ACCEPTANCE

Use of this website or any web sites which are generated using or containing Ecuareal’ content (“the Web Sites”), and information distributed in conjunction with the Web Sites, is offered to you on your acceptance of these Terms of Use, the Privacy Policy and other notices posted on this website. Your use of the Web Sites or of any content presented in any and all areas of the Web Sites indicates your acknowledgment and agreement to these Terms of Use and other notices posted on the Web Sites. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services, or the Web Sites. We suggest that you print a copy of each of these documents for your records.

Ecuareal shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Web Sites. The most recent version of these Terms of Use may always be found at http://www.ecuareal.com/terms-of-service  You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

DISCLAIMER

You acknowledge that you are solely responsible for the use to which you put the Web Sites and all the results and information you obtain from them and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to the Web Sites hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Web Sites.

The performance of the Web Sites and all information contained on, downloaded or accessed from the Web Sites are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.  Ecuareal shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this website or the Web Sites.

Ecuareal reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or the Web Sites or any information contained thereon without liability or notice to you.

As a visitor to the Web Sites, you acknowledge and agree that any reliance on or use by you of any information available on the Web Sites shall be entirely at your own risk.  In no event shall Ecuareal nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of the Web Sites, even if Ecuareal or such provider has been advised of the possibility of such damages.

By using the Web Sites, you acknowledge that Ecuareal is not a licensed Real Estate Agent, Travel Broker or Travel Consultant. Furthermore, Ecuareal cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of the information contained in the Web Sites.  You are responsible for confirming the sufficiency and reliability of any such information.

PRIVACY POLICY STATEMENT

All Personally identifiable information (PII) collected during your visit is used only for described in our Privacy Policy.  We do not sell, lease or rent personal information. For more information please read our complete Privacy Policy.

CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

USER CONDUCT AND OBLIGATIONS

You agree to follow all applicable laws and regulations when using the Web Sites. Furthermore, you agree that you shall not:

1. upload, post or otherwise transmit through or to the Web Sites any content that  is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;  might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;  contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this website or the Web Sites, its computer systems, servers or networks;
3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. collect information about other visitors to the Web Sites without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
6. sell access to or the use of the Web Sites, including any content contained on, downloaded or accessed from the Web Sites, except as specifically permitted in writing by Ecuareal; and
7. redistribute any content, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, unless specifically authorized by Ecuareal.

By uploading, posting or otherwise transmitting any content through or to this website or the Web Sites, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of the Web Sites or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

THIRD PARTY WEB SITES AND CONTENT

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

PROPRIETARY RIGHTS

Ecuareal name, service marks and other identifying marks, logos or names of Ecuareal are and shall remain the trade-marks and trade names and exclusive property of Ecuareal, and any unauthorized use of these marks is unlawful. Other trade-marks on the Web Sites are the property of their respective owners. All content on the Web Sites, including without limitation all programs, compiled binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Ecuareal and is protected by international copyright law.  The content on the Web Sites may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

NOTICE OF COPYRIGHT INFRINGEMENT

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on the Web Sites in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on the Web Sites that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Ecuareal
Residencia A, Dpt 2, Solar 5, Mz 1, Urb. Los Capaes, Santa Elena, Ecuador

Attention: Copyright Manager

GENERAL

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States of America applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, New York, New York.

You agree that these Terms of Use, and other notices posted on the Web Sites have been drawn up in English.  Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

CONTACT

If you have any questions or concerns about these Terms of Use, please feel free to contact us:
US: +1 (650) 539 2446
EC: +593 93 993 1602
nelly@ecuareal.com
These Terms of Use were last modified on October 4, 2019.