LEGAL NOTICE FOR WWW.EDENROCHOTELMIAMI.COM
TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE ACCEPTED BY THE USER
IMPORTANT: READ BEFORE USING
These Terms and Conditions (the “Agreement”) set forth the terms and conditions that apply to your access and use of www.edenrochotelmiami.com (the “Website”) as owned and operated by Eden Roc, LLLP, its subsidiaries and/or affiliates (collectively known as “Eden Roc”). By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement as it may be amended from time to time. If you do not agree to this Agreement, then you may not use any portion of the Website.
By using the information, tools, features, software and functionality including content, updates and new releases provided on the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website), or a “Customer” (which means that you have registered for an account with or purchases something on or through the Website.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to Eden Roc. You may not use the Website and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Eden Roc.
Before you continue, you should print or save a local copy of this Agreement for your records.
The headings and subheadings contained in this Agreement are exclusively for the user's convenience and have no legal or contractual effect. Accessing the Website and/or the contents thereof might be illegal for certain persons or in certain countries. Users accessing the Website do so at their own risk and are responsible for complying with the laws of the jurisdiction where they are located. Eden Roc’s failure to exercise its rights, or its delay in doing so, shall not be construed as a waiver by Eden Roc 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 Eden Roc, of any right, action or remedy under this Agreement shall not prevent the subsequent full exercise thereof. The tolerance on behalf of Eden Roc of any breach to this Agreement on one occasion shall not constitute or imply a tolerance of a subsequent breach.
This web site, and the information which it contains, is the property of Eden Roc and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Eden Roc is a trademark or a registered trademark of Eden Roc in the United States and certain countries. All of Eden Roc and its affiliates product names and logos are trademarks or registered trademarks of Eden Roc or its affiliates, as applicable. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
Minors are not permitted to use the Website. By using the Website, 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 for any of such minor's acts resulting in any damage or loss caused by the use of this Website to Eden Roc or any third party.
OWNERSHIP AND RESTRICTIONS ON USE
All materials contained on the Website are the copyrighted property of Eden Roc. No material from the Website or any website owned, operated, licensed, or controlled by Eden Roc 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 Website 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 Eden Roc’s 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 Eden Roc, since such offers or fees may vary from time to time. For purposes of this Agreement, the use of any such material on any other website or computer network environment is expressly prohibited.
Eden Roc owns all right, title and interest in and to all trademarks on this Website. To the extent this Website provides interactive capabilities that allow you to submit information or data on the Website, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the Website 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 and create derivative works from and distribute such materials or incorporate such materials in any manner.
You agree that your use of this Website is at your sole risk. The materials on this Website are provided "as is" and without warranties of any kind either expresses or implied. To the extent permissible pursuant to applicable law, Eden Roc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Eden Roc does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Eden Roc does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You 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 Website, you warrant to Eden Roc that you will not use this Website 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 Website any liability or damages arising from such action shall be your sole responsibility.
LIMITATION OF LIABILITY
Under no circumstances shall Eden Roc be liable for any direct, indirect, punitive, special or consequential damages or objective civil liability or any personal damage that result from the use of, or the inability to use, the materials and contents on this Website. In no event shall Eden Roc’s 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 Website.
Eden Roc does not accept unsolicited ideas about marketing, advertising or products. Please do not submit to the Website any material or ideas, including creative material of any kind. In case you send any material or content to the Website 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. Eden Roc does not warrant or guarantee the accuracy of the currency information supplied on this Website.
LINKS TO THIRD-PARTY SITES
Links to other sites are provided solely for your convenience. By providing these links, Eden Roc is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and Eden Roc is not responsible for the materials and content, at or related to or from any other site.
Security: Eden Roc 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: The products and services of Eden Roc are provided "as is" and such products and services are subject to quantity or quality availability and business capacity, including but not limited to hotel capacity and traveling season's fees. By supplying your 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 Eden Roc’s 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 any time by responding to the SMS or MMS message with the word "STOP".
MODIFICATION OF TERMS
Eden Roc 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 this Website you accept those changes.
These terms are effective until terminated by Eden Roc for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this Website and any all other Eden Roc website(s) and all copies thereof, whether made under the terms of these terms or otherwise.
This Website is controlled and operated by Eden Roc from its offices within the State of Florida, United States of America. Eden Roc makes no representation that materials in this Website 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 Florida, United States of America, without giving effect to any principles or legislation of conflicts of law, and you accept this by using this Website.
Any disputes arising out of or related to this Website and the use of same shall be governed by and construed and enforced in the courts located in Miami-Dade County, Florida, United States of America. You expressly waive any other jurisdiction or forum that you might be entitled to for any reason. If any provision of this Agreement 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 is the entire agreement between the parties.
For inquiries regarding this document, contact:
EDEN ROC MIAMI BEACH RESORT
ATTN: INFORMATION TECHNOLOGIES
4525 COLLINS AVENUE
MIAMI BEACH, FL 33140
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