TERMS

WEBSITE TERMS & CONDITIONS

 

 

Information and site use contract

I.IMPORTANT THIS IS A BINDING LEGAL AGREEMENT (this “agreement”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

This contract regulates the use of this Internet site located at http://vallarta.camelot.365villas.com/ (as a whole, the “Site”) and is concluded between Tio Pepe Villages (hereinafter, “POS”, “we” or “our”) and you, on your behalf and on behalf of the buyer, member or supplier through whom you have registered (“you”). By using, viewing, transmitting, caching, storing or making any other use of the site, the services or the functions offered on or by the site or the content of the site in any way, you accept each and every one of the terms and conditions set forth below and waives all right to claim for ambiguity or error in this contract. If you do not accept each and every one of these terms and conditions, do not use the site and leave it immediately. We reserve the right, in our sole and absolute discretion, to change, modify, add or delete part of these terms at any time without prior notice and, unless otherwise indicated, such changes will be effective immediately; therefore, please check these terms periodically to see if there are any changes. Continued use of the site after the publication of modifications to this contract will imply that you accept such modifications. check these terms periodically to see if there are any changes. Continued use of the site after the publication of modifications to this contract will imply that you accept such modifications. check these terms periodically to see if there are any changes. Continued use of the site after the publication of modifications to this contract will imply that you accept such modifications.

 II.ELIGIBILITY

This site is available only to those persons and entities that can enter into legally binding contracts in accordance with the provisions of applicable law. Without limiting the foregoing, the site and the services offered by it are not available to minors. If you are not eligible, you cannot use the site. You warrant that you are eighteen (18) years of age or older to reserve a room on this site. If you are under eighteen years of age, you can contact the hotel directly for assistance.

You also warrant that you are legally authorized to make travel reservations or purchases for yourself or for another person on whose behalf you are authorized to act. You may only use the site to make legitimate reservations or purchases, and you must not use it for any other purpose, including but not limited to making speculative, bogus, or fraudulent reservations, or reservations in anticipation of demand.

We reserve the right to cancel or modify reservations in those cases where it is considered that the client has carried out a fraudulent or inappropriate activity, or in other circumstances where it is considered that the reservations contain or are the result of an error or a mistake, or of an attempt to evade POS policies, terms or conditions.

You understand that overuse or abuse of the reservation facilities on this site may result in your being denied access to such facilities.

Reservations made by one or more persons, or by an agency on site, on behalf of one or more proposed guests, and involving more than three (3) rooms in the same complex for the same period of stay must be made directly on this platform. If more than three (3) rooms are reserved in the same complex for the same period of stay through any other method, we reserve the right to cancel such reservations or to impose additional requirements on them.

III. RESTRICTIONS ON THE USE OF MATERIALS

All materials contained in this Site are the property protected by copyright of TPV, its subsidiaries or affiliated companies and / or third party licensors. You may not copy, “scrape”, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site or any Internet site owned, operated, authorized, or controlled by us or by our subsidiaries. For the purposes of these terms, the use of said material on any other website, intranet, extranet or any other site or computer environment is expressly prohibited. All trademarks, service marks, trade names and trade dress are owned by us. You may not frame or use techniques to frame any of our trademarks, logos or other proprietary information (including images, text, page layout or form) without our express prior written consent. You may not use any type of meta-tags or any other type of “hidden text” with our name, our trademarks or any other type of information that we own without our express prior written consent.

Unless otherwise indicated, all names, logos, trademarks, service marks, trade dress and trade names are the property of Tio Pepe Villages, and may not be used for any reason without our express prior consent by written. We consider our trademarks to be valuable assets and their infringement represents a serious act.

The download of software from the site is authorized by us or by third party licensors for use in connection with the site only and such software includes all types of files, images incorporated or generated by the software and the data accompanying the software (collectively , the software”). Title to the software will not be transferred to you. You are the owner of the medium on which the software is recorded, but we (or third party licensors) retain full title to the software and all applicable intellectual property rights. Redistributing, selling, decompiling, reverse engineering, disassembling, or otherwise reducing the software to a human-readable format is expressly prohibited.

IV. PRESENTATIONS

We are pleased to receive feedback from our users regarding the site and the products and services offered in connection with it. Unfortunately, however, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those specifically requested. We have talented staff and consultants who may be working on the same or similar ideas. We hope you understand that the purpose of this policy is to avoid the possibility of future misunderstandings in the event that projects developed by our staff or professional advisors appear similar to the creative work of third parties. Please do not submit any unsolicited original creative material. While we value your comments about the site and the services and products offered in connection with it,

If, at our request, you submit certain specific submissions or, despite our request, submit creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “submissions”), the submissions will be they will consider our property and remain under it. None of the presentations will be subject to any kind of confidentiality obligation on our part and we will not assume any responsibility for the use or disclosure of any presentation. Without limiting the foregoing, we will have the exclusive ownership of all existing and future rights related to the presentations of any type and nature universally and we will have the right to make use of the presentations without restriction for any purpose, commercial or otherwise,

V. FORUMS AND PUBLIC COMMUNICATION

“Forum” means a chat area, message group, or email feature offered as part of this site. If you participate in a forum within the site, and if applicable, you must not: (i) defame, abuse, harass or threaten others; (ii) make intolerant, hateful or racially offensive statements; (iii) encourage illegal activities or discuss illegal activities with the intent to commit them; (iv) publish or distribute any type of material that infringes or violates any right of a third party or any law; (v) post or distribute any type of vulgar, obscene, rude or indecent language or images; (vi) promote or sell any product or service or solicit others; (vii) use the forum for commercial purposes of any kind other than to facilitate a transaction on the site; (viii) post or distribute any type of software or other materials that contain a virus or other harmful components; nor (ix) publish material or make statements that do not pertain in a general way to the topic or subject established for any chat room or bulletin board. You will be solely responsible for the content of your messages and you must exempt and release the indemnified parties from liability for the content of such messages. We reserve the right to remove or edit the content of a forum at any time and for any reason. You will be solely responsible for the content of your messages and you must exempt and release the indemnified parties from liability for the content of such messages. We reserve the right to remove or edit the content of a forum at any time and for any reason. You will be solely responsible for the content of your messages and you must exempt and release the indemnified parties from liability for the content of such messages. We reserve the right to remove or edit the content of a forum at any time and for any reason.

By uploading materials to any forum or submitting any type of materials to us, you automatically grant us (or warrant that the owner of such materials expressly grants us) the perpetual, copyright-free, irrevocable and non-exclusive right and authorization to use, reproduce, modify, adapt, publish, translate, perform and publicly display, create derivative works and distribute such materials or incorporate them in any form, medium or technology currently known or subsequently developed throughout the world. In addition, you warrant that you have waived all so-called “moral rights” in those materials.

When participating in a forum, never assume that people are who they say they are, know what they say they know, or are associated with who they say they are in any chat room, message group, or other user-generated content area. The information obtained in a forum may not be reliable and it is not a good idea to carry out a transaction or make any type of investment decision, whether solely or mainly, based on information that you cannot confirm. We cannot be responsible for the content or accuracy of any information and we will not be responsible for any transaction or investment decision made based on such information.

VI. CONTENT LINKED TO THE SITE

For your convenience, this site contains links to other sites that may be of interest to you. The inclusion of these links does not imply endorsement, sponsorship or recommendation of such sites or the materials distributed or the services provided by them, and there is no responsibility for the materials, services or other situations contained in or related to such sites.

Browse the Internet and use the site with discretion. You should be aware that while using the site, you may be directed to other sites that are beyond our control. On the pages of the site, there are links to other sites that will direct you away from our site. For example, if you click on a large advertisement or search result, you may be directed off-site. This includes links from advertisers, sponsors and sponsors who may use our logos as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, request personal information, or contain information that you may find inappropriate or offensive. Additionally, advertisers on the site may send cookies to users that we do not control.

We reserve the right to disable links from third party sites to our site.

We do not make any representations as to the content of the sites that are included in any of the site’s directories. Therefore, we cannot be held responsible for the accuracy, relevance, copyright compliance, legality or decency of the material contained on the sites listed in any search results or related in any other way to our site.

Please note that whenever you provide information online, such information may be collected and used by people you do not know. We cannot guarantee the security of any information you disclose online; you make such disclosure at your own risk.

VII. LIABILITY DISCLAIMERS

ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. THE INFORMATION THAT IS RELATED OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE WHO COLLECT INFORMATION AND IS NOT CONSIDERED PERSONAL OR PRIVATE INFORMATION.

YOU AGREE TO USE THE SITE AT YOUR SOLE RISK. THE CONTENT, SERVICES AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR LEGAL. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS ON THE SITE, OR ANY SITE LINKED TO IT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, FITNESS, FITNESS, FITNESS, FITNESS, FITNESS, ACCURACY, EXTREME , INTEGRITY, AVAILABILITY, COMPATIBILITY, OR THOSE THAT ARISE FROM THE COURSE OF NEGOTIATIONS OR DURING THE PERFORMANCE. WE DO NOT GUARANTEE THAT THE SITE OR THE SERVICES, CONTENTS, MATERIALS OR FUNCTIONS ON THE SITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICES, WILL BE CONTINUED SERVERS THAT MAKE THE SITE OR SUCH AVAILABLE SERVICES, CONTENT AND MATERIALS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR ACCURATE OR COMPLETE. WE MAKE NO REPRESENTATION OR WARRANTY THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS, OR PRODUCTS AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL SERVICES, REPAIRS OR CORRECTIONS WHICH ARE NECESSARY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event that we are held liable for damages related to such matters, your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event that we are held liable for damages related to such matters, your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event that we are held liable for damages related to such matters, your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event that we are held liable for damages related to such matters, your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event that we are held liable for damages related to such matters, your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based. your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based. your sole and exclusive compensation will be limited to reimbursement of costs for services or products paid to the responsible entity and that were not provided by such entity. You hereby waive each and every one of the rights to present claims or actions related to such topics in any forum after one (1) year has elapsed from the date on which the act first took place, event, condition or omission on which the claim or action is based.

We do not explicitly offer any responsibility for the accuracy, content, or availability of information found on sites that are linked to or from our site. We cannot assure you that you will be satisfied with products or services that you purchase from our site or from a third-party site that links to or from our site or by third-party content on our site. We do not recommend any products, nor have we taken steps to confirm the accuracy or reliability of the information included on third party sites or content. We do not make any representations or guarantee the security of any information (including but not limited to credit card information or other personal information) requested from you by any third party and hereby you irrevocably waive all claims against indemnified parties with respect to such third party sites and content. We strongly recommend that you conduct whatever research you deem necessary or appropriate before conducting any online or offline transaction with any of these third parties.

The indemnified parties are not responsible for any damage, failure, delay or difficulty in telephone, electrical, electronic, network, Internet, computer, hardware or software programs, nor for mails, emails, form postings, connections. , messages or entries delayed, lost, stolen, illegible, incomplete, maliciously confused, wrongly delivered, mutilated or collectible, or for the security of such communications.

In addition, the indemnified parties are not responsible for the incorrect or inaccurate entry of information, whether caused by Internet users or by any of the equipment or programs related to or used on the site or for any technical or human error that may occur in the site. processing of any information related to the site.

We may prohibit your participation or use of the site if, in our sole and absolute discretion, you do not respect this contract or act dishonestly, with the intention of annoying, abusing, threatening or harassing any other person or engaging in any other disrespectful behavior. We also reserve the right to deny service, cancel accounts, delete or edit content, or cancel orders at our sole and absolute discretion.

If for any reason, any part of the Site could not function as planned, including infection by a computer virus, errors, adulteration, unauthorized intervention, fraud, technical failures or any other cause that is beyond the reasonable control of TPV and that could corrupt or affect the administration, security, impartiality, integrity or proper conduct of the Site, we reserve the right (but not the obligation), in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all your information and theirs) the use of the Site, and to cancel, terminate, modify or suspend the Site or any of its parts and void such information.

You also agree that the indemnified parties are not responsible in any way for damages, losses or damages caused to your computer or by the interception or use of credit card information, related to or resulting from the use of the site or of any other site, service or material that is linked or related to our site and that they are not responsible in any way for damages, losses, claims or damages related to or resulting from any part of the site that operates or do not operate on computers or networks that you use or that communicate with such computers or networks.

By listing or containing links to third-party products or services, our site acts as the place where suppliers sell products and services (or, as applicable, provide offers to buy) and buyers buy such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety, or legality of advertised items, the truth or accuracy of listings, the ability of suppliers to sell items, or the ability of buyers to purchase them. We cannot assure you that a buyer or supplier will actually complete a transaction. We do not control the information provided by other users, which is available through the site. You may consider the information of other users offensive, harmful, inaccurate or misleading. Be cautious and use common sense when using the site. Please note that you also run the risk of dealing with foreign nationals, minors or people with false identity.

Although we intend the product descriptions on the Site to be current and accurate, we do not make any representations or warrant that the product descriptions on the Site are accurate, complete, current or reliable in any respect. In the event that a product described on the Site does not match the description, the only solution will be to return it without having used it in accordance with the return policy of the suppliers.

NOTICE OF THE PRIVACY ACT FOR ELECTRONIC COMMUNICATIONS (18 USC 2701-2711): WE DO NOT GUARANTEE IN ANY WAY THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE THAT IS LINKED TO THE SITE. WE WILL NOT BE RESPONSIBLE FOR THE PRIVACY OF THE INFORMATION, EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION OR ANY OTHER CONTENT TRANSMITTED ON THE NETWORKS TO WHICH ACCESS THROUGH THE SITE OR RELATED IN ANY OTHER WAY TO YOUR USE OF THE SITE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR ANY INFORMATION PROVIDED BY US OR BY ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND, AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR ENTIRE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES SHALL HAVE ANY LIABILITY ARISING FROM THE USE OF THE INFORMATION PROVIDED ON THE SITE.

The search and directory are free services that may be offered in connection with the site. Because the Internet is constantly changing, no search engine technology can make all sites accessible at any given time. Therefore, we do not explicitly offer any responsibility for the content or availability of information contained in the search indexes or directories offered in connection with the site.

The site may contain technical inaccuracies, typographical errors, or omissions in relation to the information displayed on it, including but not limited to fees, charges, or availability for your transaction. Tio Pepe Villages is not responsible for any typographical, photographic, technical or pricing errors (including, but not limited to, wrong hotel rates) mentioned on our site. Tio Pepe Villages reserves the right to make changes, corrections or improvements to the site, and to the products and programs described in such information, at any time without prior notice, including after confirmation of a reservation.

We reserve the right to determine whether we claim our Best Rate Guarantee. They are valid and if they meet all the defined requirements and the terms and conditions of the program. All claims will be verified and confirmed. If a claim is found to be valid, the Guest Services department will contact the complainant and the claim will be dealt with in accordance with the terms and conditions of the program.

VIII. COMPENSATION

You are fully responsible for maintaining the confidentiality of your password and account as well as all activities that occur under your account. You must hereby indemnify, defend and support us and our hotels, and each of their owners, partners, subsidiaries, affiliates, franchisees, and each of the officers, directors, agents, contractors, subcontractors, guests, residents, visitors, concessionaires, authorized persons, permit holders and employees of such persons or entities (collectively, the “indemnified parties”) free from any allegation, demand, claim, liability, damage, fine, penalty or cost of any nature ( including reasonable attorneys’ fees) and whether due to death or injury to any person, In the event that claims are made or actions or proceedings are brought against the indemnified parties, or against any of them, arising out of or related to this contract, any of said indemnified parties may, by appropriate notice, require, at its cost , face such claims or assume the defense of such actions or procedures and employ legal counsel for such reason, which will be subject to prior written approval of the corresponding indemnified party, and such approval will be deemed to have been granted by the present in the event that the legal advisor acts for its insurers involved in such defense or opposition. You must cooperate with us in the defense of any claim. We reserve the right, at our own cost,

IX. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR LOSSES, COVERAGE COSTS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL USE, CONSEQUENTIAL USE, OR CONSEQUENTIAL USE OF , OF THE SITE OR THE SERVICES OR THE FUNCTIONS OF THE SITE OR ARISING FROM YOUR ACCESS, OR YOUR INABILITY TO ACCESS, THE SITE OR YOUR TRUST IN THE SITE OR THE SERVICES, THE CONTENTS, THE MATERIALS OR THE FUNCTIONS OF THE SITE, THE PROVISION, OR THE NON-PROVISION OF SERVICES OR INFORMATION, OR ANY KIND OF DAMAGE ARISING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND OF ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) . IN ADDITION, WE HAVE NO OBLIGATION TO UPDATE THE SITE OR ITS CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION (WHETHER BY CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR ANY OTHER REASON) EXCEED THE EXTENT AMOUNT, TO ACCESS THE SITE. IF YOU ARE NOT SATISFIED WITH THE SITE OR WITH ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS OR BUYERS OFFERED IN RELATION TO IT OR ASSOCIATED WITH IT, WHATEVER, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE THE USE OF THE SYMPTOM. THIS AGREEMENT IS ENDED IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.

X. UNBINDING

BY USING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE DISCONNECTED, RELEASED AND EXEMPTED FROM AND HAVE NO LIABILITY WHATSOEVER FOR ALL ASPECTS OF THE SITE (INCLUDING, BUT NOT LIMITED TO, LEFT BY PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND CLAIM BASED ON ADVERTISING RIGHTS, DEFAMATION OR INVASION OF PRIVACY, REASONABLE LAWYER FEES AND COURT COSTS) THAT MAY ARISE FROM USE OF THE SITE OR THE USE, POSSESSION, ACCEPTANCE MISUSE OF THE INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED TO OR PURCHASED FROM IT. WE RESERVE THE RIGHT, AT ANY TIME AND WITHOUT ANY LIABILITY, TO RESTRICT OR DENY ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANY PERSON.

equity or any other form, now known or with the suspicion that they had existed, or that they exist or that may or could exist, based on any fact, event or omission produced from, or before the execution of this contract, that arise, concern, belong or are related in any way with this contract or with the site. You also acknowledge that there is a possibility that after the conclusion of this contract, you discover facts or incur in or suffer unknown or unsuspected claims at the time this contract was entered into, and that if they had been known at that time they could have materially affected your decision to enter into this contract. You acknowledge and agree that, due to this contract, and the disengagement contained in this section of this contract, you assume all risk for such unknown facts and such unknown and unsuspected claims. You have been notified of the existence of Section 1542 of the California Civil Code (“Section 1542”), which states:

A GENERAL DISBINDING DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE DISBINDING, AND WHICH, IF THEY HAD KNOWN, WOULD HAVE MATERIAL AFFECTED THE SETTLEMENT OF THE SETTLEMENT.

Notwithstanding such provisions, this disengagement will constitute a complete disengagement in accordance with their terms. You voluntarily waive the provisions of Article 1542 and any other statute, law or regulation of similar effect. In connection with such a waiver and waiver, you acknowledge that you are aware that, from now on, you may discover currently unknown or unsuspected claims, or facts that add to or are different from what you now know or believe to be true, with with respect to the matters unrelated by the present. However, it is your intention, through this contract, and with the advice of an attorney, the complete and final agreement and disengagement of such matters, and all claims related to them, that currently exist, that may exist, or that have existed between the parties that sign this contract, including the indemnified parties. You hereby acknowledge that you have been advised by your attorney, that you understand and accept the meaning and consequences of this disengagement and of this specific waiver of Section 1542 and other similar laws.

XI. JURISDICTIONAL MATTERS

The products or services described and available through the site may not be available in your country. We make no representation that the services or products offered on the site are appropriate or available for use in any particular location. Those who choose to access the site do so on their own initiative and are responsible for compliance with local laws, as long as local laws are applicable. If your use of the site or the viewing or use of any material or content on it or the services offered there violate or violate any applicable law in your jurisdictions, you are not authorized to view or use the site and should immediately leave it. Your viewing or use of the site is a representation that you have unlimited and unconditional permission to view and use the site and indemnified parties may rely on such representation. The site is operated from the United States and some software on the site may be subject to United States export controls. No software from this site may be downloaded, exported or re-exported (i) to (a citizen or a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country subject to an embargo or sanction of the United States or the United Nations; or (ii) to any person on the United States Department of the Treasury’s list of Specially Designated Citizens or any person subject to the same or similar restrictions, even if it is not listed or on the US Department of Commerce Denied Orders Table. By downloading or using the software, you represent and warrant that you are not in, under the control of, nor are you a citizen or resident of such countries nor are you on any of the restricted lists mentioned above or are subject to such restrictions.

 

XII. ACCESS AND INTERFERENCE

You will not use any robot, spider, or any other automatic device or manual process to control or copy the site or its content or information (including information) without our express prior written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the site or with any transaction that takes place on the site. You agree not to copy, reproduce, alter, modify, create derivative works or publicly display any type of content (except for any information in which you have a proprietary interest) of the site without our express prior written consent. , or that of the corresponding third party.

All information (including information) that you provide us (i) must not contain any type of viruses, Trojans, worms, time bombs, cancelbots or other computer programming routines intended to damage, adversely interfere, stealthily intercept or expropriate any system, data or information; nor (ii) any content that may create any liability for us or that may cause the loss (in whole or in part) of the services of our Internet service providers or other providers.

XIII. RELATIONSHIP WITHOUT MANDATE

You and POS are independent contractors, and this agreement does not create any type of mandate, partnership or joint venture relationship, or any employee-employer or franchisor-franchisee relationship.

XIV. CANCELLATION

These terms will be in effect until they are canceled by one of the parties. You can cancel these terms at any time by interrupting the use of the site and destroying all materials obtained from all sites and all related documentation and all copies and installations thereof, made under the terms of this contract or in any other way. . We may immediately terminate your access to the site without prior notice if, in our sole and absolute discretion, you do not comply with any of the terms or provisions of this agreement. Upon cancellation, you must stop using the site and destroy all materials obtained from said site and all copies thereof made under the terms of this agreement or in any other way. Despite the cancellation of this contract, you acknowledge and accept that those rights and obligations that by their nature will persist after the cancellation of this contract to have full force, must endure after the cancellation of this contract, including, among others, the following provisions established herein: (i) Restrictions on the use of materials; (ii) Presentations; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of liability; (vi) Disengagement; (vii) Access and interference; (viii) Notice and procedure for making claims of copyright infringement; (ix) Forum; (x) Relationship without mandate; and (xi) Compliance with laws. You acknowledge and accept that those rights and obligations that by their nature will persist after the cancellation of this contract to have full force, must endure after the cancellation of this contract, including, among others, the following provisions established herein: (i) Restrictions on the use of materials; (ii) Presentations; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of liability; (vi) Disengagement; (vii) Access and interference; (viii) Notice and procedure for making claims of copyright infringement; (ix) Forum; (x) Relationship without mandate; and (xi) Compliance with laws. You acknowledge and accept that those rights and obligations that by their nature will persist after the cancellation of this contract to have full force, must endure after the cancellation of this contract, including, among others, the following provisions established herein: (i) Restrictions on the use of materials; (ii) Presentations; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of liability; (vi) Disengagement; (vii) Access and interference; (viii) Notice and procedure for making claims of copyright infringement; (ix) Forum; (x) Relationship without mandate; and (xi) Compliance with laws. (ii) Presentations; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of liability; (vi) Disengagement; (vii) Access and interference; (viii) Notice and procedure for making claims of copyright infringement; (ix) Forum; (x) Relationship without mandate; and (xi) Compliance with laws. (ii) Presentations; (iii) Disclaimers; (iv) Indemnification; (v) Limitations of liability; (vi) Disengagement; (vii) Access and interference; (viii) Notice and procedure for making claims of copyright infringement; (ix) Forum; (x) Relationship without mandate; and (xi) Compliance with laws.

XV. GENERAL DISPOSITION 

You must comply with all laws, statutes, ordinances and regulations related to the use of the site and your request for offers to make purchases or sell products or services. This agreement will be governed by and construed in accordance with the laws of the State of New York and the principles of conflicts of law will not apply. You agree that any action of law or equity arising out of or in connection with the terms of this agreement shall be brought only in the district courts of the United States of the Eastern District of Virginia or, if there is no federal jurisdiction over the action, in the Commonwealth of Virginia courts, located in Fairfax County, Virginia. You hereby agree and submit to the personal jurisdiction of the aforementioned courts in order to litigate any such action. Any dispute that cannot be resolved between the parties and any cause of action arising from or related to the site must be resolved individually without resorting to any type of class action lawsuit. YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE CURRENTLY OR IN THE FUTURE TO A TRIAL BY JURY. The foregoing shall not apply to the extent that the applicable laws of your country of residence require the application of other laws or jurisdictions and this cannot be excluded by contract. If any provision of this contract is illegitimate, void or for any reason could not be applied, in such case, the provision will be considered divisible from this contract and will not affect the validity and application of the remaining provisions. This is the entire agreement that we have reached in relation to the reference topic and it may not be modified in any way, except as set forth herein. No waiver of a term, a provision or a condition of this contract, for conduct or any other reason, in one or more instances, shall be considered, or constitute, a waiver of another term, provision or condition established herein, similar or not. , nor shall any waiver constitute a continuing waiver of said term, provision, or condition set forth herein. No resignation will be binding, unless the party making the resignation makes it effective in writing. In one or more instances, a waiver of another term, provision, or condition set forth herein, similar or not, shall be considered or constituted, nor shall any waiver constitute a continuing waiver of said term, provision, or condition set forth herein. No resignation will be binding, unless the party making the resignation makes it effective in writing. In one or more instances, a waiver of another term, provision, or condition set forth herein, similar or not, shall be considered or constituted, nor shall any waiver constitute a continuing waiver of said term, provision, or condition set forth herein. No resignation will be binding, unless the party making the resignation makes it effective in writing.

XVI. PROVISIONS FOR DIGITAL SIGNATURE

You represent and warrant that you have the legal right, power, and authority to accept the terms of this agreement on your behalf and on behalf of the member, buyer, or supplier participating in the site. You further agree that your use constitutes an electronic signature, as defined in the National and International Trade in Electronic Signatures (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”). , for its acronym in English) and that you have formed, executed, entered and accepted the terms, and other authenticated form, of this contract and have acknowledged and accepted that this contract is an electronic record for the purposes of the E-Sign, the UETA and the Uniform Computerized Information Transactions Law and as such is completely valid, has legal effects,

XVII. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512 (c) (2), notifications of copyright infringement must be sent to our designated agent. Notification should be sent to the following designated agent:

 

• Service Providers: Tio Pepe Villages
• Name of the agent designated to receive notification of the alleged infringement: José de Jesús Castañeda

• Full address of the designated agent where the notification should be sent: Av.Paso Blanco No. 311 Col. Paso Blanco, Jesús María, Aguascalientes, Mexico. CP 20924
• Designated Agent Phone Number: 449 818 4691

• Designated agent email address: vallarta@365villas.com

For the notification to be effective, according to Title 17, United States Code, Article 512 (c) (3), it must be a written communication and must include the following:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right about which the violation is alleged;
2. the identification of the copyrighted work about which the infringement is alleged, or if multiple copyrighted works are covered in a single notification on a single site, a representative list of such works on that site ;
3. the identification of the material that is considered infringing or that is the subject of the infringing activity and that is to be deleted or the access to which it is to be deactivated, and information sufficient to allow the service provider to locate the material;
4. information sufficient to allow the service provider to contact the complainant, such as an address, a telephone number and, if available, an email address where the complainant can be contacted;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; Y
6. a statement that the information in the notification is correct and that, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right to which the violation is alleged.

 

 

Last update: August 2022