LEGAL NOTICE AND USER AGREEMENT
ALL USERS: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT ACCESS OR USE THIS SITE. WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND ANY SUCH MODIFICATIONS WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THIS SITE. YOU AGREE TO REVIEW THIS AGREEEMENT ON A REGULAR BASIS AND YOUR CONTINUED ACCESS OR USE OF THIS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT OR ANY MODIFIED AGREEMENT.
1. Trademark, Copyright, and Intellectual Property Notices. This site is privately owned and operated by the resort. Any and all materials contained in this site are the copyrighted property of the resort or its affiliates, or clients. No materials from any part of this web site may be copied, reproduced, republished, uploaded, posted, transmitted, altered or distributed in any way, except that users may download one (1) copy of the materials on a single computer for their personal, non-commercial home use only; and licensed travel agents may download material specifically designated for travel agent use. The use of any materials contained in this web site on any other web site or medium is strictly prohibited.
2. Use of This Site. You acknowledge and understand that, except for the services or products expressly identified as supplied by the owners of this web site, The Fairweather Group, Inc. d/b/a Elite Island Resorts does not own, operate, manage or control the resort or the products or services advertised on this site including, but not limited to, the resort property, airlines, third party travel providers, or certain other affiliates; and we assume no liability for, and you release us from, any claims of any kind including, but not limited to, any personal injury, and property or economic or non-economic losses or damages arising out of your or any other person's use of any hotel, airline, or transportation provider advertised on this site, or for any acts of third party suppliers, or for any delays, cancellations, inconveniences, and acts of God (Force Majeure) of any kind beyond our control. You agree not to use this site for any illegal, threatening, harassing, defaming, or privacy invading purpose. Impersonation or appropriation of another person's identity, including that of any authorized site host, will not be tolerated and may result in both civil and criminal liability. Any unauthorized alteration of this site, or unauthorized accessing of any information contained on this site, will be prosecuted to the fullest extent of the law. Any rights not expressly granted herein are reserved.
LIMITATION OF LIABILITY
3. Other Web Sites. We have no control over the policies, practices, or collection and use of information by other web sites, whether or not linked or otherwise related to this site.
4. Internet Security. The Internet is not always a secure means of communication or transmitting information. Therefore, we cannot guarantee or warrant that any information you provide to us via the Internet, and which we may transmit to a third party in order to fulfill an order, complete a booking, or fulfill an information request, will remain secure. Users of the Internet do so at their own risk. We assume no liability for any technical or human errors, security breaches, viruses, loss of data, theft of information, or injury to persons or property that result from access or use of this site and you agree to hold us harmless for same.
5. Errors and Omissions. While we make every effort to ensure the accuracy of information contained on our web site, inaccuracies may occur from time to time. Information including, but not limited to, pricing, rates, airfare, specials, availability, travel requirements, restrictions, amenities, quality, policies, weather conditions, and any other information relating to travel or locale is subject to change without notice. Please note that the telephone numbers, facsimile numbers, URLs, and any email addresses provided are for communications convenience only. The resort and its ownership are domiciled in the country where the resort is located, and the resort and its ownership do not maintain an office or other place of business outside of the country where the resort is located.
6. Travel Providers. This site may provide access to travel-related services, some of which may be supplied by third parties whose actions are beyond our control. You agree not to hold the resort, its marketing representatives, or their respective owners, employees, agents, and affiliates liable for any breach of contract or any domestic or international act or omission of any such third party suppliers, or for any act of God (Force Majeure) event beyond our control. When making travel arrangements, restrictions may apply. Travel carries with it certain risks, and you agree to assume all such risks including, but not limited to, any personal injury or property damage. Travel insurance may be purchased through a third party to help protect your travel investment.
7. Severability. If any provision of this Agreement shall be declared void, then the remaining provisions shall continue in full force and effect absent the void provision.
8. Equipment. Users are solely responsible for obtaining and maintaining all telephone, computer hardware, and any other equipment or devices needed to access and use this site and for all charges related thereto.
9. Indemnification and Reservation of Rights. You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all losses, expenses, costs, damages, and attorney fees arising from any violation of this Agreement, including, but not limited to, any negligent or wrongful conduct in which you or any other user may engage in relation to this site. We reserve the right to release current or past user information if we believe that access or use of this site is connected with the commission of any unlawful acts, or if required by law.
10. International Use. The Internet is an international communication tool. You agree to abide by all local laws when accessing or using this site including, but not limited to, laws governing the transmission of data exported from the country or territory in which you live.
11. Legitimate Travel and Business Purposes Only. You agree to use any information, services, or links that this site may from time to time provide for legitimate reservations or purchases only, either for you or for another person for whom you have legal authorization to act. Your abuse or overuse of any travel reservations services in this or any other site may result in your being denied access to such services in the future. Speculative, fraudulent, illegal, and false uses are strictly prohibited.
12. Ownership of this Web Site and the Resort. This web site is owned and operated by the resort. The resort and its owning entity are domiciled in the country in which the resort is located. The Fairweather Group, Inc. d/b/a Elite Island Resorts is an independent contractor and does not own, operate, manage, or otherwise control the resort and its employees. By using this site, you agree not to hold The Fairweather Group, Inc. or any other third party travel agents or tour operators liable for any loss, damage, injury, illness, or other claims arising out of or in connection with your presence upon the resort property. The resort does not maintain an office or other place of business outside of the country where the resort is located. Any claims based on your stay at the resort must be brought in the country in which the resort is located. THE RESORT AND ITS OWNING ENTITY AND EMPLOYEES DO NOT AND SHALL NOT SUBMIT TO THE JURISDICTION OF ANY COURT(S) OUTSIDE OF THE COUNTRY WHERE THE RESORT IS LOCATED.