Legal Notice "PALACERESORTS.COM" Copyright
2011 HURRICANE POLICY
TERMS AND CONDITIONS FOR THE USE OF THIS WEB SITE ACCEPTED BY THE USER
IMPORTANT: READ BEFORE USING
This is a binding legal agreement. PALACE RESORTS reserves the right to change it at any time without notice and such changes will become effective immediately; hence we recommend that you read it periodically. By using, viewing, transmitting, storing, receiving and/or otherwise utilizing this web site and/or its contents in any way, you have agreed to each and all of the Terms and Conditions listed below and any other policy or terms provided in this WEB SITE. If you do not agree to this Agreement of Terms and Conditions, click here to leave this WEB SITE, do not use this WEB SITE. Please print and retain a copy of this agreement. All the technical expressions used in these Terms and Conditions that are not expressly defined herein shall be construed in line with their use on the Internet, on the World Wide Web, and in the telecommunications industry.
The headings and subheadings contained in these Terms and Conditions are exclusively for the user's convenience and have no legal or contractual effect. Accessing the palaceresorts.com web site and/or the contents thereof might be illegal for certain persons or in certain countries. Users accessing the palaceresorts.com web site do so at their own risk and are responsible for complying with the laws of the jurisdiction where they are located. PALACE RESORTS ' failure to exercise its rights, or its delay in doing so, shall not be construed as a waiver by Palace Resorts of its right to exercise or enforce the legal actions or remedies that might correspond to any actual or future right. The partial exercise on behalf of PALACE RESORTS of any right, action or remedy under these Terms and Conditions shall not prevent the subsequent full exercise thereof. The tolerance on behalf of PALACE RESORTS of any breach on one occasion shall not constitute or imply a tolerance of a subsequent breach.
"PALACE RESORTS", "MOON PALACE", "MOON PALACE NIZUC", "MOON PALACE SUNRISE", "PALACE HOLDING", "PALACE PREMIER", "WORLD VACATION TRAVEL", "WVT", CHAZA TRAVEL", "PALACE GOLF CLUB", "SPA PALACE RESORT", "SPA RIVIERA PALACE", "PALACE", "SPA PALACE", "COZUMEL PALACE", "BEACH PALACE", "SUN PALACE" are trademarks of services and/or products that are either registered or are being registered before the proper authorities (henceforth the "trademarks") owned by PALACE HOLDING, S.A. de C.V. and/or any of its subsidiaries (henceforth "PALACE RESORTS"). PALACE RESORTS is a trademark, logotype, and registered trade name describing all its subsidiary companies and related companies or entities, involved in the hotel business around the world. PALACE RESORTS considers its compilation of links to Internet resources, the description of those resources and the information contained within the PALACE RESORTS WEB SITE ("WEB SITE" or "palaceresorts.com web site") to be copyrighted material. You are not authorized to copy, reproduce either physically or logically, or modify any portion of PALACE RESORTS WEB SITE without the prior written authorization of palace resorts. The name of PALACE RESORTS and its Trademarks, patents and copyright material may not be used in advertising or publicity without specific, prior, written permission of PALACE RESORTS. PALACE RESORTS reserves the right to bring any civil, criminal or administrative action, arising from the improper or unauthorized use of this WEB SITE, including for infringement of its trademarks.
Minors are not permitted to use this WEBSITE. By using this WEB SITE, you acknowledge and agree that you are an adult in the jurisdiction of your location.
Parents, guardians or any adult who is responsible of overlooking the acts of a minor will be held liable any of such minor’s acts resulting in any damage or loss caused by the use of this WEB SITE to Palace Resorts or to any Third Party.
OWNERSHIP AND RESTRICTIONS ON USE
This WEB SITE is owned and operated by PALACE RESORTS, its subsidiaries and related companies or entities. All materials contained in this WEB SITE are the copyrighted property of PALACE RESORTS. No material from the PALACERESORTS.COM web site or any WEB SITE owned, operated, licensed, or controlled by PALACE RESORTS may be copied, reproduced either physically or logically, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials from this web site onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of PALACE RESORTS copyright and other proprietary rights, provided that any offer or fee announced in such saved file shall not be considered as an offer or fee by Palace Resorts, since such offers or fees may vary from time to time. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited. PALACE RESORTS owns all right, title and interest in and to all Trademarks in this WEB SITE. To the extent this WEB SITE provides interactive capabilities that allow you to submit information or data on the Web Site, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the PALACERESORTS.COM web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. By uploading or submitting any lawful materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials in any manner.
You agree that your use of this WEB SITE is at your sole risk. The materials in this WEB SITE are provided "as is" and without warranties of any kind either express or implied. To the extent permissible pursuant to applicable law, PALACE RESORTS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PALACE RESORTS does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this WEB SITE or the server that makes it available are free of viruses or other harmful components. PALACE RESORTS does not warrant or make any representations regarding the use or the results of the use of the materials in this WEB SITE in terms of their correctness, accuracy, reliability, or otherwise. You (and not PALACE RESORTS) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this WEB SITE, you warrant to PALACE RESORTS that you will not use this WEB SITE for any purpose that is unlawful or prohibited by these terms, conditions, and notices. In case you submit any unlawful, prohibited or offensive material or content to the WEB SITE any liability or damages arising from such action shall be your sole responsibility.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall PALACE RESORTS be liable for any, direct, indirect, punitive, special or consequential damages or objective civil liability (responsabilidad civil objetiva) or any personal damage (daño moral) that result from the use of, or the inability to use, the materials and contents in this WEB SITE, even if PALACE RESORTS or a PALACE RESORTS authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall PALACE RESORTS’ total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this WEB SITE.
PALACE RESORTS policy is not to accept unsolicited ideas about marketing, advertising or products. Please do not submit to the WEB SITE any material or ideas, including creative material of any kind. In case any material or content to the WEB SITE any liability or damages arising from such action shall be your sole responsibility.
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in US Dollars. Currency quotes are not updated every day. The currency information supplied by this WEB SITE is believed to be accurate, but PALACE RESORTS does not warrant or guarantee such accuracy.
LINKS TO THIRD-PARTY SITES
Links to other sites we think may be of interest to you are provided solely for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials and content, at or related to or from any other site.
Users have the following rights:
•Security: PALACE RESORTS makes its best effort to provide administrative, technical, and physical security for the WEB SITE pursuant to section 19 of the Federal Act for Protection of Personal Data in Possession of Private Entities (Ley Federal de Proteccion de Datos Personales en Poder de Particulares). However PALACE RESORTS is not responsible for any breach of security that affects or may affect the user of the WEBSITE in any manner. You enter the website at your own risk.
•Inquiries: Any term or condition provided herein or any offer, notice, fee or price may be clarified and explained to the user in the phone number and address provided below.
•Options: Users are entitled to choose the quantity and quality of the products and services provided by Palace Resorts. However the products and services of PALACE RESORTS are provided “as is” therefore such products and services are subject to quantity or quality availability and business capacity, including but not limited to hotel capacity and traveling seasons fees.
By supplying your cell phone number you agree to receive SMS and MMS messages on your mobile phone, including messages regarding services and promotions. Third parties who provide services such as text messaging or SMS or MMS delivery on our behalf may also access your personal information to provide those services. These third parties will be contractually bound to treat your information in accordance with our applicable privacy policies. You may choose to opt out of receiving SMS and MMS messages from us at anytime by responding to the SMS or MMS message with the word "STOP" or by sending us an email at firstname.lastname@example.org
MODIFICATION OF TERMS
PALACE RESORTS reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. By entering the PALACE RESORTS.COM web site means you accept those changes.
These terms are effective until terminated by PALACE RESORTS, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this WEB SITE and any and all other PALACE RESORTS Web Site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
This WEB SITE is controlled and operated by PALACE RESORTS from its offices within the State of Quintana Roo, United States of Mexico. PALACE RESORTS makes no representation that materials in this web site are appropriate or available for use in other locations. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Quintana Roo, United States of Mexico, without giving effect to any principles or legislation of conflicts of law, and you accept this by using this web site.
Any disputes arising out of or related to this WEB SITE shall be governed by and construed and enforced in the courts located in the City of Cancun, State of Quintana Roo, United States of Mexico. Hence you expressly waive any other jurisdiction or forum that you might be entitled to for any reason. If any provision of this document of Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This document of Terms and Conditions is the entire agreement between the parties.
For inquiries regarding this document of Notification of Terms and Conditions, contact:
Centro de Distribución y Servicios
Km 21 Carretera Cancun-Pto. Morelos
Across Moon Palace Golf & Spa Resort
ZIP 77500 Cancun, Q. Roo
Telephone No.: +52 (998) 193 20 10