Terms of Use

Terms of Use Agreement

1. Introduction

Thank you for reviewing our Terms of Use Agreement (hereinafter the “Agreement”) for the sanjuandelsur.org web site (hereinafter “San Juan Live”, “sanjuandelsur.org” “San Juan Live Marketplace” “San Juan Live Real Estate Marketplace” “San Juan Live Vacation Rentals” or “We”). This Agreement applies to persons who visit, create an account with, or otherwise use the sanjuandelsur.org web site (collectively “Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access sanjuandelsur.org services (“Services”) or the sanjuandelsur.org web site (hereinafter referred to collectively as “sanjuandelsur.org” or “the Site”).

2. About sanjuandelsur.org

San Juan Live provide free access to information about real estate for sale and for rent and real estate investing in Nicaragua, including a searchable database of property listings and reviews by other Users. Please note that the information provided by Users through the Site is not provided or verified by sanjuandelsur.org and San Juan Live accepts no responsibility for the content or accuracy of User postings on the Site.

Further please note that San Juan Live is not a law firm or a professional financial planner and does not provide legal or financial advice in relation to the purchase, sale or renting of real estate in Nicaragua, or regarding any other matter. Information on San Juan Live cannot be viewed as financial or legal advice. Only a licensed professional familiar with your specific circumstances can provide that kind of advice, and we recommend you seek it.

3. Availability and Eligibility

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by San Juan Live to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site. Further, if you create an account with the Site, your user ID and password may not be transferred, loaned, given or sold to another party.

4. Services

The Site provides you with access to information regarding real estate investment opportunities in Nicaragua and to post property listings and review information about properties throughout Nicaragua. You are not required to provide any personally identifiably information to us to view the Site. However, to create a profile, add a property listing or save searches or search criteria for later use you will need to create an account with us. As further discussed below, you acknowledge and agree that San Juan Live and sanjuandelsur.org does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by us or the Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive. The accuracy of the representations contained in a User profile should be independently verified by a User before a User takes any action.

5. User’s Responsibilities and Acknowledgements

As a sanjuandelsur.org User you are obligated to read this Agreement and our Privacy Policy before you create an account on our Site, utilize our Services, upload a property listing or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that individuals that provide information or property listings on the Site are solely responsible for their conduct and the content of their postings and that San Juan Live has not and does not review, approve, or otherwise endorse such information or conduct. San Juan Live is not responsible for the online or offline conduct of any User of the Site.

6. Accounts, passwords and security

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. San Juan Live will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password, or to otherwise comply with this section.

7. Property Listing Responsibilities

San Juan Live is not, and does not become, party to any contractual relationship between Sellers and Buyers, and does not mediate between Sellers and Buyers in the event of any dispute arising between them. The site is a venue for Sellers and Buyers to interact.

You are solely responsible for the contents of your submissions or messages intended for San Juan Live or third parties. You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites, reproduced, used, sublicensed, posted, or published by San Juan Live, and searched, displayed, printed or otherwise used or exploited by San Juan Live’s users, customers and subscribers, in accordance with the Privacy Policy posted on San Juan Live. You agree to provide true, accurate, current and complete information and to maintain and promptly update such information to keep it true, accurate, current and complete. You warrant that you own and are authorized to offer for sale and to sell any property you submit to San Juan Live for listing. You represent and warrant to San Juan Live that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.

We shall have the right (but not the obligation) in our sole discretion to remove any property listing information, without liability to you if we believe it may create liability for us, we deem it otherwise objectionable or for any other reason. If images uploaded to the site are poor quality, blurred or have a low-resolution San Juan Live reserves the right to remove the images.

8. Fees, Refunds and Cancellation

All property listing plans on San Juan Live are monthly plans. If you register for a monthly plan you are responsible for paying monthly subscription fees. Once you choose the monthly plan you will be automatically billed by Paypal on a monthly basis from the date the listing is placed until you cancel the listing.

Once your property listing is posted on San Juan Live, you agree that all sales are final, and there are no credits or refunds whatsoever. You can cancel your property listing plan at any time via PayPal. If you sell your property you should cancel your monthly payments via PayPal before the next monthly subscription fee is automatically billed by Paypal.

9. Restricted Activities

You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, postings, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any sexually suggestive, obscene, or vulgar text or images; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.

10. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of San Juan Live and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.

11. Breach

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause.

12. Privacy

We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.sanjuandelsur.org/privacy. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

13. Links to Third Party Sites

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, sanjuandelsur.org. Such links do not necessarily constitute an endorsement by San Juan Live of those sites. San Juan Live undertakes no obligation to monitor such sites, and you agree that San Juan Live is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.

14. Intellectual Property

The Site contains intellectual property that is protected by local and international laws. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.

15. Copyright

San Juan Live takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a compliant notice is provided to us. San Juan Live has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

San Juan Live
Attn: Copyright Designated Agent

16. Email Policy

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. In addition, if you contact another User through our Service using our communication system, then your name and email address will be shared with such Users and they may contact you by email and other methods. You agree not to abuse the sanjuandelsur.org communication system in any manner. Failure to comply with this requirement may result in account suspension or termination, in the sole discretion of San Juan Live.

17. Disclaimer of Warranties

We, our officers, directors, agents, employees, contractors and suppliers provide our website and service “as is” and without any warranty or condition, express implied or statutory. We, our officers, directors, agents, employees contractors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, title and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
In addition, we specifically disclaim all warranties that the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; will be accurate, adequate, reliable, complete, and we disclaim the usefulness of any of the content. We disclaim liability for errors or omissions in the content; any implied warranty arising from course of dealing or usage of trade; and any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of San Juan Live. Additionally, there are no warranties as to the results of your use of the content or the service. To the full extent permissible under applicable law, San Juan Live disclaims any and all such warranties.

18. General Release

If a dispute arises between one or more users of the site, each of you agree to release San Juan Live, our officers, directors, agents, employees, contractors and suppliers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You waive the protections afforded by California Civil Code § 1542, which says: “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.” You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by San Juan Live.

19. Limitation of Liability

In no event shall we, our officers, directors, agents, employees, contractors and suppliers be liable for lost profits or any special incidental or consequential damages however arising, including negligence, arising out of or in connection with this agreement and/or your use of the website. Our liability to you and any third party in any circumstance is limited to the lesser of a) the amount of fees you pay to us in any one year or b) $100. If the foregoing limitation is found to be invalid, you agree that San Juan Live’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law. Notwithstanding any other provision contained herein to the contrary, it is expressly understood and agreed that any officer, director, employee or agent of San Juan Live as an individual shall not be held personally liable for any obligations, and Users shall not pursue satisfaction of any judgment against the assets of any individual officer, director or employee of San Juan Live.

20. Indemnity

You agree to exonerate, indemnify, defend, protect and save San Juan Live and our officers, directors, agents, employees, contractors and suppliers, from and against any and all claims, demands, expenses, losses, suits and damages including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. San Juan Live reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of San Juan Live. You further agree to exonerate, indemnify, defend, protect and save San Juan Live harmless from any and all claims, demands, expenses, losses, suits and damages as may be occasioned by reason of claim arising from a third party’s use of information or materials of any kind that you post to the Site.

21. Licenses

San Juan Live grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of User e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.

22. Waiver

Failure by San Juan Live to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

23. Right to Change this Agreement

San Juan Live reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following San Juan Live’s posting of any changes will constitute your acceptance of such changes or modifications. San Juan Live shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services we provide. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

24. General Provisions

This is the entire Agreement governing the use of the sanjuandelsur.org Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of California in the United States of America, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of California No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of San Juan Live in accordance with applicable law and the remainder of the Agreement shall remain in full force.

25. Contact sanjuandelsur.org

Except as explicitly stated otherwise, any notices to sanjuandelsur.org shall be given by email to contact@sanjuandelsur.org. You agree that you will notify San Juan Live in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give San Juan Live a reasonable period of time to address it before bringing any legal action.