Terms and Conditions

Welcome to the vivirosa.com website, which is owned and administered by Creaciones de la Familia Estelar Limitada, a Costa Rican Limited Responsibility company, hereby referred to as CFEL.VIVIR OSA is a commercial name that is owned and operated by CFEL. These website terms of use (the “Terms of Use”) constitute a legal agreement between you and VIVIR OSA concerning access to and use of the Website. PLEASE READ THE TERMS OF USE CAREFULLY before browsing the Website or using the services it describes (the “Services”).

Acceptance of Terms of Use Whenever you browse the Website or use any of the Services, you agree to be bound by the Terms of Use. IF YOU DO NOT WANT TO ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE OR THE SERVICES. VIVIR OSA may amend the Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Terms of Use. We ask that you review this page regularly.

 

SUMMARY OF TERMS OF USE

Vivirosa Terms and Conditions for FSBO Property Owners

By listing your property on the Vivirosa platform, you agree to abide by the following terms and conditions (“Terms”). These Terms outline the rights and responsibilities of FSBO (For Sale By Owner) property owners and Vivirosa. Please read them carefully.

Free Listing and Exposure

  • Property owners can list their properties on Vivirosa at no cost, gaining exposure to our network of potential buyers.

Buyer Connections

  • Property owners are solely responsible for all subsequent interactions with buyers, including but not limited to:
    • Scheduling visits.
    • Negotiating terms.
    • Finalizing and closing the transaction.

Commission and Payment Terms

  • Upon successful closure of a transaction with a Vivirosa-referred buyer, the property owner agrees to pay Vivirosa a commission of 2% of the closing price, plus applicable IVA sales tax.
  • Payment must be made within 5 calendar days of the transaction closing.
  • Property owners who opt to receive buyers from real estate agents agree to the following commission structure, which is paid directly to the buyer’s agent in addition to Vivirosa’s commission:
    • Up to $100,000: 5% + IVA.
    • $100,001 to $1,000,000: 4% + IVA.
    • $1,000,001 to $1,500,000: 3.5% + IVA.
    • Above $1,500,000: Negotiable.
  • If a buyer is referred by an agent, Vivirosa’s commission is reduced to 1% of the closing price, plus applicable IVA. For example, on a property selling for $500,000, the total commission paid would include 4% + IVA ($20,000 + IVA) to the buyer’s agent and 1% + IVA ($5,000 + IVA) to Vivirosa, for a total of 5% + IVA ($25,000 + IVA).

Real Estate Agent Relationships

  • Buyers referred by real estate agents will only be connected with property owners after obtaining the owners’ explicit, documented prior approval.
  • Real estate agents are not employees or contractors of Vivirosa; they operate as independent businesses.
  • “Buyers” in this context refers to any and all individuals referred by agents who were connected to the property owner through Vivirosa, including but not limited to individuals who represent the property on behalf of the owner. This applies for the duration of the relationship between the property owner and the agent.
  • Property owners acknowledge that commissions paid to buyer’s agents are in addition to Vivirosa’s commission.

Property Listing Responsibilities

  • Property owners are responsible for creating high-quality property listings, which must include:
    • High-resolution images.
    • Detailed property descriptions and features.
    • Accurate location information.
    • Any additional details to enhance the listing’s appeal.

Vivirosa’s Role and Responsibilities

  • Vivirosa is responsible for marketing the platform to attract potential buyers and for facilitating connections between buyers and property owners.
  • Vivirosa is not legally responsible for:
    • The accuracy of property listings.
    • Any disputes arising between property owners and buyers.
    • The outcome of property transactions.

Legal Compliance and Enforceability in Costa Rica

  • These Terms are governed by the laws of Costa Rica. Property owners agree to comply with all applicable local laws and regulations related to property transactions, including but not limited to tax compliance and property registration.
  • Any disputes arising under these Terms shall be resolved in accordance with Costa Rican law, with jurisdiction vested in the appropriate courts of Costa Rica.
  • Vivirosa retains the right to terminate or suspend a property listing for any violation of these Terms or applicable laws.
  • Property owners agree that all commissions owed to Vivirosa or buyer’s agents are enforceable under Costa Rican law and must be paid in full as outlined in these Terms.

General Provisions

  • By listing a property, the owner acknowledges and agrees to these terms and conditions.
  • Vivirosa reserves the right to modify these Terms at any time, with reasonable notice provided to property owners.
  • Vivirosa disclaims all liability for property transactions and interactions between buyers and property owners.

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FULL TERMS AND CONDITIONS

VIVIR OSA reserves the right to cancel the Terms of Use and/or your right to browse and use any or all of the Website or Services, without notice, at its complete discretion.

Advisory The purpose of the Website is to help users sell or rent their properties (the “Properties”) with little or no use of third parties. It is up to the seller and purchaser or to the lessor and lessee to complete any eventual transaction, with the understanding that VIVIR OSA will not be part of the transaction, unless the appropriate ‘add-on’ packages have been purchased. In the interests of transparency for the potential buyers and lessees who browse the Website, the telephone number posted on the listing and the lawn sign must be the owner’s or lessor’s, respectively. In the event that the sale or rental of the Property is entrusted to a third party, it is not permitted to refer potential buyers or lessees to the third party through the content of the listing (telephone number, email, description, etc.) or through the lawn sign, otherwise the listing will be removed from the Website without refund and legal action may be taken.

Although VIVIR OSA strives to use its best efforts to keep the Website secure and maintain its integrity, VIVIR OSA MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE SELLERS OR LESSORS TO SELL OR RENT THEIR PROPERTIES OR OF THE BUYERS OR LESSEES TO PURCHASE OR RENT THEM.

From time to time, the Website may provide information on the various aspects of selling and renting a property (“Information”). Such Information is provided solely for educational purposes and shall in no event be construed as advice, an opinion, recommendation or action plan. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified professional, where applicable.

VIVIR OSA authorizes only those of its clients who have active files on the Website to use VIVIR OSA signs. Should you fail to observe this policy, VIVIR OSA reserves the right to seize the signs in question.
Copyright All material, articles, text, illustrations, graphics, images, photographs, virtual tours, information, audio or video clips, data, databases, maps, files, software and codes available on the Website (the “Content”), including the manner in which the Content is presented, belong to VIVIR OSA, its affiliates, licensors and/or the party acknowledged as the Content supplier.
Without limiting the generality of the foregoing, VIVIR OSA owns the copyrights in all photographs posted on the Website and/or taken by VIVIR OSA, its employees, representatives, mandataries, agents, and/or licensors.

You shall not: (i) copy, reproduce, modify, adapt, translate, download, distribute or transmit all or any part of the Content; (ii) perform “data scraping”, “database scraping” or any other activity intended to collect, store, reorganize or manipulate data from the Website or any part of the Content in any form and by any means; (iii) sell, lease, license or otherwise use the Content for commercial, public or non-personal purposes; (iv) modify, remove or cover any trade-mark or proprietary notice included in the Content; (v) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the Content, or help anyone do so; or (iv) use the Website in any way that could damage, impair, overburden, disable, or otherwise affect the Website or any services, accounts, servers, networks, resources, linked or accessible through the Website.

Trademarks The VIVIR OSA brand is a commercial name owned by CFEL. Other names, words, title, phrases, logos, drawings, graphics, icons and trademarks posted on the Website may constitute trademarks of VIVIR OSA or of a third party. Nothing on the Website shall be construed as granting you any licence or right of use of any logo, drawing or trademark of VIVIR OSA or a third party.
Submissions Via the Website, you can post and submit messages, data, text, photographs, images and other material (“Your Content”) and interact with VIVIR OSA, its employees, agents, mandataries and other users.

You are fully responsible for the quality and accuracy of Your Content. You agree that Your Content must not violate or infringe upon the rights of others, including privacy, confidentiality, personally identifiable information and intellectual property rights, contravene any law, regulation or government order, infringe any applicable third party terms of use, including any terms of use related to the use of a mobile application or related to a service for which the terms of use are accessible on the Website, or constitute false, misleading, or otherwise illegal information. You agree not to use the Website to harass or abuse, send spam or any unwanted communications, including for commercial purposes, or send unlawful, libelous, obscene, offensive, threatening, aggressive, abusive, discriminatory or otherwise objectionable messages.

Whenever you post Your Content on the Website or submit Your Content to VIVIR OSA, you grant VIVIR OSA an unlimited, irrevocable, non-exclusive, perpetual and royalty-free worldwide licence to: (i) use, copy, store, adapt, translate, modify, create derivative works, transmit, distribute and publicly perform Your Content or make it publicly available for any purpose; and (ii) grant sublicences to third parties for unlimited rights to exercise any of the foregoing rights. Other than granting the aforementioned licence, you hereby (i) agree to waive all of the moral rights to Your Content in favour of VIVIR OSA; (ii) consent to the appearance of your name, address and e-mail address for Your Content, if any, and to the disclosure and/or posting of such information, as well as any other personal or confidential information about you or a third party, which information may be found in Your Content; (iii) acknowledge and agree that VIVIR OSA shall not be liable for any loss, damage to or corruption of Your Content; and (iv) acknowledge and agree that the presentations you upload for posting on the Website or that you submit to VIVIR OSA shall not be deemed confidential.

VIVIR OSA reserves the right, without any obligation, to monitor the Website, Your Content or any of the content accessible via the Website, in its sole discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users. VIVIR OSA may remove Your Content and/or terminate, limit or suspend your access to the Website for any reason.

Links to Third-Party Sites The Website contains links to third-party sites (the “Third-Party Sites”) which will direct you away from the Website. VIVIR OSA provides these links for your convenience. The Third-Party Sites are not under VIVIR OSA’s control and the links shall not be construed as approval or an endorsement of their content by VIVIR OSA. VIVIR OSA shall not be liable for the content of Third-Party Sites, the links they contain or any changes or updates made to them, and VIVIR OSA makes no warranty in that respect.

Links to Website VIVIR OSA encourages links to the Website. However, VIVIR OSA reserves the right, in its sole discretion, to refuse a link at any time. You agree to remove any link you may have to the Website at VIVIR OSA’s request. The link must allow for a new full-screen browser window, only occupied by the Website’s pages. It is strictly prohibited to frame or display the Content in any way that alters its appearance.

Privacy
You acknowledge that your personal information may be used by the Website in accordance with the privacy policy available at: vivirosa.com/privacy.

Disclaimer of Liability THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU BROWSE AND USE THE WEBSITE AND ITS FUNCTIONALITIES AT YOUR OWN RISK. VIVIR OSA MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITE, THE SERVICES OR THE CONTENT. VIVIR OSA ASSUMES NO RESPONSIBILITY FOR ANY MISLEADING CONTENT OR INCORRECTLY LISTED INFORMATION. VIVIR OSA ASSUMES NO LIABILITY FOR THE FAILURE TO SELL  OR COMPLETE THE SALE OF YOUR PROPERTY THROUGH THE WEBSITE. VIVIR OSA ASSUMES NO LIABILITY IN CASE OF FORCE MAJEURE CAUSING THE PARTIAL OR COMPLETE INTERRUPTION OF THE SERVICES, TEMPORARILY OR PERMANENTLY. FOR ILLUSTRATIVE PURPOSES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIVIR OSA ASSUMES NO LIABILITY FOR THE INTERRUPTION OF THE SERVICES CAUSED BY A THIRD PARTY, INCLUDING THE TERMINATION OF ANY THIRD PARTY’S ACTIVITIES WHICH ARE ESSENTIAL TO PROVIDE THE SERVICES. VIVIR OSA, ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS, AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGE OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR FORTUITOUS DAMAGE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED THEREON OR ON ANY OTHER SITE YOU MAY LINK TO THROUGH THE WEBSITE, EVEN IF THEY WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE. VIVIR OSA, ITS AFFILIATES, THEIR DIRECTORS, EMPLOYEES, MANDATARIES, AGENTS AND LICENSORS, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USING THE WEBSITE AND ITS FUNCTIONALITIES OR THAT OF ANY ADVERTISER OR SPONSOR ON THE WEBSITE (“THIRD-PARTY USERS”) AND SHALL IN NO EVENT BE LIABLE FOR ANY HARM, LOSS OR DAMAGES (INCLUDING SPECIAL, INDIRECT OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM (i) THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; OR (ii) THE USE OF OR INABILITY TO USE ANYTHING OR ANY SOFTWARE, CONTENT, GOODS OR SERVICES ON OR OFFERED THROUGH A SITE LINKED TO THE WEBSITE.

Indemnification You agree to indemnify, hold harmless and defend VIVIR OSA, its affiliates, their directors, employees, mandataries, agents, and licensors, including their respective successors and assigns, from and against all claims, demands, liability, costs or expenses of any nature, including legal fees and disbursements arising directly or indirectly from: (i) your violation of the Terms of Use; (ii) your browsing, use or inability to browse or use the Website and/or the Services or any site to which the Website is or may be linked from time to time; (iii) your use of publications, communications, distributions or downloads of any nature via the Website and/or the Services, or your reliance thereon; and/or (iv) your violation of the applicable legislation or regulations. You agree to cooperate with us in contesting any claim.

Governing Law These Terms of Use, as well as your use of the Website and Services, shall be governed by the laws of the Province of Quebec and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services or these Terms of Use shall be subject to the jurisdiction of the courts of the District of San Vicente, Province of San Jose, Costa Rica.