Last Updated: [August 15, 2024]
PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE DOWNLOADING, ACCESSING OR USING ANY ELYSIUM ONLINE SERVICES (AS DEFINED BELOW).
-
Introduction
These Terms apply to your access to, and use of, any Elysium Properties, S.R.L. (“Elysium” “we” or “us”) website (the “Website”), mobile application (the “App”), online services or programs, or other services, tools or programs where these Terms are posted, linked or incorporated by reference (collectively and individually, the “Elysium Online Services”). These Terms are a legal and binding agreement between you and Elysium. Your use of any of the Elysium Online Services signifies that you agree to these Terms provided by Elysium. If you do not agree with these Terms or are dissatisfied with the contents of the Elysium Online Services, you agree that your sole and exclusive remedy is to stop using this Elysium Online Services.
-
Changes to These Terms
We may update these Terms from time to time. We will notify you of any significant changes by posting the revised Terms on our Website and updating the “Last Updated” date. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.
-
Use of the Site
You agree to use our Website only for lawful purposes and in accordance with these Terms. The Elyisum Online Services are not intended for use by anyone under the age of 13; however, some of the Elysium Online Services may require that you are 18 years of age or older (or the age of majority in your jurisdiction if higher than 18). If you do not meet the foregoing requirements, parental or guardian consent and agreement to these Terms is required. By using the Elysium Online Services, you represent and warrant that you are 13 years of age or older (or the age required to utilize the applicable Elysium Online Services) or have obtained appropriate parental or guardian consent to utilize the Elysium Online Services. In addition, you agree not to:
- Use the Website in any way that violates any applicable local, national, or international law or regulation.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Transmit or facilitate the transmission of any data or material that is unlawful, defamatory, obscene, or otherwise objectionable.
- Engage in any form of automated data collection or scraping.
-
Intellectual Property
The Elysium Online Services and all content and materials on the Elysium Online Services– including without limitation, its look and feel, all photographs, text, artwork, images, page headers, button icons, digital downloads, data compilations, software, trademarks and logos, product names and descriptions, audio and visual effects, and audio and video clips – are owned by or licensed to Elysium. You may view and use content and materials on the Elysium Online Services only for your own personal, noncommercial use. All other rights are reserved to Elysium and its licensors. You may not copy, upload, post, transmit, reproduce, distribute, modify, or publicly display the content and materials on the Elysium Online Services for any commercial purpose or produce derivative works from them.
-
Privacy Policy
By submitting personal information to Elysium on or through the Elysium Online Services, you acknowledge and agree that Elysium will use it in accordance with Elysium’s Privacy Policy. As a condition of using the Elysium Online Services, you agree to review our Privacy Policy, available by clicking here. You should review the Privacy Policy carefully before using the Elysium Online Services because it governs our treatment of information about you. The Privacy Policy is hereby incorporated and made part of these Terms.
-
Online Accounts
In order to take advantage of certain services made available through the Elysium Online Services, you may be required to have a valid user account. To the extent you register or create a user account for any of the Elysium Online Services, you are responsible for maintaining the strict confidentiality of your account log-in information, and you are responsible for any activity under your account and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Elysium shall not be liable for any loss or damage arising form your failure to comply with these obligations.
-
Other Sites
The Elysium Online Services may have links to third-party websites, applications or content or services (“Third Party Content”) and such Third Party Content may have its own terms of use, privacy policies, and practices that differ from ours. Please review the terms of use and privacy policies of those websites or applications before you choose to use them. It is your responsibility to determine when you are accessing Third Party Content. We do not control, endorse or adopt any Third Party Content, nor are we responsible for the terms of use, privacy policies, and practices of other sites. You acknowledge and agree that Elysium is not responsible or liable in any manner for Third Party Content.
Please be aware that when you use other social media platforms accessed from the Elysium Online Services, including without limitation Facebook®, Twitter®, YouTube®, Instagram®, and Pinterest®, you must comply with their terms of use and privacy policies.
-
Feedback
With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to Elysium about or in connection with using the Elysium Online Services or purchasing our products, you agree that: Elysium has no obligation to consider or act upon any Feedback, the Feedback is not confidential, and Elysium has the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.
-
Restrictions on Use, Disclaimers, and Liability Limits
If you use any feature of the Elysium Online Services, you agree that:
- You will provide current and accurate information as requested for such use;
- You will not impersonate any other person;
- You will not stalk, bully, abuse, harass, threaten, or intimidate any other user of the Elysium Online Services;
- You will not use the Elysium Online Services for any illegal purpose; and
- You will review and comply with notices sent by us concerning the Elysium Online Services and its operation.
You also agree that (i) any violation, or threatened violation, by you of these Terms will cause irreparable and unquantifiable harm to Elysium; (ii) monetary damages would be inadequate for such harm; (iii) you consent to Elysium obtaining any injunctive or equitable relief that we deem necessary or appropriate, in addition to any other remedies we may have at law or in equity; (iv) if we take legal action against you for a violation of these Terms, we will be entitled to recover from you, and you agree to pay, all costs and expenses related to such action, including reasonable attorneys’ fees as well as any relief granted related thereto; and (v) Elysium will not be liable to you or any third party for terminating your access to the Elysium Online Services as a result of any violation of these Terms.
Elysium has the right to change, discontinue, or limit access to any content, product, service, feature or functionality of the Elysium Online Services at any time, in its sole discretion, without any liability to you.
Elysium makes all reasonable efforts to provide accurate information on the Elysium Online Services, but we assume no responsibility for the accuracy of the Elysium Online Services content, including without limitation any typographical errors or omissions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ELYSIUM ONLINE SERVICES AND ANY OF ITS FEATURES IS AT YOUR EXCLUSIVE RISK. All material on the Elysium Online Services is provided “as is” and does not constitute a warranty of any kind, either express or implied. Elysium disclaims all warranties, expressed or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from any course of dealing or trade practice.
ELYSIUM DOES NOT WARRANT THAT USE OF THE ELYSIUM ONLINE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. Elysium is not liable for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of the Elysium Online Services, your inability to use the Elysium Online Services, data loss, or any purchases through the Elysium Online Services. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING THE WEBSITE.
-
Indemnification
You agree to indemnify, defend, and hold harmless Elysium and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website or any violation of these Terms.
-
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Costa Rica. Any disputes arising out of or related to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts of Costa Rica.
-
Termination
We reserve the right to terminate or suspend your access to the Website at our sole discretion, without prior notice, for any reason, including but not limited to a breach of these Terms.
-
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Elysium Properties, S.R.L.
Provincia 05 Guanacaste, Canton 05 Carrillo, Distrito Sardinal,
Playas del Coco, Centro Comercial Plaza Terra Law, Segundo Piso.
info@elysiumpropertiescr.com