Website Use Agreement

Terms Of Use

Please read the terms and conditions of use (this "Agreement" or these "Terms") carefully before using this site. These Terms are a legally binding agreement, and by using this site, you agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO 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 modified, rented, publicly displayed, adapted, edited, 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 and legends. 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 herein. 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 at privacy@calienteresorts.com outlining the specifics of your request.

Intellectual Property

You expressly recognize and agree that CRLLC's copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights 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 materials protected by such copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights.

You agree not to use of any of our trademarks as metatags on other web sites.  You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at privacy@calienteresorts.com.  You may, however, establish ordinary links to the homepage and other sections of our Site without our written permission.

You agree that all of CRLLC’s copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights 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 that might be allowed by law).

Privacy

Use of the website is also governed by our Privacy Policy located here.

Governing Law/Dispute Resolution

Unless otherwise specified, the materials on the Site are presented solely for the purpose of promoting the CRLLC-operated resorts commonly known as Caliente Resorts, Caliente Tampa, Caliente Caribe, Eden Bay Resort, Spa Sereno, and Spa Caribe. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to conflict of law principles. Exclusive jurisdiction and venue for any legal proceedings related to this Agreement shall be in state courts of Pasco County, Florida or in the federal court in the Middle District of Florida. You hereby irrevocably consent and submit to the jurisdiction of such courts for the resolution of any disputes arising out of or relating to these Terms or the Site.

Termination

You agree that we, in our sole discretion, may terminate your access to the Site for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Site may be effected without prior notice. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to the Site. 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 ON AN "as is" and "AS AVAILABLE" BASIS without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, WE EXPRESSLY disclaim all warranties OF EVERY KIND, WHETHER express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, AND non-infringement.

In no way does CRLLC warrant the Site or its operation will be error-free, timely, secure, or uninterrupted. In no way does CRLLC warrant that defects, errors, or technical malfunctions will be corrected, or that the Site is OR WILL BE 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.

We expressly disclaim any responsibility for the accuracy or reliability of sites that link to or from CalienteVacations.com. 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

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH THE USE OR INABILITY TO USE OUR SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE OR THESE TERMS.

WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE OR THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US FOR ACCESSING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of the Site or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

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 all 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, disclaimers, 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.