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:

1. (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;
2. (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;
3. (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
4. (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.