General
GoDutch Realty S.A. and its subsidiaries and corporate affiliates (collectively, “GoDutch Realty“) operate a family of Web sites and associated Web pages. GoDutch Realty refers to this group of Web sites as the “GoDutch Realty Network“. Any person accessing or using the GoDutch Realty Network is referred to as “you“. The name GoDutch Realty is a registered trademark and cannot be used by anyone else but GoDutch Realty.
Acceptance of Terms
By accessing or using any part of the GoDutch Realty Network or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by GoDutch Realty from time-to-time without notice to you (the “Terms of Use“). These Terms of Use constitute a binding contract between GoDutch Realty and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the GoDutch Realty Network.
Additional terms may govern the use of certain Web sites or Web pages within the GoDutch Realty Network. In the event that any provision, term, or guideline contained on a particular Web site or Web page in the GoDutch Realty Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.
General Use of the GoDutch Realty Network
Unless specified otherwise, GoDutch Realty offers you access to the GoDutch Realty Network solely for your personal and non-commercial uses. You agree to only access or use the GoDutch Realty Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:
- except with the express written permission of GoDutch Realty, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the GoDutch Realty Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the GoDutch Realty Network or interfere with any other party’s use and enjoyment of the GoDutch Realty Network;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by GoDutch Realty through the GoDutch Realty Network.
Except with the express written permission of GoDutch Realty, you agree that you will not access or attempt to access password-protected, secure, or non-public areas of the GoDutch Realty Network.
Except with the express written permission of GoDutch Realty, you agree that you will not create links from any Web site or Web page to any page within the GoDutch Realty Network; provided however upon prior written notice to GoDutch Realty at ivo@godutchrealty.com, you may create a link directly to any of the GoDutch Realty Network home pages, including, but not limited to pages currently located at www.godutchrealty.com.The origin of any link to any GoDutch Realty Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the GoDutch Realty Network home page. By creating a link to the GoDutch Realty Network, you agree that (a) you will not employ any technology that results in the placement of content from the GoDutch Realty Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the appearance of the GoDutch Realty Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the GoDutch Realty Network. GoDutch Realty reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that GoDutch Realty so requests.
You agree that GoDutch Realty may in its sole discretion and at any time terminate your access to and use of the GoDutch Realty Network, or any part thereof, with or without notice. You further agree that the use of the GoDutch Realty Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, GoDutch Realty reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
The Services provided through the GoDutch Realty Network may also be located on third-party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by GoDutch Realty to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, GoDutch Realty does not make any representation or warranty with respect to such third-party Services and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release GoDutch Realty from any and all claims, demands, liability, and damages (actual or consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third-party Services, Content (as defined below), software, or sites.
Content Contained in the GoDutch Realty Network
The GoDutch Realty Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the GoDutch Realty Network (collectively, “Content”) is owned by GoDutch Realty and/or third parties with all rights reserved unless otherwise noted. GoDutch Realty grants you a limited license to access and use the GoDutch Realty Network and Content solely for informational, personal, and non-commercial purposes (including printing individual pages from the GoDutch Realty Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the GoDutch Realty Network or Content, except with expressly written consent of GoDutch Realty. You understand that all third-party Content posted on, transmitted through, or linked from the GoDutch Realty Network, is the sole responsibility of the third-party originator of such Content. Content is provided through the GoDutch Realty Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall GoDutch Realty be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that GoDutch Realty does not screen or approve third-party content and that GoDutch Realty shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content available via the GoDutch Realty Network, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the GoDutch Realty Network, you agree to provide true, accurate, and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the GoDutch Realty Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to GoDutch Realty as provided below.
You promise that you will not use the GoDutch Realty Network to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
- By Transmitting Content to the GoDutch Realty Network, you grant, and you represent and warrant that you have the right to grant, to GoDutch Realty an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the GoDutch Realty Network, you grant GoDutch Realty all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the GoDutch Realty Network by any party for any purpose.
GoDutch Realty is committed to maintaining the privacy and security of any and all such information that you provide to GoDutch Realty through the GoDutch Realty Network in accordance with its Privacy Policy.
General Terms
Applicable Law
This Terms of Use is governed by the laws of Costa Rica. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in San José, Costa Rica in all disputes arising out of or relating to accessing or using the GoDutch Realty Network. Access or use of the GoDutch Realty Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoDutch Realty as a result of the Terms of Use or accessing or using the GoDutch Realty Network. GoDutch Realty’s performance under the Terms of Use is subject to existing laws and legal processes, and nothing contained in the Terms of Use is in derogation of GoDutch Realty’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access or use of the GoDutch Realty Network or information provided to or gathered by GoDutch Realty with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and GoDutch Realty), the Terms of Use constitute the entire agreement between you and GoDutch Realty with respect to the GoDutch Realty Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GoDutch Realty with respect to the GoDutch Realty Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
You expressly understand and agree that: your use of and reliance upon any and all of the Godutch Realty network, services, and/or content is at your sole risk and is made available on an “as is” and “as available” basis. Godutch Realty makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of the Godutch Realty network, services, and/or content. Godutch Realty expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification
You agree to indemnify and hold Godutch Realty, its third-party vendors, corporate affiliates, directors, officers, employees, and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of any content, submitted, posted, or otherwise provided by you to the Godutch Realty network and/or Godutch Realty and/or its third-party advertisers and any breach by you or your affiliates, employees, agents and representatives of these terms of use.
Limitation of Liability
In no event shall Godutch Realty be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Godutch Realty network, with the delay or inability to access or use the Godutch Realty network or related services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the Godutch Realty network, or otherwise arising out of the use of the Godutch Realty network, whether based on contract, tort, negligence, strict liability or otherwise, even if Godutch Realty has been advised of the possibility of damages. Any services or content made available or obtained through the use of the Godutch Realty network, and all other use of the Godutch Realty network, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
if you are dissatisfied with any portion of the Godutch Realty network, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Godutch Realty network.
Copyright
All materials on the GoDutch Realty Network (as well as the organization and layout of the GoDutch Realty Network) are owned and copyrighted or licensed by GoDutch Realty, its corporate affiliates, or its third-party vendors. © GoDutch Realty S.A. 2007, all rights reserved. No reproduction, distribution, or transmission of copyrighted materials on the GoDutch Realty Network is permitted without the written permission of GoDutch Realty. Any rights not expressly granted herein are reserved.
Pursuant to Intellectual Property rights, LEGISLACION NACIONAL – COSTA RICA – Law Nº 6683, notifications of claimed copyright infringement should be sent to the Designated Agent set forth below. All inquiries must be filed in accordance with Costarican laws.
GoDutch Realty S.A.
200 north and 25 east of CC Paco
San Rafael de Escazu, Costa Rica
Telephone: (506) 2289-5125
