Disclaimer and User Agreement for VivaChacala.com
Disclaimer Information for VivaChacala.com information including Vacation Rental Advertisers, Business Advertisers, Real Buyers/Sellers and Renters, and general users of VivaChacala.com
NOTICE TO ALL RENTERS, ADVERTISERS AND OTHER USERS OF www.VivaChacala.com
By using or accessing VivaChacala.com.com (the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and SayulitaLife Corp, (“VivaChacala.com”, “we”, “us” or “our”).
VivaChacala.com offers its content in order to provide information for the purposes of vacationing, living, and/or researching the town of Sayulita, Nayarit, Mexico.
Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.
Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
* Utilize any contact information (email addresses, telephone numbers, mailing addresses, etc.) of any VivaChacala.com advertiser provided on the Site as a means to contact any individual or business with unsolicited offers, services, events, or announcements of any kind.
* Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
* Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
* Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
* Reverse engineer any part of this Site;
* Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
* Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
* Use the Site other than to advertise and/or research vacation rentals and to make legitimate inquiries to our members;
* Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
* Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms; Please be aware that violating this policy will result in the immediate cancellation of your account, and removal of your listing from VivaChacala.com. No refunds will be given.
* Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
* Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
* Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
* Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
* Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to info@VivaChacala.com.
You are responsible for conducting your own investigation regarding any and all claims made by prospective renters or vacation property owners or agents. You assume all liability for use of any information you find in any VivaChacala.com publication. The operators of VivaChacala.com assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here. Not all VivaChacala.com ads are created directly by the property owners, some VivaChacala.com advertisers are acting as agents or managers for the owners.
Renters are aware that each property sets its own Refund/Cancellation Policies - VivaChacala.com recommends that renters ask for and receive a written notice of the Refund/Cancellation policy from the advertiser and for added protection, we recommend the purchase of Trip Cancellation Insurance at your own expense (see InsureMyTrip.com for details). VivaChacala.com is not responsible for the refund of rental fees for any reason.
None of the information contained in any VivaChacala.com web page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the renting party. See information about Protecting Yourself when dealing with anyone you don't personally know. Qualification of all renters is the sole responsibility of the property owner or agent.
Property Owners - If VivaChacala.com is unable to provide an expected level of service for any reason, including, but not limited to service outages, war, acts of God. equipment failure, or negligence, neither VivaChacala.com or its owners can be held liable for any costs beyond the prorated costs paid by the client for the services which were not provided. VivaChacala.com does not guarantee the services of the VivaChacala.com web site will be available 100% of the time.
By using or continuing to use the services of VivaChacala.com, you agree to the terms and conditions of this disclaimer.
Limitations of Use of Other User’s Information; No Spam.
You agree that, with respect to other users’ personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
RESERVING A VACATION RENTAL VIA SAYULITALIFE
?By using VivaChacala.com to inquire about vacation rentals, users agree to accept all responsibility for any and all rental transactions entered into. All users of VivaChacala.com agree to release VivaChacala.com of all liability regarding all forms of communication, monetary transfers, travel, rental conditions, agents, hazards, and all other liabilities related to renting a vacation home. Users understand VivaChacala.com is only a medium to connect potential renters with vacation homes, owners, managers, and/or agents. Website users agree that VivaChacala.com is not a booking agency and cannot be held responsible for theft, fraud, damage, libel, slander, or any type of communications including voice, phone, fax, email, social media, or any other form thereof. Do your homework and do not wire funds (especially internationally) until you are 100% confident you are dealing with the true owner/manager of the vacation rental. Any doubts or concerns should be directed to VivaChacala.com via our Contact Us page.
SPAMMING POLICY
Note: VivaChacala.com does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) - VivaChacala.com reserves the right to cancel (without refund) any member that mentions VivaChacala.com or any of its associated websites, URLs, or any associated VivaChacala.com email address in any SPAM e-mail message or Usenet posting. VivaChacala.com is the sole judge in determining what constitutes SPAM.
RENTAL INQUIRIES
It is the goal of VivaChacala.com to reduce the volume of SPAM delivered via the Rental Information and Availability Request (Inquiry) form. To that end, inquiries may be monitored and filtered by VivaChacala.com prior to delivery to VivaChacala.com members. Inquiries may be read by VivaChacala.com staff members. Despite VivaChacala.com filtering efforts, it is likely that some SPAM inquiries will be delivered anyway. It is also likely that some non-SPAM inquiries may not be delivered as a result of VivaChacala.com filtering efforts.
Rental inquires are delivered via Internet email and are not to be considered private. Internet e-mail delivery is not 100% reliable and VivaChacala.com cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries. VivaChacala.com, at its own discretion, may supply to potential renters the direct e-mail address and or phone number of VivaChacala.com advertisers for the purpose of making a rental inquiry.
EMAIL HACKING/CYBERCRIME
The email address you provide to VivaChacala.com for inquiries belongs to you and it is your responsibility to keep your identity secure. VivaChacala.com is not responsible for any instances of identity theft or cases where your email is being used by another party. Update your password regularly, and if you suspect your email has been hacked, immediately change your email password as well as your SayulitaLife owner login and password. Inform us if you suspect your email is being used without your knowledge. SayulitaLife can not be held responsible in the case of fraud stemming from an unauthorized party using your email address. VivaChacala.com reserves the right to suspend your listing until your email is made secure or has been changed by you.
PRICING
All ad packages, pricing and policies on the website are subject to change without notice. Owners are responsible for individual vacation rental and real estate pricing. VivaChacala.com assumes no responsibility nor offers any guarantee for prices posted on the website. Prices and/or estimates offered by VivaChacala.com are valid for seven days from the date of delivery. By submitting an ad on VivaChacala.com home/property owners agree to all terms on this page and understand they may not be notified of any price and/or policy changes. Any refund is subject to to sole discretion of VivaChacala.com.
MEMBERSHIP POLICIES
VivaChacala.com reserves the right to reject or edit any ad submitted at our sole discretion. Once material has been submitted, edited and posted on the VivaChacala.com web site, it becomes the property of VivaChacala.com and its affiliated sites and may not be copied from the VivaChacala.com web site without written permission.
EXTERNAL URLS:
VivaChacala.com does not permit the addition to external URLS. Guests and clients can easily contact you via the contact form on your page, by email and/or by telephone if you have provided one. Posting of urls, links, partial links, and/or attempting to subvert our system will result in immediate suspension of account.
LOCAL RULES AND REGULATIONS
Property owners are responsible for investigating and adhering to all local regulations including, but not limited to permits, licenses, occupancy taxes, and safety compliance.
By using or continuing to use the services of VivaChacala.com, you agree to the terms and conditions of this disclaimer and user policy.