Nicaragua.com Affiliates Agreement
Thank you for visiting Nicaragua.com. The following terms constitute an agreement between you (“User”, "Your", or "You") and Nicaragua.com (“Site or Company”) which is the operator of this site.
This Agreement ("Directory Listing Use Policy", "Agreement", or "DLUP") governs your use of Nicaragua.com which you access by signing in with a screen name or other credential ("Screen Name") issued by us.
Please read the terms and conditions of this Agreement carefully as it sets forth your rights and obligations with respect to use of Nicaragua.com.
By completing the registration process and clicking "I accept", you are indicating your agreement to be bound by all of the terms and conditions of this Agreement and to all terms, conditions, and notices contained or referenced in the Use Policy and in the Privacy Statement . If you are not willing to be bound by the terms and conditions of this agreement, you should click "I don't accept".
Management of This Site
The Nicaragua.com Directory Service (the “Directory” or “Service”) is solely responsible for this site and the management and supervision of the Directory. Any questions or comments about this Service must be directed to Nicaragua.com.
This Agreement is made and entered into between Nicaragua.com and you as an affiliate (“you” or “Affiliate”) and shall apply to your participation in the Nicaragua.com Directory Service. The term of this Agreement will begin if we decide to accept your application to become an affiliate. Any decision whether to accept your application shall be at the sole and absolute discretion of Nicaragua.com and be binding on you without recourse to Nicaragua.com or its affiliates.
Use of Service
You warrant and represent that you are not a travel agent, advertiser, distributor of travel products or services, affiliate program participant or owner, governmental agency, advertising agency, or operator, owner, agent or representative of a similarly situated business.
You agree not to disrupt or interfere with the services provided on this site, nor to alter or tamper with any information or materials on or associated with this site.
You agree not to attempt to penetrate security measures of Nicaragua.com whether or not the intrusion, either intentional or unintentionally, results in corruption or loss of data.
You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service.
You shall be solely responsible for the development, technical operation, and maintenance of your site and for the accuracy of all content and material appearing on your site, together with the technical operation of your site and all related equipment.
You represent that all content posted on your site does not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights) and that any such content posted on your site is not libelous or otherwise illegal.
You are hereby granted a nonexclusive, nontransferable, revocable right to appear on our site and understand that we may terminate such a right as well as this Agreement at any time, and for any reason.
We make no express or implied guarantee, representation or warranty arising out of your use of this service or whether this service will be error-free or uninterrupted.
Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf and shall refrain from making any statement, whether on your site or otherwise, that violates this provision. We may cite your name or URL in connection with your participation on our site, newsletters, advertisements, and other online or offline communications.
Termination of Service
Currently, this Directory Service is free of charge. However, we reserve the right to discontinue the terms of this service or terminate this agreement, with or without cause, at any time. Similarly, you may terminate this Agreement at any time, with or without cause. If either of us terminates this Agreement then we shall give the other party written notice of termination.
Change in Terms
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. NICARAGUA.COM, ITS RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NICARAGUA.COM, ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NICARAGUA.COM. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NICARAGUA.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Nicaragua.com, you agree to defend, indemnify, and hold harmless Nicaragua.com and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site. Nicaragua.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nicaragua.com in asserting any available defenses.
Choice of Law and Jurisdiction
TAKE NOTICE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING THE LAWS OF YOUR OWN JURISDICTION; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WASHINGTON, COUNTY OF KING, OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF WASHINGTON, COUNTY OF KING, FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Severability and Integration
Nicaragua.com reserves the right to modify these policies at any time. These policies do not supersede any other policies, or terms and conditions adopted or stated herein.
Nicaragua.com may assign this Agreement at any time without notice to you. You may not assign this contract to anyone else.
Operation Under License
This site is operated and managed under license to a third party which is solely responsible for the services described herein.
Comments and Questions
If you have questions or suggestions, please complete contact us by completing the form provided on the ”Contact Us” page.