Terms of Use

Updated July 14, 2005

These Terms of Use apply to the Web sites community.monteverdetours.com, monteverdetours.com and arenalvolcanotours.com. These threes sites, as an institution will be referred to in this document as "Monteverde Tours". The above mentioned sites are affiliated and serve the purpose of advertising the services of Desafio La Fortuna S.A. (Desafio Adventure Company).

Introduction; Consent to Terms

Please read these Terms of Use before using community.monteverdetours.com, monteverdetours.com or arenalvolcanotours.com or any features of these sites, including, but not limited to, Shopping Cart / Booking purchasing and ordering forms, Monteverde Tours Message Boards and RSS feeds (collectively, the Monteverde Tours Web sites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Monteverde Tours Web sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights

The contents of Monteverde Tours Web sites are protected by Costa Rican and international copyright laws. You may not reproduce, distribute, transmit, display or prepare derivative works on copyrighted material from the Monteverde Tours Web sites without the prior written consent of Monteverde Tours, except as provided below. You may copy and print a limited amount of content for your personal use only, provided that you include notices contained in the content and that you do not modify the content. Any other use of Monteverde Tours content requires prior written permission from Monteverde Tours.

Links to Third Party Sites

Monteverde Tours Provides links to Internet sites maintained by third parties, over which Monteverde Tours has no control. Monteverde Tours does not necessarily endorse the content, operators, products or services of such sites, and Monteverde Tours is not responsible or liable for the content, availability, accuracy, quality, products, services or other materials on or available from such sites. Monteverde Tours shall not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with use of any such content, products or other services available through such sites.

Links to Monteverde Tours Web Sites

Monteverde Tours encourages and permits links to content on Monteverde Tours Web sites. However, we as an organization are committed certain standards and are a commercial organization, the linking should not (a) suggest that Monteverde Tours promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use Monteverde Tours content for inappropriate commercial purposes. We reserve the right to withdraw permission for links as we see fit. 

RSS Feeds

We provide RSS Feeds at www.monteverdetours.com/rss/index.htm.  These consist of brief amounts of information in XML format, relating to articles found on our sites with links back to the full articles (individually, an "RSS Feed" and collectively, the "RSS Feeds").  The RSS feeds are available for personal, noncommercial use only. You may display, excerpt from, and link to the RSS Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes, provided that (a) the links redirect the user to the Monteverde Tours Web sites when the user clicks on them, (b) the use or display does not suggest that Monteverde Tours promotes or endorses any third party causes, ideas, Web sites, products or services, (c) the fundamental meaning of the content contained in the RSS Feeds, including the headlines and summaries, is not changed or distorted, and (d) you do not modify the stories or other content that are linked to by the RSS Feeds. If you display an entire RSS Feed on your personal web site, weblog or similar application you must provide attribution to Monteverde Tours adjacent to the RSS Feed Content, by including "Monteverde Tours Headlines" in text or by displaying the Monteverde Tours logo contained in the RSS feed, without modification. Any other use of Monteverde Tours trademarks, or service marks, or of the RSS Feeds requires the prior written permission of Monteverde Tours.

Use of the Service

If you use this Service or in anyway interact with our sites you must follow a few simple rules:

1. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.

2. While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.

3. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain.

4. The Service can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.

5. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service.

6. By posting, uploading or transmitting any material on or through the Service, you hereby grant Monteverde Tours a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material, in all media, whether or not now known. 

7. Persons under the age of eighteen (18) MUST obtain parental permission before registering for the Monteverde Tours Discussion Boards or Chat Forums or RSS feeds or posting, uploading or transmitting material on or through the Service. Children under the age of thirteen (13) are not eligible to participate in the Monteverde Tours Discussions or chats or otherwise post, upload or transmit material on or through the Service.

8. You are solely responsible for any content posted, uploaded or transmitted using your account. Monteverde Tours does not and cannot review every message posted by you and is not responsible for any materials posted by others in the Monteverde Tours Message Boards or RSS Feeds or other forums on, or through the Service. However, Monteverde Tours has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the Monteverde Tours Message Boards or RSS Feeds or other Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. 

9. Monteverde Tours is not responsible or liable for any materials posted in the Monteverde Tours Message Boards or RSS Feeds or other forums or posted, uploaded or transmitted on or through the Service. Monteverde Tours cannot verify the accuracy of statements that users place on the Monteverde Tours Discussions or Chat Forums or on or through the Service, and does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of the Monteverde Tours Message Boards or RSS Feeds or other Forums or these Terms of Use. 

10. By using the Service, you agree to abide by these rules. You acknowledge that Monteverde Tours has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of the Monteverde Tours Message Boards or RSS Feeds or other Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that Monteverde Tours has the right to limit or terminate access to the Monteverde Tours Message Boards or RSS Feeds or other Forums for any reason, including violation of the Rules of the Monteverde Tours Message Boards or RSS Feeds or other Forums or these Terms of Use. 

Representations; Indemnity

You represent and warrant that (a) any material you post, upload or transmit on the Monteverde Tours Message Boards or RSS Feeds or other Forums or on or through the Service does not and will not violate any Rules of the Monteverde Tours Message Boards or RSS Feeds or other Forums or these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless Monteverde Tours and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted in the Monteverde Tours Message Boards or RSS Feeds or other Forums or on or through the Service, or (4) Monteverde Tours publication, distribution or use of such materials. 

Disclaimer

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  MONTEVERDE TOURS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES MONTEVERDE TOURS MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. LIMITATION OF LIABILITY IN NO EVENT WILL MONTEVERDE TOURS, ITS ADMINISTRATION, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL MONTEVERDE TOURS.

Online Shopping

In the event a product or service or goods available on or through the Monteverde Tours Web sites is listed at an incorrect price or with incorrect information, Monteverde Tours will have the right to refuse or cancel any orders placed for product or services listed at the incorrect price. Pending receipt of an electronic or other form of written order confirmation Monteverde Tours does not accept your order, nor does it constitute confirmation of Monteverde Tours offer to sell. Monteverde Tours reserves the right at any time before receipt of a written confirmation of your purchase to accept or decline your order for any reason.  You are solely responsible for all sales taxes, or other taxes, on goods purchased. All purchases though Monteverde Tours are also bound by the terms provided at the time of said purchase including, but not limited to any  cancellation terms, additional charges, or other conditions and policies.

International Users

The Service is controlled and operated within Costa Rica. Monteverde Tours makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of Costa Rica. If you access the Service from a location outside Costa Rica, you are responsible for compliance with applicable laws, including Costa Rica export laws and regulations.

Miscellaneous

These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Monteverde Tours Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under Costa Rican law, and, where applicable, Internationally. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the courts located, and you hereby consent to personal jurisdiction and venue, in Costa Rica. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.

Questions

If you have any questions regarding the terms of use you can contact us by writing to:

Desafio Adventure Company Monteverde
Frente el Super La Esperanza
Santa Elena, Puntarenas - Costa Rica
5655

Email: admin@monteverdetours.com
Fax: (506) 2645-5904