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Definitions
“DICR” means Dreams In Costa Rica.
“Site” means the website owned and operated by DreamsInCostaRica and located at www.DreamsInCostaRica.com, including any page, element or part thereof and all domains linked to such website.
“Terms” means Terms and Conditions of Use and Privacy Statement that govern this website
“User” means any person who enters or uses the DreamsInCostaRica.com website
1. General
a. Dreams In Costa Rica("DICR") maintains this Internet site (the "Site") for informational and communication purposes. Your access to and use of this Site is subject to the following Terms and Conditions of Use and Privacy Statement ("Terms"), as well as any modifications issued by DICR to these Terms and all applicable laws and regulations. By using this Site, you agree and will be deemed to be bound by these Terms. If you do not want to be bound by these Terms, do not use this Site.
b. This Site provides general information concerning DICR services and the opportunity to obtain additional information concerning these services or to purchase it. These Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided therein.
2. Changes in Terms; Termination
a. DICR shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. Any access or use of this Site by the User after notice of revisions or additions to these Terms shall constitute and be deemed to be your (the User) agreement to such revisions or additions.
b. DICR also shall have the right to terminate this Site or any products or services offered through the Site, or any individual's right to access or use any portion of or product or service offered through the Site, at any time and without prior notice.
3. Site Content
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. DICR may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on DICR in any way except to the extent they are specifically indicated to be so.
4. Linked Third Party Sites
Links to other Internet sites operated by third parties, including members of DICR's authorized dealer network or DICR's corporate partners, do not constitute sponsorship, endorsement, or approval by DICR of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by DICR, and DICR is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
5. Disclaimer of Warranty
DICR makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. DICR also does not warrant or represent that your (the User) access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES WILL DICR BE LIABLE TO YOU (the User) OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF DICR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Trademarks and Copyrights
Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by DICR or by third parties that have licensed their use to DICR. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or a writing signed by DICR, is strictly prohibited.
8. Submissions
Other than your e-mail address or customer information, which is subject to the Privacy Statement set forth in Section 10 herein, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by DICR, members of its authorized dealer network, its corporate partners, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DICR, members of its authorized dealer network, its corporate partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
9. Indemnification
You agree to defend, indemnify, and hold harmless DICR, members of its authorized dealer network, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
10. Privacy Statement
a. DICR respects the privacy of personally identifiable information about visitors to this Site such as names or e-mail addresses and will collect such information about you only when you knowingly and voluntarily submit it. DICR does not sell or rent personally identifiable information about visitors to the Site to third parties other than members of its authorized dealer network. DICR will not use personally identifiable information about visitors to the Site for the purpose of broadcasting unsolicited e-mail newsletters or bulletins and will transmit such newsletters or bulletins only to individuals that specifically request to subscribe. DICR also will not authorize use of personally identifiable information about visitors to the Site by members of its authorized dealer network for the purpose of broadcasting unsolicited e-mail newsletters or bulletins.
b. DICR may use personally identifiable information about visitors to the Site in aggregate form to enhance the Site and make it more responsive to the interests of such visitors. Statistical compilations of such information also may be used by DICR or provided to others for marketing, advertising, or research purposes.
c. DICR may collect certain non-personal information about visitors to the Site, including but not limited to the identity of their Internet browsers, the types of operating systems they use, their locations, and the domain names of their Internet service providers. Such non-personal information may be used for purposes including but not limited to improving the content of the Site, marketing, advertising, or research.
d. DICR is not responsible for the privacy policies or practices of members of its authorized dealer network, advertisers, operators of linked sites, or other third parties.
11. Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by DICR of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
DICR shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of this Site shall not be construed as DICR's purposeful disregard of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New Mexico. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts or choice of laws principles. In any matter connected with the Site or these Terms, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Sate of New Mexico.
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