Cotopaxn Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Cotopaxn website (the “Site”), including all content, products, and services made available through the Site (collectively, “Services”). By accessing or using the Site or Services, you (“User” or “you”) agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.

1. Eligibility

1.1 To use the Site and Services, you must be at least 18 years of age or have the legal consent of a parent or guardian to enter into these Terms. By using the Site, you represent and warrant that you meet this eligibility requirement and have the legal capacity to comply with these Terms.

1.2 If you are accessing or using the Site on behalf of a business, organization, or other entity, you represent and warrant that you are authorized to act on behalf of that entity and bind it to these Terms. In such cases, “you” refers to both you and the entity.

2. Account Registration and Security

2.1 To access certain features of the Site (e.g., placing orders, saving preferences, participating in experiences), you may need to create an account. When creating an account, you must provide accurate, current, and complete information. You agree to update your account information promptly if it changes.

2.2 You are responsible for maintaining the confidentiality of your account username and password. You agree to take all reasonable steps to protect your account from unauthorized access, including not sharing your credentials with third parties.

2.3 You are solely responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify Cotopaxn immediately at [email protected]. Cotopaxn will not be liable for any loss or damage resulting from your failure to protect your account credentials.

2.4 Cotopaxn reserves the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or for any other legitimate business reason.

3. Use of the Site and Services

3.1 You agree to use the Site and Services only for lawful purposes and in compliance with these Terms, as well as all applicable laws, regulations, and third-party rights.

3.2 Prohibited Uses: You may not use the Site or Services to:

a. Upload, post, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, harassing, or discriminatory (based on race, gender, religion, disability, or other protected characteristics).

b. Engage in fraudulent activity, such as impersonating another person or entity, forging information, or making false claims about your identity or affiliation.

c. Access, modify, or disrupt any part of the Site or its underlying technology (e.g., servers, databases, software) without prior written permission from Cotopaxn.

d. Use automated tools (e.g., bots, scrapers) to collect, extract, or copy content from the Site without Cotopaxn’s express consent.

e. Sell, rent, lease, or sublicense any part of the Site or Services to a third party.

f. Violate any intellectual property rights of Cotopaxn or third parties (e.g., copying, distributing, or modifying copyrighted content without permission).

g. Interfere with the use of the Site by other users (e.g., overloading the Site with traffic, disrupting servers).

3.3 Cotopaxn may, at its sole discretion, limit or restrict your access to certain parts of the Site or Services (e.g., limiting the number of orders you can place, restricting access to exclusive experiences) without notice, if we believe such action is necessary to protect the Site, other users, or our business.

4. Intellectual Property Rights

4.1 All content on the Site, including but not limited to text, images, logos, trademarks, product designs, videos, and software (collectively, “Intellectual Property”), is owned by or licensed to Cotopaxn. All rights in the Intellectual Property are reserved.

4.2 You may access and view the Intellectual Property for personal, non-commercial use only. You may not copy, reproduce, distribute, modify, adapt, publish, display, or create derivative works from any Intellectual Property without the prior written permission of Cotopaxn.

4.3 The name “Cotopaxn” and all related logos, slogans, and trademarks are registered or unregistered trademarks of Cotopaxn. You may not use these trademarks without the express written consent of Cotopaxn.

4.4 If you submit any user-generated content (e.g., reviews, photos, feedback) to the Site, you grant Cotopaxn a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, modify, and display that content for the purpose of operating, promoting, and improving the Site and Services. You represent and warrant that you own all rights to the user-generated content you submit and that it does not infringe on any third-party rights.

5. Product and Experience Information

5.1 Cotopaxn strives to provide accurate and up-to-date information about products (e.g., descriptions, prices, availability) and experiences (e.g., itineraries, dates, requirements) on the Site. However, we do not warrant that all information is error-free, complete, or current.

5.2 Product availability is subject to change without notice. If a product you have ordered becomes unavailable after your order is confirmed, Cotopaxn will notify you promptly and offer a refund or alternative product (if available).

5.3 Experience details (e.g., locations, guides, activities) may be modified due to factors beyond our control (e.g., weather, safety concerns, local regulations). Cotopaxn will notify participants of any material changes as soon as reasonably possible and will work with you to find a suitable alternative or issue a refund if requested.

5.4 Colors, sizes, and other product attributes may vary slightly from the images displayed on the Site due to differences in device screens or manufacturing processes.

6. Third-Party Links and Services

6.1 The Site may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, shipping providers). These links are provided for your convenience only and do not constitute an endorsement by Cotopaxn of the third party or its services.

6.2 Cotopaxn has no control over third-party websites or services and is not responsible for their content, privacy practices, or terms of use. You access third-party links at your own risk and should review the third party’s terms and privacy policy before using their services.

6.3 Some features of the Site may rely on third-party services (e.g., payment processing, analytics). Cotopaxn will share your information with these third parties only as necessary to provide the Services and in accordance with our Privacy Policy.

7. Disclaimers of Warranties

7.1 THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COTOPAXN DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND RELIABILITY.

7.2 COTOPAXN DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE SECURITY MEASURES TO PROTECT YOUR DEVICE AND DATA WHEN USING THE SITE.

7.3 ANY ADVICE OR INFORMATION OBTAINED FROM COTOPAXN OR THROUGH THE SITE (E.G., FROM CUSTOMER SERVICE, REVIEWS) IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE.

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COTOPAXN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF COTOPAXN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 COTOPAXN’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO COTOPAXN FOR PRODUCTS OR EXPERIENCES IN THE 12 MONTHS PRIOR TO THE CLAIM.

8.3 NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE COTOPAXN’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cotopaxn, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

a. Your use of the Site or Services;

b. Your violation of these Terms or any applicable laws, regulations, or third-party rights;

c. Your user-generated content;

d. Any unauthorized use of your account.

10. Changes to These Terms

Cotopaxn reserves the right to modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page and post the revised Terms on the Site. The updated Terms will take effect immediately upon posting.

Your continued use of the Site or Services after the revised Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site and Services.

11. Termination

11.1 These Terms will remain in effect until terminated by either party. You may terminate these Terms at any time by discontinuing your use of the Site and Services and deleting your account (if applicable).

11.2 Cotopaxn may terminate these Terms or suspend your access to the Site at any time, with or without notice, if:

a. You violate any provision of these Terms;

b. You engage in fraudulent or illegal activity;

c. We determine that your use of the Site poses a risk to other users, our business, or the Site’s security;

d. For any other legitimate business reason.

11.3 Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections 4 (Intellectual Property Rights), 7 (Disclaimers of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 12 (Governing Law and Dispute Resolution) will survive termination.

12. Governing Law and Dispute Resolution

12.1 These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Colorado], United States, without regard to its conflict of laws principles.

12.2 Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or Services shall first be resolved through good-faith negotiation between you and Cotopaxn. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration in [Insert City, e.g., Denver], Colorado, in accordance with the rules of the American Arbitration Association (AAA). The arbitration award shall be final and binding on both parties.

12.3 You and Cotopaxn agree to waive the right to a jury trial in any dispute arising out of these Terms. Neither party may bring a class action or representative action against the other; all disputes must be resolved on an individual basis.

13. Miscellaneous

13.1 These Terms constitute the entire agreement between you and Cotopaxn regarding your use of the Site and Services, superseding all prior or contemporaneous agreements, communications, and understandings (whether oral or written).

13.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

13.3 Cotopaxn’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it in the future.

13.4 You may not assign these Terms or any of your rights or obligations under them without Cotopaxn’s prior written consent. Cotopaxn may assign these Terms to any affiliate or successor in interest without your consent.

14. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us at:

Email: [email protected]