User agrees to use the Seven Resorts, Inc. Website only for lawful purposes. User is prohibited from posting on or transmitting through the Seven Resorts, Inc. Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Seven Resorts, Inc. may disclose any Content or electronic communication of any kind to satisfy any law, regulation, or government request; if such disclosure is necessary or appropriate to operate the Seven Resorts, Inc. Website; or to protect the rights or property of Seven Resorts, Inc. and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Seven Resorts, Inc. Providers”) and any other User.
Seven Resorts, Inc. respects the privacy of its Users, and will not disclose information about its Users to any third parties.
All graphics, logos, and trademarks of Seven Resorts, Inc. and its licensors used on the Seven Resorts, Inc. Website may not be used without prior written consent of Seven Resorts, Inc.
User acknowledges that the Seven Resorts, Inc. Website contains Content that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Seven Resorts, Inc. is a distributor and not a publisher of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Seven Resorts, Inc. or its affiliates or any of their officers, directors, employees, or agents. No Seven Resorts, Inc. Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Seven Resorts, Inc. Website represents the opinions and judgments of the respective third party providing such Content. Seven Resorts, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Seven Resorts, Inc. Website by anyone other than Seven Resorts, Inc. Under no circumstances shall Seven Resorts, Inc., or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Seven Resorts, Inc. Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Seven Resorts, Inc. Website.
TERMINATION OF USAGE
Seven Resorts, Inc. may suspend or terminate any User’s access to all or any part of the Seven Resorts, Inc. Website including any account thereon, without notice, for any reason in Seven Resorts, Inc.’ sole discretion, including without limitation Seven Resorts, Inc.’ belief that such access would violate any applicable law or would be harmful to the interests of any Seven Resorts, Inc. Provider or another User.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SEVEN RESORTS, INC. WEBSITE IS PROVIDED BY SEVEN RESORTS, INC. PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH SEVEN RESORTS, INC. PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO SEVEN RESORTS, INC. PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SEVEN RESORTS, INC. WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SEVEN RESORTS, INC. WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SEVEN RESORTS, INC. WEBSITE; OR (IV) THAT THE SEVEN RESORTS, INC. WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF SEVEN RESORTS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO SEVEN RESORTS, INC. PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SEVEN RESORTS, INC. WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE SEVEN RESORTS, INC. WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY SEVEN RESORTS, INC. PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY SEVEN RESORTS, INC. PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SEVEN RESORTS, INC. WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SEVEN RESORTS, INC. WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SEVEN RESORTS, INC.’ RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SEVEN RESORTS, INC. WEBSITE.
NO SEVEN RESORTS, INC. PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SEVEN RESORTS, INC. WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH SEVEN RESORTS, INC. PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW; JURISDICTION
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of the Seven Resorts, Inc. Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.