AGREEMENT
BETWEEN CUSTOMER AND Proinco Vacations
This Web site
is offered to you, the customer,
conditioned on your acceptance without
modification of the terms, conditions,
and notices contained herein. Your
use of this Web site constitutes
your agreement to all such terms,
conditions, and notices.
PERSONAL AND
NONCOMMERCIAL USE LIMITATION
This Web site is
for your personal and noncommercial
use. The content and information on
this Web site (including, without limitation,
price and availability of travel services),
as well as the infrastructure used
to provide such content and information,
is proprietary to Proinco Vacations
or its suppliers and providers. Accordingly,
as a condition of using this Web site,
you agree not to use this Web site
or its contents or information for
any commercial or non-personal purpose
(direct or indirect). While you may
make limited copies of your travel
itinerary (and related documents) for
travel or services purchased through
this Web site, you agree not to modify,
copy, distribute, transmit, display,
perform, reproduce, publish, license,
create derivative works from, transfer,
or sell or re-sell any information,
software, products, or services obtained
from this Web site. In addition, whether
or not you have a commercial purpose,
you agree not to:
- (i) access, monitor or copy any
content or information of this
Web site using any robot, spider,
scraper or other automated means
or any manual process for any purpose
without express written permission
of Proinco Vacations;
- (ii) violate the restrictions
in any robot exclusion headers on
this Web site or bypass or circumvent
other measures employed to prevent
or limit access to this Web site;
- (iii) take any action that imposes,
or may impose, in the discretion
of Proinco Vacations, an unreasonable
or disproportionately large load
on the Proinco Vacations infrastructure;
or
- (iv) deep-link to any portion
of this Web site (including, without
limitation, the purchase path for
any travel services) for any purpose
without express written permission
of Proinco Vacations.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of
this Web site are: ©2005-2006
Proinco Vacations. All rights reserved.
CaboSanLucas.net, Proinco Vacations
logos are either registered trademarks
or trademarks of Proinco Vacations.
Other product and company names mentioned
herein may be the trademarks of their
respective owners.
LIABILITY
DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED
ON THIS WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Proinco Vacations, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES ON
THIS WEB SITE AT ANY TIME.
Proinco Vacations,
ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE, AND
THE INCLUSION OR OFFERING FOR SALE
OF ANY PRODUCTS OR SERVICES ON THIS
WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT
OR RECOMMENDATION OF SUCH PRODUCTS
OR SERVICES BY Proinco Vacations OR
ITS AFFILIATES. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE
PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Proinco Vacations,
ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT.
THE CARRIERS, HOTELS
AND OTHER SUPPLIERS PROVIDING TRAVEL
OR OTHER SERVICES FOR Proinco Vacations
ARE INDEPENDENT CONTRACTORS AND NOT
AGENTS OR EMPLOYEES OF Proinco Vacations
OR ITS AFFILIATES. Proinco Vacations
AND ITS AFFILIATES ARE NOT LIABLE FOR
THE ACTS, ERRORS, OMISSIONS, MISREPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE
OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL
INJURIEIS, DEATH, PROPERTY DAMAGE,
OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. Proinco Vacations AND ITS
AFFILIATES HAVE NO LIABILITY AND WILL
MAKE NO REFUND IN THE EVENT OF ANY
DELAY, CANCELLATION, OVERBOOKING, STRIKE,
FORCE MAJEURE OR OTHER CAUSES BEYOND
THEIR DIRECT CONTROL, AND THEY HAVE
NO RESPONSIBILITY FOR ANY ADDITIONAL
EXPENSE, OMISSIONS, DELAYS, RE-ROUTING
OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL
Proinco Vacations, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH, THE USE OF THIS WEB
SITE OR WITH THE DELAY OR INABILITY
TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED
THROUGH THIS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEB
SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, EVEN
IF Proinco Vacations, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
INDEMNIFICATION
You agree to defend
and indemnify Proinco Vacations, its
affiliates, and/or their respective
suppliers and any of their officers,
directors, employees and agents from
and against any claims, causes of action,
demands, recoveries, losses, damages,
fines, penalties or other costs or
expenses of any kind or nature including
but not limited to reasonable legal
and accounting fees, brought by
- (i) you or on your behalf in
excess of the liability described
above; or
- (ii) by third parties as a result
of (a) your breach of these Web Site
Terms, Conditions and Notices or
the documents referenced herein;
(b) your violation of any law or
the rights of a third party; or (c)
your use of this Web site.
NO UNLAWFUL
OR PROHIBITED USE
As a condition
of your use of this Web site, you warrant
that you will not use this Web site
for any purpose that is unlawful or
prohibited by these terms, conditions,
and notices.
LINKS TO THIRD-PARTY
SITES
This Web site may
contain hyperlinks to Websites operated
by parties other than Proinco Vacations.
Such hyperlinks are provided for your
reference only. Proinco Vacations does
not control such Websites and is not
responsible for their contents. Proinco
Vacations's inclusion of hyperlinks
to such Websites does not imply any
endorsement of the material on such
Web sites or any association with their
operators.
MODIFICATION
OF THESE TERMS AND CONDITIONS
Proinco Vacations
reserves the right to change the terms,
conditions, and notices under which
this Web site is offered and you agree
to accept and be bound by those terms,
conditions, and notices that are in
effect at the time of your use of Expedia’s
facilities.
GENERAL
This agreement
is governed by the laws of the UNITED
STATES OF MEXICO. You hereby consent
to the exclusive jurisdiction and venue
of courts in Guadalajara, Jalisco,
Mexico, in all disputes arising out
of or relating to the use of this Web
site. Use of this Web site is unauthorized
in any jurisdiction that does not give
effect to all provisions of these terms
and conditions, including, without
limitation, this paragraph.
You agree that
no joint venture, partnership, employment,
or agency relationship exists between
you and Proinco Vacations as a result
of this agreement or use of this Web
site.
Proinco Vacations's
performance of this agreement is subject
to existing laws and legal process,
and nothing contained in this agreement
is in derogation of Proinco Vacations's
right to comply with law enforcement
requests or requirements relating to
your use of this Web site or information
provided to or gathered by Proinco
Vacations with respect to such use.
If any part of
this agreement is determined to be
invalid or unenforceable pursuant to
applicable law including, but not limited
to, the warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision
will be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original
provision and agreement shall continue
in effect.
This agreement
(and any other terms and conditions
referenced herein) constitutes the
entire agreement between the customer
and Proinco Vacations with respect
to this Web site and it supersedes
all prior or contemporaneous communications
and proposals, whether electronic,
oral, or written, between the customer
and Proinco Vacations with respect
to this Web site. A printed version
of this agreement and of any notice
given in electronic form shall be admissible
in judicial or administrative proceedings
based upon or relating to this agreement
to the same extent and subject to the
same conditions as other business documents
and records originally generated and
maintained in printed form.
Any rights not
expressly granted herein are reserved.
CURRENCY CONVERTER
Currency rates
are based on various publicly available
sources and should be used as guidelines
only. Rates are not verified as accurate,
and actual rates may vary. Currency
quotes are not updated every day. Check
the date on the Currency Converter
for the day that currency was last
updated. The information supplied by
this application is believed to be
accurate, but Proinco Vacations, its
affiliates, and/or their suppliers
do not warrant or guarantee such accuracy.
When using this information for any
financial purpose, Proinco Vacations
advises the customer to consult a qualified
professional to verify the accuracy
of the currency rates. Proinco Vacations,
its affiliates, and/or their suppliers
do not authorize the use of this information
for any purpose other than personal
use and prohibit to the maximum extent
allowable the resale, redistribution,
and use of this information for commercial
purposes. |