Website Use Agreement
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.
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).
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the CRLLC operated clubs and resorts commonly known as Vacation Club, 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. 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.
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.
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.
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.