TERMS & CONDITIONS
BOQUETESHOPPER.COM
Welcome to our Web site. By using our site, you are agreeing to comply
with and be bound by the following terms of use. By using our site, you
agree that you are at least 18 (eighteen) years of age. Please review
the following terms carefully. If you do not agree to these terms, you
should not use this site. The term "BoqueteShopper.com" or "us" or "we"
or "our" or "site" refers to BoqueteShopper.com, the owner of the Web
site. The term "you" refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You
agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such matters
or any part of the Site, except as allowed by Section 4 below, is
strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
3. Service Marks.
"BoqueteShopper.com"
and others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the Site may
be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You
are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b)
to use the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No print
out or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter under any
circumstances.
5. Restrictions and Prohibitions on Use.
Your
license for access and use of the Site and any information, materials
or documents (collectively defined as "Content and Materials") therein
are subject to the following restrictions and prohibitions on use: You
may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content and
Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information base,
or similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site software or use any
network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws or regulations of the Republic of Panamá.
6. No Legal Advice or Attorney-Client Relationship.
Information
contained on or made available through the Site is not intended to and
does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client relationship
is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm
and the Site is not a lawyer referral service.
7. Linking to the Site.
You may
provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage in illegal,
pornographic, drug use, harmful, or adult related material activities,
and (c) you discontinue providing links to the Site immediately upon
request by us.
8. Advertisers.
The Site may
contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the
Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in
the advertiser's or sponsor's materials.
9. Registration.
Certain sections
of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. At our discretion, we may
delete any registration we suspect as using fictitious information
and/or registration information we deem vulgar, obscene, or offensive.
By registering, you confirm that you are at least 18 (eighteen) years
of age. Each registration is for your personal use only and not on
behalf of any other person or entity. We do not permit (a) any other
person using the registered sections under your name; or (b) access
through a single name being made available to multiple users on a
network. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes.
We
do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or
through the Site will be correct, accurate, timely or otherwise
reliable. THE SITE DOES NOT WARRANT, IMPLY, OR GUARANTEE ANY LISTING TO
BE ACCURATE. THE SITE DOES NOT WARRANT, IMPLY, OR GUARANTEE ANY LISTING
TO BE DEFECT FREE. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
11. Third Party Content.
Third
party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for
any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You
understand that the information and opinions in the third party content
represent solely the thoughts of the author and is neither endorsed by
nor does it necessarily reflect our belief.
12. Notice: Advertising outside of BoqueteShopper.com
In
an effort to better facilitate the sale of your item(s) listed on
BoqueteShopper.com, we may, at our discretion, advertise your items on
other third party websites. No identifying information will be given,
other than the information you have requested BoqueteShopper.com to
display in said listing. If you do not wish BoqueteShopper.com to
advertise your material or aircraft on third party sites, please
contact the administration by this link: Contact Us
13. Unlawful Activity.
We reserve
the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not
limited to cancellation of a listing, restriction of user access,
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses
and traffic information.
14. Indemnification.
You agree to
indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product
and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
15. Nontransferable.
Your right to
use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or
assignable.
16. Disclaimer.
THE INFORMATION,
CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS IS,"
"AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN SECTION 17(c). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage, whether it be physical
or monetary, of any kind resulting in any way from (1) any errors in or
omissions from the Site or any services or products obtainable
therefrom, (2) the unavailability or interruption of the Site or any
features thereof, (3) your use of the Site, (4) the content contained
on the Site, or (5) any delay or failure in performance beyond the
control of a Covered Party.
(b) THE SITE CAN NOT AND DOES NOT WARRANT, IMPLY, OR
GUARANTEE ANY LISTING TO BE ACCURATE. THE SITE DOES NOT WARRANT, IMPLY,
OR GUARANTEE ANY LISTING BE DEFECT FREE.
(c) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR
THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR
HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All
remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission as
confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to
the Submission of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you
submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
19. Third-Party Services.
We may
allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and
Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
21. Privacy Policy.
Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by following this link: Privacy Policy
22. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by you
at the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may
include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends," "will" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings or
documents.
24. Links to other Web Sites.
The
Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
25. Copyrights, Trademarks, Patents and Copyright Agents.
We
respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright, trademark, or patent infringement, please
provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted, trademarked, or patented work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright, trademark, or patent owner, its
agent, or the law;
- A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and
that you are the copyright, trademark, or patent owner or authorized to
act on the copyright, trademark, or patent owner's behalf.
Our Copyright Agent for Notice of claims of copyright, trademark, or
patent infringement on the Site can be reached by following this link: Contact Us
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided
or endorsed by us.
27. Legal Compliance.
You agree to
comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
28. Refund, Return, and Cancellation Policy.
Due
to the informational nature of this site, all sales are final. Refunds,
returns, or exchanges are not allowed. Site provided services canceled
by you, or canceled by the site administration due to listing
violation, will not be refundable, returnable, or exchangeable.
29. Dispute Policy
BoqueteShopper.com
acts as a locale for sellers to display ads on our website. We are in
no way involved in any transactions between sellers and buyers. We have
no control over any of the items advertised, the accuracy or truth of
the listings. We cannot and do not verify if a seller finishes the sale
of items they provide or buyers will finish the purchase of items they
have identified. We cannot and do not verify if the seller has or will
ship or mail (if applicable) any item. BoqueteShopper.com cannot and
does not verify any member of our site. You must take precautions to
avoid fraud before dealing with any members of our site. This website,
by its very nature, may be harmful, offensive, inaccurate, mislabeled,
or deceptively labeled. Because we are not involved in user-to-user
transactions, should you have a dispute with one or more users of this
site, you release BoqueteShopper.com (and our employees, agents, and
contractors) from any damages (actual and/or consequential), claims, or
demands in any form. Should you be a California resident, you waive
California Civil Code 1542, which states: "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."
30. Listing Policy
Our Listing
Policy, as it may change from time to time, is a part of this
Agreement. You must review this Listing Policy by following this link:
Listing Policy
31. Miscellaneous.
This Agreement
shall be treated as though it were executed and performed in Boquete,
Panamá and shall be governed by and construed in accordance with the
laws of the Republic of Panamá (without regard to conflict of law
principles). Any cause of action by you with respect to the Site
(and/or any information, documents, products or services related
thereto) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
32. Arbitration.
Any legal
controversy or legal claim arising out of or relating to this Agreement
or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Site
operations, intellectual property, and our services, shall be settled
solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Boquete, Panamá and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either you or us may seek any interim or preliminary relief
from a court of competent jurisdiction in Boquete, Panamá necessary to
protect the rights or property of you and us pending the completion of
arbitration. Each party shall bear one-half of the arbitration fees and
costs incurred through JAMS.