Terms of Use
Agreement for Arriva Costa Rica.com™
Welcome to
Arriva Costa Rica.com™, ArrivaCostaRica.com™ web site (the
Site). These terms of use (Site Terms) apply exclusively to
your access to, and use of, our Site so please read them
carefully. They do not alter in any way the terms or
conditions of any other written agreement you may have with
us for other products or services. By accessing our Site,
you agree to the terms and conditions of our then current
Site Terms.
We reserve the
right to change or modify any of the terms and conditions
contained in the Site Terms or any policy(s) or guideline(s)
of the Site, at any time and in its sole discretion. If we
decide to change our Terms of Use Agreement policy, Privacy
Policy or any other policy, we will post a new policy on our
site and update the policy date. Therefore, we encourage you
to check the date of our Site Terms whenever you visit this
site to check if it has been updated. Any changes or
modification will be effective upon posting of the
revisions. Your use of this Site following the posting of
its changes or modifications will constitute your acceptance
of the revised Site Terms.
If you do not
agree to these Site Terms (including any referenced policies
or guidelines) as modified from time to time, please do not
access or otherwise use the services available from our
Site. If you have any questions regarding the use of our
Site, please e-mail us at
info@arrivacostarica.com
License and Site
Access
We grant you a
limited license to make personal use only of our Site. Such
grant does not include, without limitation: (a) any resale
or commercial use of the Site or content therein; (b) the
collection and use of any product listings or descriptions;
(c) making derivative uses of the Site and its contents; or
(d) use of any data mining, robots or similar data gathering
and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel, or
otherwise, in or under any patent, trademark, copyright or
proprietary right of Arriva Costa Rica.com™ web site,
ArrivaCostaRica.com™ or any third party.
You may not use,
frame or utilize framing techniques to enclose any Arriva
Costa Rica.com™ web site, ArrivaCostaRica.com™ name,
trademark or product name without our express written
consent.
Any unauthorized
use of this Site will terminate the permission or license
granted by these Site Terms and may violate applicable law
including copyright laws, trademark laws (including trade
dress), and communications regulations and statues. All
violators will be prosecuted to the fullest extent of the
law.
Other Policies
or Terms
Privacy
Statement.
We believe strongly in providing you notice of how we
collect and use data, including personally identifying
information collected from our Site. Therefore, we have
adopted a
Privacy
Statement
to which you
should refer to fully understand how we collect and use
information you provide us in this Site and by other means.
"Only a Forum"
This Site and
the services offered herein are provided solely as a forum
and technical interface that allows you to provide and
receive information related to the services of doctors,
dentists, eye surgeons and the like; limited information
related to procedures you may be seeking; and connects
consumers with doctors, dentists, eye surgeons and the like
who provide these services as well as recovery retreats or
procedure-related service providers.
The
information on this web site is only intended as an
introduction to various procedures and should not be used to
determine whether you will have the procedure performed nor
as a guarantee of the result. The best method of determining
your options is to consult qualified surgeons who are able
to answer specific questions related to your situation.
LEGAL
DISCLAIMER:
Arriva Costa Rica.com™ does not endorse any of the
physicians, medications, products, services or treatments
described, mentioned or discussed in any of the services,
databases or pages accessible from within or from any Arriva
Costa Rica.com™ Internet service or publication.
Furthermore, Arriva Costa Rica.com™ makes no representations
concerning the prices, efficacy, appropriateness or
suitability of any such products or treatments contained on
any of our Web sites. In view of the possibility of human
error or advances in medical knowledge, neither Arriva Costa
Rica.com™, it's owners, it's officers, it's directors, it's
staff nor any other party involved in providing the
services, databases or pages accessible within or from any
of our Web sites or any other Arriva Costa Rica.com™ service
or publication, warrant that the information contained
therein is in every or any respect accurate or complete and
are not responsible nor liable for any errors or omissions
that may be found in such information or for the results
obtained from the use of such information. You are
encouraged to consult other sources and confirm the
information contained in any of the services, databases or
pages accessible within or from this web site. If erroneous
or otherwise inaccurate information is brought to our
attention, a reasonable effort will be made to correct or
delete it. Such problems should immediately be reported to
Arriva Costa Rica.com™ via E-mail:
info@arrivacostarica.com.
Arriva Costa Rica.com™ is not a guarantor of prices or of
the quality of services provided by any medical specialist
or other service provider who offers services through this
Site. We are simply a purveyor of information and are in no
manner a provider of medical or professional services. When
you accept any services through our company or through this
Site, your only recourse for the failure to properly perform
the negotiated service is against the service provider. We
make no representations and give no assurances as to the
quality of the service provider.
Although
referral services to medical specialists are provided upon
your request, we do not sponsor, endorse, recommend or
approve of any medical specialist or other service provider
who offers services through this Site. You should use your
independent judgment of the merits of any individual, entity
or information that you find on or through, this Site. While
we try to confirm that participating medical specialists and
other service providers are licensed to perform their
respective services, we cannot and do not represent or
warrant that any medical specialist or other service
provider who offers services on this Site is licensed,
qualified, or capable of performing any such service.
The doctors
on this web site have provided, and ArrivaCostaRica.com is
not responsible for, all information regarding doctor's
practices, qualifications, certifications, or other
representations and you hold ArrivaCostaRica.com harmless
for any information of any kind contained on this web site.
It is your responsibility to contact the doctor for specific
information related to your question, including but not
limited to procedures, qualifications and certifications.
All doctors in Costa Rica are certified by the Colegio de
Medicos y Cirujanos de Costa Rica. Doctors may also be board
certified in the U.S. The terms Board Certified or Board
Certification as used in this web site means certified in
Costa Rica by the Colegio de Medicos y Cirujanos de Costa
Rica. For further information on certified doctors in Costa
Rica please visit http://www.medicos.sa.cr
Copyright
All copyrighted
and copyrightable materials
on this Site,
including, without limitation, the ArrivaCostaRica.com™
logo, Arriva Costa Rica.com™ logo, design, text, graphics,
pictures, photographs, sound files and other files, and the
selection and arrangement ("Materials") thereof are ALL
RIGHTS RESERVED Copyright © 2003 Gil Clark, Arriva Costa
Rica.com™, and Copyright © 2003 Arriva Costa Rica.com™,
and/or its licensors. Except as stated herein, none of the
Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of Gil
Clark, Arriva Costa Rica.com™ or the respective copyright
owner. Permission is granted to display, copy, distribute
and download the Materials on this Site for personal,
non-commercial and informational use only; provided that,
you may not, without the permission of Gil Clark, Arriva
Costa Rica.com™ or the respective copyright owner, (a) copy,
publish or post any Materials on any computer network or
broadcast or publications media, (b) modify the Materials,
and (c) remove or alter any copyright and other proprietary
notices contained in the Materials.
Trademarks and
Service Marks
Arriva Costa
Rica.com™, ArrivaCostaRica.com™ logos, and the products and
services described in this Site, including without
limitation, are either trademarks, service marks or
registered trademarks of Gil Clark, Arriva Costa Rica.com™
and its suppliers and licensors, and may not be copied,
imitated or used, in whole or in part, without the prior
written permission of Gil Clark, Arriva Costa Rica.com™ or
its suppliers or licensors. In addition, all page headers,
custom graphics, button icons and scripts are service marks,
trademarks and/or trade dress of Gil Clark, Arriva Costa
Rica.com™ and may not be copied, imitated, or used, in whole
or in part, without our written permission. All other
trademarks, registered trademarks, product names and Gil
Clark, Arriva Costa Rica.com™ names or logos mentioned
herein are the property of their respective owners.
Responsibility
for Your Conduct
You shall remain
solely
liable for your conduct or any information that you upload
or transmit to this Site. You agree to indemnify and hold
harmless Gil Clark, Arriva Costa Rica.com™, it's owners,
it's officers, it's directors and it's staff from any claim,
action, demand, loss or damages (including reasonable
attorneys' fees) made or incurred by any third party arising
out of or relating to your conduct, your violation of these
Site Terms, or your violation of any rights of a third
party. In the event any cause of action or litigation arises
between Arriva Costa Rica.com™ and any company, corporation,
entity, individual or any person(s) whatsoever, whether to
collect fees or otherwise, Gil Clark, Arriva Costa Rica.com™,
it's owners, it's officers, it's directors and it's staff
shall be entitled to recover all costs of such cause of
action or litigation including reasonable attorneys fees.
Linking
Links to the
Site. You
are granted a limited, non-exclusive right to create a
hyperlink to this Site provided such link does not portray
ArrivaCostaRica.com™, Arriva Costa Rica.com™ or any of its
providers, associates, doctors, specialists, products and/or
services in a false, misleading, derogatory or otherwise
defamatory manner. You may not use any ArrivaCostaRica.com™
logo, Arriva Costa Rica.com™ logo or other proprietary
graphic or trademark of Arriva Costa Rica.com™ and/or to
link to this Site without our express written permission.
Any link you create is subject to our approval and this
limited right may be revoked at any time.
Third-Party
Sites. We
make no claim or representation regarding, and accept no
responsibility for the quality, content, nature or
reliability of sites accessible by hyperlink from this Site,
or sites linking to this Site. The linked sites are not
under the control of Arriva Costa Rica.com™ and we cannot be
and are not responsible for the content of any linked site
or any link contained in a linked site, or any review,
changes or updates to such sites. We are providing these
links to you only as a convenience, and the inclusion of any
link does not imply affiliation, endorsement or adoption by
us of the site or any information contained therein. When
leaving the Site, you should be aware that our terms and
policies no longer govern, and therefore, you should review
the applicable terms and policies, including privacy and
data gathering practices, of that site.
Submissions
You agree
that any
materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, personal
information, medical information, original or creative
materials, or other information, provided by you in the form
of e-mail or submissions to ArrivaCostaRica.com™, Arriva
Costa Rica.com™, or postings on this Site, are
non-confidential and we are free to use such materials for
our purposes at our discretion (subject to our
Privacy
Policy).
We shall own exclusive rights to all materials, including
all intellectual property rights, and shall be entitled to
the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to
ArrivaCostaRica.com™, ArrivaCostaRica.com™, including the
posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such
materials, including the rights of paternity and integrity.
Disclaimers
THIS SITE AND
THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE,
INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR
SOLE RISK. ArrivaCostaRica.com™. DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE.
Arriva Costa
Rica.com™ DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN
THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. Arriva Costa Rica.com™. IS NOT RESPONSIBLE FOR
TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT
OR PHOTOGRAPHY. WHILE Arriva Costa Rica.com™. ATTEMPTS TO
ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE,
ArrivaCostaRica.com™. CANNOT AND DOES NOT REPRESENT OR
WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
We reserve the
right to change any and all content contained on this Site
at any time without notice. Reference to any products,
services, process, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not
constitute or imply endorsement, sponsorship or
recommendation thereof by us.
Limitation of
Liability
IN NO EVENT
SHALL Arriva Costa Rica.com™ BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR
ACCESSED THROUGH THIS SITE.
Applicable Law
and Venue
These terms and
conditions shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia, applicable to
agreements made and entirely to be performed within the
Commonwealth of Virginia, without resort to its conflict of
law provisions. You agree that any action at law or in
equity arising out of or relating to these terms and
conditions shall be filed only in state or federal court
located in Northern Virginia, and you hereby irrevocably and
unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or
proceeding arising out of these terms and conditions.
General Terms
No waiver by
ArrivaCostaRica.com™, Arriva Costa Rica.com™, it's owners,
it's officers, it's directors, it's staff or any other party
involved in providing any services whatsoever, whether
express or implied, of any provision of these Site Terms
shall constitute a continuing waiver of such provision or a
waiver of any other provision of these Site Terms. Nor shall
ArrivaCostaRica.com™, Arriva Costa Rica.com™ or Gil Clark,
be stopped from enforcing any provision of these Site Terms,
except by written instrument executed by ArrivaCostaRica.com™,
Arriva Costa Rica.com™ or Gil Clark. Notwithstanding any of
these terms and conditions, we reserve the right, without
notice and in its sole discretion, to terminate your license
to use the Site, and to block or prevent future access to
and use of the Site. If any provision of these Site Terms
shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
