AGREEMENT BETWEEN
CUSTOMER AND Puerto Vallarta Vacations
This Web site is offered to you, the customer,
conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use
of this Web site constitutes your agreement to all such terms,
conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and
noncommercial use. The content and information on this Web
site (including, without limitation, price and availability
of travel services), as well as the infrastructure used to
provide such content and information, is proprietary to Puerto
Vallarta Vacations or its suppliers and providers. Accordingly,
as a condition of using this Web site, you agree not to use
this Web site or its contents or information for any commercial
or non-personal purpose (direct or indirect). While you may
make limited copies of your travel itinerary (and related
documents) for travel or services purchased through this Web
site, you agree not to modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell any information,
software, products, or services obtained from this Web site.
In addition, whether or not you have a commercial purpose,
you agree not to:
- (i) access, monitor or copy any content or information
of this Web site using any robot, spider, scraper or other
automated means or any manual process for any purpose without
express written permission of Puerto Vallarta Vacations;
- (ii) violate the restrictions in any robot exclusion
headers on this Web site or bypass or circumvent other measures
employed to prevent or limit access to this Web site;
- (iii) take any action that imposes, or may impose, in
the discretion of Puerto Vallarta Vacations, an unreasonable
or disproportionately large load on the Puerto Vallarta
Vacations infrastructure; or
- (iv) deep-link to any portion of this Web site (including,
without limitation, the purchase path for any travel services)
for any purpose without express written permission of Puerto
Vallarta Vacations.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: ©2003
Puerto Vallarta Vacations. All rights reserved. PuertoVallarta.net,
Puerto Vallarta Vacations logos are either registered trademarks
or trademarks of Puerto Vallarta Vacations. Other product
and company names mentioned herein may be the trademarks of
their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. PUERTO VALLARTA VACATIONS, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES ON THIS WEB SITE AT ANY TIME.
PUERTO VALLARTA VACATIONS, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND
THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES
ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION
OF SUCH PRODUCTS OR SERVICES BY PUERTO VALLARTA VACATIONS
OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. PUERTO VALLARTA VACATIONS, ITS AFFILIATES, AND/OR
THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS
PROVIDING TRAVEL OR OTHER SERVICES FOR PUERTO VALLARTA VACATIONS
ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF
PUERTO VALLARTA VACATIONS OR ITS AFFILIATES. PUERTO VALLARTA
VACATIONS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS,
ERRORS, OMISSIONS, MISREPRESENTATIONS, WARRANTIES, BREACHES
OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS,
DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. PUERTO VALLARTA VACATIONS AND ITS AFFILIATES HAVE
NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY,
CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER
CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING
OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL PUERTO VALLARTA VACATIONS,
ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY
TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PUERTO
VALLARTA VACATIONS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify Puerto
Vallarta Vacations, its affiliates, and/or their respective
suppliers and any of their officers, directors, employees
and agents from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or
other costs or expenses of any kind or nature including but
not limited to reasonable legal and accounting fees, brought
by
- (i) you or on your behalf in excess of the liability described
above; or
- (ii) by third parties as a result of (a) your breach of
these Web Site Terms, Conditions and Notices or the documents
referenced herein; (b) your violation of any law or the
rights of a third party; or (c) your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web
site, you warrant that you will not use this Web site for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to
Websites operated by parties other than Puerto Vallarta Vacations.
Such hyperlinks are provided for your reference only. Puerto
Vallarta Vacations does not control such Websites and is not
responsible for their contents. Puerto Vallarta Vacations's
inclusion of hyperlinks to such Websites does not imply any
endorsement of the material on such Web sites or any association
with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
Puerto Vallarta Vacations reserves the
right to change the terms, conditions, and notices under which
this Web site is offered and you agree to accept and be bound
by those terms, conditions, and notices that are in effect
at the time of your use of Expedia’s facilities.
GENERAL
This agreement is governed by the laws
of the UNITED STATES OF MEXICO. You hereby consent to the
exclusive jurisdiction and venue of courts in Guadalajara,
Jalisco, Mexico, in all disputes arising out of or relating
to the use of this Web site. Use of this Web site is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including, without limitation,
this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and
Puerto Vallarta Vacations as a result of this agreement or
use of this Web site.
Puerto Vallarta Vacations's performance
of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of
Puerto Vallarta Vacations's right to comply with law enforcement
requests or requirements relating to your use of this Web
site or information provided to or gathered by Puerto Vallarta
Vacations with respect to such use.
If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent
of the original provision and agreement shall continue in
effect.
This agreement (and any other terms and
conditions referenced herein) constitutes the entire agreement
between the customer and Puerto Vallarta Vacations with respect
to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or
written, between the customer and Puerto Vallarta Vacations
with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
Any rights not expressly granted herein
are reserved.
CURRENCY CONVERTER
Currency rates are based on various publicly
available sources and should be used as guidelines only. Rates
are not verified as accurate, and actual rates may vary. Currency
quotes are not updated every day. Check the date on the Currency
Converter for the day that currency was last updated. The
information supplied by this application is believed to be
accurate, but Puerto Vallarta Vacations, its affiliates, and/or
their suppliers do not warrant or guarantee such accuracy.
When using this information for any financial purpose, Puerto
Vallarta Vacations advises the customer to consult a qualified
professional to verify the accuracy of the currency rates.
Puerto Vallarta Vacations, its affiliates, and/or their suppliers
do not authorize the use of this information for any purpose
other than personal use and prohibit to the maximum extent
allowable the resale, redistribution, and use of this information
for commercial purposes. |