WEB SITE USE AGREEEMENT
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, the “EL Tigre” and the “Paradise Village“
trademark is owned and operated by Paradise Village
Country Club, SA de CV and/or Conjunto Desarrallo Marina Mar, SA de CV,
dba Paradise Village Resorts Nuevo Vallarta (hereinafter "PVR", "we", "us", or "our").
No material from any web site owned, operated, licensed, or
controlled by PVR 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,
non-commercial 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 PVR'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 PVR and affiliated corporations.
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 PVR for the limited use
described in the preceding paragraph. PVR transfers no right, title or
interest to the software to you. PVR
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 umanperceivable
form. For permission to use images, logos and/or maps online, please send
an email outlining
the specifics of your request to prelations@paradisevillage.com
Intellectual Property
You expressly recognize and agree that PVR's trademarks are the sole property
of Paradise Village Country
Club, SA de CV and/or or its subsidiaries and affiliates, including but
not limited to Conjunto Desarrallo
Marina Mar, SA de CV. 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 PVR would be irreparable and,
therefore, injunctive relief to protect PVR'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
PVR operated hotels and properties located in Nuevo Vallarta, Nayarit,
Mexico, including but not limited
to Riviera Nayarit Paradise Village Beach Hotel and Spa, Paradise Village Marina Nuevo Vallarta, Paradise
Village Marina Residences,
Paradise Plaza, Paradise Grand Marina Villas, El Tigre Golf Course Puerto Vallarta, Paradise
Village Golf and Country Club,
Paradise Village Ocean Vista Residences, Paradise Village Playa Vista
Properties, Paradise Village Playa
Royal Residences, Paradise Village Playa Royal Towers, Palenque Spa, Spa
Hacienda del Paraiso and
Paradise Village Marina Estates. This agreement shall be governed by and
interpreted in accordance with
the laws of Mexico. Jurisdiction and venue for any legal proceedings related
to this agreement or matters
related to the PVR website(s) shall be the courts in Puerto Vallarta,
Jalisco, Mexico. You hereby consent and submit to the jurisdiction of
such courts for the purposes of litigating any such action.
Notwithstanding the foregoing, nothing herein shall prevent PVR or its
affiliates from initiating legal
action against any persons in other jurisdictions to protect PVR's interests
or prevent unauthorized use of
website or copyrighted material and trademarks.
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 PVR
site and all copies and installations thereof. The terms and conditions
may terminate immediately without
notice from PVR if in PVR'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 PVR 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, PVR 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 PVR warrant the site or its operation will be error-free or uninterrupted.
In no way does PVR warrant
that defects will be corrected, or that the site is free from viruses
and the like. In no way does PVR
warrant use of the site in terms of accuracy, reliability, or otherwise.
You assume the entire cost of all
necessary repairs. Furthermore, PVR expressly disclaims any responsibility
for the accuracy or reliability
of sites that link to or from its web sites that are not produced by PVR.
In no way does PVR 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 PVR be liable for any special or consequential
damages that may occur
during the use of, or the inability to use, this site, even if PVR or
an agent of PVR 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, PVR'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 PVR.
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