Please read the terms
and conditions of use carefully before using this site.
By using this site, you agree to the terms of use.
If you do not agree to the terms of use, you may not use
the site. We reserve the right, at our
discretion, to change, modify, add or remove portions of
the terms at any time. Prices and
information are also subject to change at any time.
Alterations of the site in no way affect the terms
themselves. Please check the terms
periodically for changes. Your continued use
of the site following the posting of changes to the
terms will mean you accept those changes.
Restrictions on Use
This site is owned and operated by Caliente Resorts (hereinafter "CRLLC", "we", "us",
or "our"). No material from this site or any web
site owned, operated, licensed, or controlled by CRLLC
may be copied, reproduced, republished, posted,
transmitted or distributed in any way, except that you
may download one copy of the materials on any single
computer for your personal, noncommercial use only.
By doing so, you agree to keep intact all copyright,
trademark and other proprietary notices.
Modification of the materials or use of the materials
for any other purpose is a violation of CRLLC's
intellectual property rights. For purposes
of these terms, the use of any such material on any
other web site or electronic network medium is
prohibited. All trademarks, service marks,
and trade names are property of CRLLC.
In the event you download anything from the site, the
software, including any files, images, or data
accompanying the software (collectively, the "software")
are licensed to you by CRLLC for the limited use
described in the preceding paragraph. CRLLC
transfers no right, title or interest to the software to
you. CRLLC retains full and complete title
to the software, and all intellectual property rights
therein. You may not redistribute, sell,
decode, reverse engineer, disassemble or otherwise
reduce the software to a human-perceivable form.
If you are interested in gaining permission for online
use of photos, or permission to use our logos and/or
trail map online, please send us an email outlining the specifics of your
request.
Intellectual Property
You expressly recognize and agree that CRLLC's
trademarks are the sole property of CRLLC or its
subsidiaries and affiliates. You do not have
any right, title or interest in such or any use thereof,
including but not limited to the reproduction of any
such trademarks. You agree that all the
trademarks have great value and good will and, in the
event of a breach of this section, injury to CRLLC would
be irreparable and, therefore, injunctive relief to
protect CRLLC's interests would be appropriate (without
limitation as to other damages which might be allowed by
law).
Jurisdictional Issues
Unless otherwise specified, the materials in the site
are presented solely for the purpose of promoting the
CRLLC operated resorts commonly known as Caliente
Resort, Spa Sereno and Eden Bay Resort. This
agreement shall be governed by and interpreted in
accordance with the laws of the State of Florida.
Exclusive jurisdiction and venue for any legal
proceedings related to this agreement shall be in the
District Court for Pasco County, Florida or in the
United States Federal Court for the State of Florida.
You hereby consent and submit to the jurisdiction of
such courts for the purposes of litigating any such
action.
Termination
The terms and conditions are effective until terminated
by either party. You may terminate this
agreement at any time by destroying all software or
other intellectual property obtained from any CRLLC site
and all copies and installations thereof.
The terms and conditions may terminate immediately
without notice from CRLLC if in CRLLC's sole discretion
you fail to comply in any way therewith.
Should you choose to terminate, you must destroy all
software and other intellectual property obtained from
any CRLLC site and any copies thereof.
Disclaimer
This site is provided "as is" and without warranties of
any kind either express or implied. To the
fullest extent permissible pursuant to applicable law,
CRLLC disclaims all warranties, express or implied,
including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose.
In no way does CRLLC warrant the site or its operation
will be error-free or uninterrupted. In no
way does CRLLC warrant that defects will be corrected,
or that the site is free from viruses and the like.
In no way does CRLLC warrant use of the site in terms of
accuracy, reliability, or otherwise. You
assume the entire cost of all necessary repairs.
Furthermore, CalienteVacations.com expressly disclaims
any responsibility for the accuracy or reliability of
sites that link to or from CalienteVacations.com that
are not produced by CRLLC. In no way does
CalienteVacations.com warrant the security of
transmission of information you may be requested to
provide such sites, and you hereby irrevocably waive any
claim against us with respect to such sites.
Limitation of Liability
Under no circumstances shall CRLLC be liable for any
special or consequential damages that may occur during
the use of, or the inability to use, this site, even if
CRLLC or an agent of CRLLC has been advised of the
possibility of such damages. Local
jurisdictions may prohibit the limitation of certain
types of liability, therefore this section may not apply
to you. In any event, CRLLC's total tort or
contract liability to you for all damages, losses, and
causes of action will not exceed the amount paid by you
for accessing this site.
Miscellaneous
Severability. If any clause or provision of
this agreement shall be held to be invalid in whole or
in part, then the remaining clauses and provisions, or
portions thereof, shall nevertheless be and remain in
full force and effect. Amendment.
No amendment, alteration, modification of or addition to
this agreement shall be valid or binding unless
expressed in writing and signed by the parties to be
bound thereby.
Captions. The captions of each section are
added as a matter of convenience only and shall be
considered of no effect in the construction of any
provision of this agreement. Attorneys'
fees. If any party hereto shall bring any
suit or action against another for relief, declaratory
or otherwise, arising out of this agreement, the
prevailing party shall have and recover against the
other party, in addition to all court costs and
disbursements, such sum as the court may adjudge to be
reasonable attorneys' fees.
Survival. Any and all warranties,
provisions, rights and obligations of the parties herein
described and agreed to be performed subsequent to the
termination of this agreement shall survive the
termination of this agreement. Waiver.
Failure to insist upon strict compliance with any of the
terms, covenants and conditions hereof shall not be
deemed a waiver of such terms, covenants and conditions,
nor shall any waiver or relinquishment of any right or
power hereunder at any one or more times be deemed a
waiver or relinquishment of such right or power at any
other time or times. No waiver shall be
valid unless in writing and signed by an authorized
officer of CRLLC. |
