Effective as of: September 3, 2009
Lacar LLC (hereinafter the “Company”,“we” or “us”) with legal domicile at ______________________________________, USA, makes available to you a website accessible at www.ulaapatagonia.com (“Site”). This Site is provided solely to assist you in gathering information related to certain select cabanas and vacation properties and related services, and making legitimate reservations (“Services”). Please read the following important terms and conditions (“Terms of Service” or “Agreement”) carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and Company. YOU UNDERSTAND THAT BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
The Company reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. You accept the full responsibility of carefully reading the Terms and Conditions each and every time you wish to use the website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services. By continuing to access or use the Site and Services, you agree to be bound by such changes.
1. Content. Certain types of content are made available through the Site. “Content” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Site. The Company reserves the right to remove and permanently delete any Content from the Site without notice.
2. Use of and Access to the Site. Services provided by the Company in conformity with these Terms of Service entail no cost or charge whatsoever. General use of Services does not require your subscription or registration.
3. Termination. We reserve the right to terminate the Site or Services at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. The Company shall not be liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION MAY NO LONGER BE ACCESSED BY YOU. Furthermore, the Company will have no obligation to maintain any information stored in our database or to forward any information to you or any third party.
4. Queries or changes of your reservation. For queries or changes in your lodging booking, email us at firstname.lastname@example.org. Change requirements and restrictions are set forth in our Cancellation Policy . The Cancellation Policy may change from time to time, and, therefore, we encourage you to carefully review it every time you wish to make a reservation through the Site.
5. Travel Destinations. You understand and acknowledge that we only make available for reservation certain select cabanas, vacation properties as well as related services, and that you are solely responsible for making travel arrangements and you assume all risks related to such arrangements. We urge you to review travel prohibitions, warnings, announcements, passport requirements and advisories prior to booking travel. THE COMPANY HAS NO LIABILITY AND WILL MAKE NO REFUND – EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT - IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER EVENTS, WHETHER WITHIN OR BEYOND YOUR CONTROL, THAT MAY AFFECT YOUR TRAVEL ARRANGEMENTS.
6. Providers. We might supply information for you to get in touch with different providers. We aim to facilitate the process of hiring a motor boat to get to the cabanas or other services during your stay (hiking, trekking, rafting, boating, etc.). This does not imply any kind of relation between the Company and the Providers. The Company will not be responsible for any damages or losses whatsoever arising out or in connection with your use of the Provider’s services. Any doubt or claim related to the aforementioned services should be addressed directly with the Provider.
7. Third Party Links. The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that the Company is not responsible or liable for the availability or accuracy of, and the Company does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8. Ownership. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors, and is protected to the maximum extent permitted by law and by international treaty provisions. Access and use of the Site and the Services does not grant you any right whatsoever to the copyrighted material, trademarks, tradenames, logos, images, or other proprietary information of the Company and its licensors.
9. Copyright Policy. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, you can reach us by e-mail at email@example.com. For clarity, only notices for copyright infringement should go to that email address; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through firstname.lastname@example.org
10. What You must NOT do. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content; (b) Forge any TCP/IP packet header or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (c) Attempt to probe, scan or test the vulnerability of any Company system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (d) Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services; (e) Use the Services in any way that competes with the Company.
11. What the Company is NOT responsible for. YOUR USE OF THE SITE, SERVICES, AND CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES AND CONTENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, . SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of the Company’s Liability. IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND YOUR USE OF THE SITE AND SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF (i) THE AMOUNT PAID TO US BY YOU UNDER THIS AGREEMENT or (ii) $100.
13. What You will indemnify the Company from. You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services and Content; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
14. General. The Terms of Service are only available in English, which you warrant to know and understand. These Terms of Service shall be governed by the internal substantive laws of Puerto Montt, Chile, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Puerto Montt, Chile. These Terms of Service shall constitute the entire agreement between you and the Company concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.