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La Costanera terms and conditions

Terms and Conditions

Last Updated on July, 2010

Acceptance

Welcome to La Costanera. By using La Costanera’s website (“Website”), you agree to be bound by the following terms and conditions (“Terms of Use”). The Terms of Use may be updated by La Costanera from time to time without notice to you and any modification shall become effective upon posting on our website. You may view the most current Terms of Use on our website at anytime.

La Costanera’s Privacy Policy

In addition to the Terms of Use, by using the Website, you agree to be bound by our Privacy Policy.

Conduct and Obligations

If you use the Website, you represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into a binding contract. Furthermore, considering the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, including but not limited to all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition to the above, you agree and understand that you are not to use the Website to:

NOTICE: Sending unsolicited email advertisements to or through La Costanera’s computer systems or email address, which is expressly prohibited under the Terms of Use, will use or cause to be used La Costanera’s servers located in California. Any unauthorized use of La Costanera’s computer systems is a violation of the La Costanera’s Terms of Use, in addition to certain federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender, and his or her agents, to civil and criminal penalties.


Proprietary Rights in Content of La Costanera

The Website is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work is prohibited. Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy any content from Website, and agree to abide by any and all copyright notices displayed on the website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.

Notification of Claims of Infringement

La Costanera respects the intellectual property rights of others. If you believe that your copyright or other intellectual property rights have been violated, please notify La Costanera’s Copyright Agent with the following information (“Notice”):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work or intellectual property that you claim has been infringed;
  3. A description of the material that you claim is infringing as well as instructions on how to locate it.
  4. A 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;
  5. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or
  6. authorized to act on that owner’s behalf.
  7. Your address, telephone number, and email address; and
  8. Your physical or electronic signature.
    La Costanera’s Copyright Agent can be contacted via e-mail at:

La Costanera will remove the infringing posting(s), subject to the procedural requirements outlined in the Digital Millennium Copyright Act (DMCA). Please note that due to security concerns, attachments cannot be accepted. As such, any Notice submitted electronically with an attachment will not be received or processed.


Indemnification

You agree to indemnify and hold La Costanera, and its subsidiaries, affiliates, owners, officers, managers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another. If you are a California resident, you agree to waive your rights under California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Disclaimer of Warranties

La Costanera disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on its Website. La Costanera disclaims any responsibility for the deletion, failure to store, failure to delivery, or untimely delivery of any information or material. La Costanera disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through its Website. No advice or information, whether oral or written, obtained by user from La Costanera or through or from its Website shall create any warranty not expressly stated herein.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICE INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LA COSTANERA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LA COSTANERA DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. LA COSTANERA DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. LA COSTANERA DISCLAIMS ANY WARRANTIES FOR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL LA COSTANERA BE LIABLE TO ANY USER AS A RESULT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE ARISING FROM ANY CLAIM RELATING TO THIS TERMS OF USE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LA COSTANERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Severability

The failure of La Costanera to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court or judicial authority finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited but only to the minimal extent required to make the provision valid and enforceable.

Governing Law

The Terms of Use shall be construed in accordance with, and all actions arising under or in connection therewith, shall be governed by the laws of the State of California without regard to conflict of law principles. You agree to personal jurisdiction and venue in the state and federal courts of the State of California, County of San Mateo.

General Provisions

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing in this Terms of Use shall create a relationship between the user and La Costanera, which is that of joint ventures, partners, employer-employee, franchisor-franchisee, or agency. This Terms of Use is the entire agreement between you and La Costanera and shall govern your use of the Website, and supersedes all previous agreements between you and La Costanera. Any document referred to herein is incorporated by reference.

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