Terms and Conditions
1. General
1.1. The following Terms of Use (the “ToU”) apply to the website accessible at bluebeachpropertiescr.com (the “Website”), which allows you to contact independent real estate agencies, inquire about real estate properties in Costa Rica, and utilize any other products and/or services available at the same URL (together, the “Services”), provided by Blue Beach Properties, located in Costa Rica (“Blue Beach Properties”).
1.2. By accessing and using this Website and Services, you agree to comply with and be bound by the ToU. If you do not agree to these ToU, please refrain from accessing and using the Services.
2. Registration
2.1. Certain Services require the registration of a user profile (the “User Profile”) and sign-in before they can be used. By registering a User Profile or using the Services through any other means, you warrant that you are of legal age and have unrestricted legal capacity in your country of domicile or residence.
2.2. You warrant that all information provided to Blue Beach Properties during the registration process or otherwise is true and accurate. Users shall keep such information up to date at all times.
2.3. You agree to keep your username and password confidential. You acknowledge that you are fully responsible for the use of your User Profile, including any third-party use, irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify Blue Beach Properties of any un-authorized access or use of your User Profile or any other breach of security.
2.4. Blue Beach Properties reserves the right to temporarily or permanently cancel a User Profile at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.
3. Third-Party Content
3.1. Certain users may post on, transmit through, or link from the Services text, files, images, photos, videos, sounds, or other materials (“Third-Party Content”). This includes, but is not limited to, real estate agents or agencies describing a property and uploading pictures on the Website.
3.2. You hereby grant Blue Beach Properties a worldwide, free-of-charge, perpetual, irrevocable, transferable, assignable license, with the right of sublicense, and any intellectual property rights related thereto, to use the Third-Party Content in connection with the Services and in accordance with the Privacy Policy.
3.3. You understand and agree that all Third-Party Content posted on, transmitted through, or linked from the Services is the sole responsibility of the user from whom such Third-Party Content originates. Any Third-Party Content posted on, transmitted through, or linked from the Services shall not be considered an endorsement by Blue Beach Properties of any kind. Blue Beach Properties shall have no liability related to the Third-Party Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.
3.4. Blue Beach Properties shall neither be considered a real estate agency or agent nor a party to any transaction between you and a real estate agency or agent.
3.5. Blue Beach Properties reserves the right (but not the obligation) to take any action with respect to Third-Party Content if Blue Beach Properties believes that it may create liability for Blue Beach Properties or may cause Blue Beach Properties to lose the services of its internet service providers or other suppliers and/or providers.
3.6. Blue Beach Properties cannot and does not undertake any obligation to control Third-Party Content. By its very nature, the information in Third-Party Content is frequently changed, may be inaccurate, and in some cases may be mislabeled or deceptively labeled. Blue Beach Properties does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does Blue Beach Properties undertake to verify, update, or correct such information. Blue Beach Properties also does not make any representation or warranty, express or implied, regarding any Third-Party Content. Blue Beach Properties reserves the right to adjust, refuse, or remove any Third-Party Content at its sole discretion, particularly to comply with any applicable law.
4. Use of Services
By accessing and using the Services, you shall not: 4.1. Transmit any data that interrupts, damages, or limits the functionality of the Services, e.g., your use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
4.2. Use your User Profile or the Services for any unlawful purpose;
4.3. Infringe, or cause a third party to infringe, any applicable law or regulation;
4.4. Infringe any intellectual property right, proprietary right, or right of publicity or privacy;
4.5. Use the Services other than for your personal needs or act in the name and on behalf of a third party, whether your client or not, searching for a real estate property; and
4.6. Use the Services in breach of the Privacy Policy.
5. Intellectual Property
5.1. The Services are protected by intellectual property rights, notably copyright and trademarks. Without prejudice to Section 3.2, Blue Beach Properties and its licensors own all intellectual property rights in and to the Services and the content published on and/or through the Services or have acquired an appropriate consent or license from third parties.
5.2. The concerned users or their licensors retain ownership of all rights, title, and interest in and to their Third-Party Content.
5.3. If you believe that the Services or the provision of any content on the Services infringes any copyright, trademark, or other intellectual property right, you may contact Blue Beach Properties at [email protected] and request the removal of such content from the Services.
6. Privacy and Data Protection
Blue Beach Properties‘ Privacy Policy is accessible here.
7. Suspension and Termination of Use
You agree that Blue Beach Properties may, at its sole discretion, suspend or terminate your User Profile and/or your access to and/or use of all or part of the Services with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability whatsoever. Any suspected illegal, fraudulent, or abusive activity may be grounds for termination and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the Services will immediately cease, and subject to applicable law, Blue Beach Properties reserves the right to remove or delete any information and/or content, particularly Third-Party Content, including any User Profile or sign-in information.
8. No Warranties and Liability
8.1. You agree that your access to and use of the Services shall be at your sole risk and liability. You acknowledge that the content of the Services is provided to you on an “as is” and “as available” basis, and that to the fullest extent permitted by applicable law, Blue Beach Properties disclaims all warranties, either express or implied, in connection with the Services and their access and use thereof, without limitation regarding quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access, and/or use.
8.2. Furthermore, Blue Beach Properties makes no warranties or representations and bears no liability for (i) the accuracy or completeness of the content of the Services, notably Third-Party Content, including but not limited to any errors, and/or omissions, mistakes, inaccuracies of content, and its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) your access to or use of the Services; (b) any unauthorized access to or use of any and all data, personal information, and/or financial information stored through or on the Services; (c) any interruption, loss of, or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
9. Limitation of Liability
9.1. To the extent permitted by applicable law, in no event shall Blue Beach Properties, its directors, officers, shareholders, employees, or suppliers be liable for any direct or indirect loss, consequential, incidental, special, or any other damages arising from or in connection with your access to and use of the Services, including authorized or unauthorized third-party use of User Profiles, or any reliance on any of the content, notably Third-Party Content, provided on or otherwise in connection with the Services.
9.2. Should you disagree with any part of these ToU or have any dispute or claim against Blue Beach Properties or its suppliers concerning these ToU, your sole and exclusive remedy is to discontinue using the Website. Notwithstanding the foregoing, this Section 9.2 is not intended to limit the legal rights that you may have as a consumer or under other mandatory applicable law that may not be excluded, nor in any way exclude or limit Blue Beach Properties’ liability.
10. Indemnification
You shall defend, hold harmless, and indemnify Blue Beach Properties for any claim, demand, dispute, litigation, damage, or loss (including reasonable attorney’s fees) incurred by Blue Beach Properties from another user of the Services or a third party arising out of or in connection with your access to and use of the Services and/or any infringement of the ToU.
11. Modification
Blue Beach Properties reserves the right, at its sole discretion, to modify these ToU at any time without prior notice. Any changes will be posted on the Website and become effective at the time of publication. Your continued use of the Services after the effective date of such changes will constitute your acceptance of such changes.
12. Miscellaneous
12.1. Should any provision of these ToU be determined to be invalid or unenforceable by any court having competent jurisdiction, the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law, and all other provisions of these ToU shall remain in full force and effect.
12.2. Blue Beach Properties may assign or transfer its rights and obligations hereunder, in whole or in part, at any time without notice.
12.3. The headings in these Terms and Conditions are used for convenience only and have no legal or contractual significance.
13. Contact
If you have any questions regarding the Services or the ToU, please contact Blue Beach Properties at info@bluebeachpropertiescr.com.
14. Governing Law and Jurisdiction
14.1. These ToU shall be governed by and construed in accordance with the laws of Costa Rica, without reference to its conflict of laws provisions.
14.2. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Costa Rica.
Blue Beach Properties, Costa Rica Blue Beach Properties – 2024, last update on 22June 2024.