrict or inhibit any other user from using the Site.  This includes, without limitation: (a) using, or attempting to use, any account without the user’s permission, (b) obtaining or soliciting another user’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Us, the Site’s systems, or other entities.
  • Interfere (or attempt to interfere) with the operation of the Site.  This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access; and/or (c) modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.  Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
  • Store or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
  • Store or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes.
  • Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
  • Use the Site to store, or transmit materials in violation of another party’s copyright or other intellectual property rights.  You are solely responsible for determining whether any material you store or transmit is subject to a third party’s rights.
  • Misuse any e‑mail information available on or through the Site.  This includes, without limitation, sending unsolicited commercial e‑mail to any User, bulk e‑mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions.

 

The Costa Rica Team reserves the right at all times to disclose any information as necessary to satisfy any law, regulations, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in The Costa Rica Team’s sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions.  The Costa Rica Team reserves the right to immediately suspend your access to the Site in the event of any violation of this provision.

User Name, Profile Name and Passwords: Your use of certain portions of this Site may require registration and the designation of a user name, profile name and associated passwords (collectively
“IDs”).  By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective IDs, as well as for any communications entered through the Site using your IDs.  You must also immediately notify us if you become aware of any unauthorized use, loss or theft of your IDs.  We reserve the right to delete or change your IDs at any time and for any reason.

Privacy Policy: We respect the privacy of Our Users.  Please see our PrivacyPolicy for a summary of our policies and practices regarding collection and use of non-public personal information.  By using this Site, you consent to our collection and use of personal data as outlined therein (these Terms and Conditions shall apply to and govern any disputes or claims relating to the Privacy Policy).

Confidentiality of Site. While We endeavor to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed.  Accordingly, We and our Affiliates are not responsible for the security of any information transmitted via the Internet.  You assume the sole and complete risk for using this Site.

Third Party Information and External Hyperlinks: Certain information from third parties or independent information providers may be made available on or through links from this Site for your convenience in locating related information and services.  Such information is provided “as is” and on an “as available” basis and is maintained by third parties over which we exercise no control.  We make no representation about, nor do we guarantee or endorse the reliability of the information.  Likewise, we do not endorse, oppose or edit any opinion or analysis expressed by any third party information provider. 

WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD PARTY SITE.

We do not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party web sites.  Use of third party sites is at your own risk and you are solely responsible for complying with all terms and conditions of use for the third party sites.   An external hyperlink to a third party web site does not imply that The Costa Rica Team is affiliated with or sponsor’s the third party’s web site.  You acknowledge that The Costa Rica Team shall have no liability for any damages or loss arising from your access to, use of or reliance on any third party site, software, data or other information.

No Warranty: THE SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”.  HOME HEALING DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS.  HOME HEALING DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HOME HEALING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRIGEMENT, CONFORMITY TO ANY REPESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: NEITHER HOME HEALING, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND WHETHER IN TORT OR CONTRACT (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE AND LOST PROFIT DAMAGES) ARISING FROM YOUR USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN, EVEN IF HOME HEALING OR ITS REPRESENTATTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.

YOU SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification. You agree to indemnify and defend The Costa Rica Team from any claim (including attorney fees and costs) arising from your (a) use of the Site and the information and material contained therein, (b) violation of any third party right, (c) breach of any of these Terms and Condition and (d) tortious conduct.  The Costa Rica Team reserves the right to participate in and assume the defense of such claims and control of the litigation of the matter subject to this provision.  You are prohibited from settling any matter subjection to this indemnification section without the prior written consent of The Costa Rica Team.

Procedure for Making Claims of Copyright Infringement. The Costa Rica Team respects the intellectual property of others, and we ask our users to do the same.  The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.   We reserve the right to remove any material or Content on the Site which allegedly infringes another person’s intellectual property or privacy rights or which is defamatory.  If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property interest that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Our Agent for Notice of claims of alleged copyright or other intellectual property infringement on the Site is:

Epiphany Marketing, LLC 
Notice of Claims 
P O Box 5919
Sarasota, Florida 34277 
Phone Number: (941) 870-5346
Fax Number: (866) 563-7317
Email: webmaster@epiphanymarketing.com

Note: The contact information above is provided exclusively for notifying Us of copyright or other intellectual property infringement.

Advertisers on this Site.  We, in Our sole discretion, may post advertisements of third parties on the Site.  Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser.  You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.  Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site.  You shall not knowingly or intentionally interfere with the display of such advertisements.

Term and Termination. This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions).  We reserve the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement.  Termination will be effective without notice.

 

Limitation of Service. We reserve the right to limit, in Our sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires.  Any offer for any service, and/or information made in connection with the Site is void where prohibited. The Site is controlled and operated by Us from Our offices within the United States.  We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited.  If You choose to access this Site from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws.

Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.  No waiver by Us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Governing Law and Dispute Resolution. The validity, construction, and performance of these Terms and Conditions shall be construed in accordance with the laws of the State of Florida regardless of any conflict of laws.  Any disputes arising in connection with this Agreement shall be resolved by binding arbitration in Pinellas County, Florida by a single arbitrator through the American Arbitration Association and  the Commercial Arbitration Rules of the American Arbitration Association.  The award shall be enforceable in any court having jurisdiction thereof.  Sole and exclusive venue for such arbitration shall be in Pinellas County, Florida.   The Arbitrator shall have the authority to award prevailing party attorneys’ fees for all claims arising from or relating to this Agreement. The parties waive all class claims and claims for consolidation, joinder and claims for punitive damages. All claims arising under this Agreement shall be limited to a two year statute of limitations.

Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

No Agency. No joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this Agreement or Your utilization of this Site.

Entire Agreement/Reservation of Rights. These Terms and Conditions and the provisions of the Privacy Policy, which are hereby incorporated as if set forth fully in these Terms and Conditions, represent the entire agreement between You and US with respect to Your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Us with respect to the Site.  Any rights not expressly granted herein are reserved.

Use of Agreement in Judicial/Administrative Proceedings. A printed version of this agreement and of any notice given in electronic form shall be admissible in any proceeding based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.