Terms of Use

Pura Vida Ventures, LLC

Effective date: December 21, 2017

Please read these Terms of Use (the “Terms of Use”) before accessing or using Portico.travel (the “Site”). Pura Vida Ventures ("we", “us” or the “Company”) operates the Site and provides services (“Services”), primarily related to gathering travel information and planning trips, offered through the Site. This Terms of Use Agreement, as may be modified from time to time ("Agreement"), constitutes legally binding terms and applies to your use of the Services. By registering for an account on the Site, you become a Member, and you accept and agree to abide by the terms of use and privacy policy detailed on the Site. Every time you access the Services, you confirm your agreement with this Agreement.

1. Eligibility

This site is intended solely for users who are 18 years of age or older, and it is a violation of these Terms of Use for anyone under the age of 18 to register for the Site. You represent and warrant that you are 18 years old or older.

2. Registration

To access some parts of the Services, you may choose to connect using an authentication service such as Facebook connect and accept the terms that authentication service provides for the connection as well as these terms.

3. Use by Members

The Services are for the personal use of Members and may not be used for commercial purposes. We reserve the right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of the Services, including, without limitation, collecting Member information by electronic or other means for the purpose of sending unsolicited email, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Services.

4. Content

You alone are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account). You may not impersonate any other person or entity. No responsibility is assumed by the Company for the publication of any Member's information, including pictures published by Members. While it is incumbent on the Member to decide on what information the Member wishes to make available on the Site, the Company reserves the right to exercise editorial control over profile and picture content. We do not verify the accuracy or truth of any information published by Members.

You may not publish offensive content, this includes content that contains offensive language, overtly sexually explicit content (including photographs), is unlawful, threatening, libelous, abusive, harmful, racially offensive, obscene, defamatory or harassing. Further you may not publish content that encourages behavior that may constitute a criminal offence, result in civil liability or otherwise violate any applicable local, state, national or international law or regulation. If you become aware of misuse of the Services by any person, please contact us immediately.

While the Company reserves the right to delete or remove content deemed offensive by the Company, the Company does not guarantee that offensive material will be removed or deleted. Failure by the Company to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.

5. Account and Password Details

You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. Privacy

Use of the Services is also governed by our Privacy Policy, which can be found at https://portico.travel/privacy-policy, and is incorporated into this Agreement by reference.

7. Copyrighted Material

The Company respects the intellectual property of others, and requires that our Members do the same. You may not upload, post, email or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

8. Modifications to terms of use

We reserve the right to modify this Agreement at any time and from time to time, in our sole discretion and/or to account for new legislation, government regulations or for any other reason. Each such modification shall be effective upon posting on the Site. Your continued use of the Services following any such modification constitutes your agreement to be bound by new Agreement. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Services immediately.

9. Limitation on Liability

In no event shall the Company be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of the Services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the Services.

10. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, without regard to its conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

11. Indemnity

You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, affiliates, partner sites and third parties, from any loss, liability, claim, demand or damage, including, but not limited to, reasonable attorney's fees, arising out of or resulting from your use of this Site. This includes any violation of the terms of this Agreement or any action arising from the content that you publish on this site that infringes the intellectual property rights (which include without limitation copyright, trade secrets, trademark or patent) of any third party or content or communication that denigrates, libels or invades the privacy of any third party.

12. Severability

If any provision in these Terms of Use is deemed to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

13. Entire agreement

This Agreement, which includes the privacy policy, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

To contact us if you have any questions regarding this Agreement, please write to us at hello@portico.travel.