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These Terms and Conditions
of Use constitute the contractual agreement between you and
Saratoga Resort Villas and Spa regarding your use of our site
and any activities or transactions you may conduct through our
site. Your use of our site constitutes your agreement to follow
and be bound by these Terms and Conditions of Use and by our
Privacy Policy (collectively, our “Terms and Conditions”).
As used in these Terms and Conditions, the words “you” and
“your” and "Client" refer to any person accessing the Saratoga
Resort Villas and Spa Web site. The words “we,” “us,” and “our”
refer to Saratoga Resort Villas and Spa.
We reserve the right to modify, alter, or otherwise update these
Terms and Conditions at any time. We will post any such change
at this site, so you are encouraged to review these Terms and
Conditions from time to time. Any changes will apply
prospectively only. Your continued use of our site following the
posting of changes to these Terms and Conditions will constitute
your acceptance of any and all posted changes. We may of course
change, move or delete portions of our site, or add to our site
from time to time.
User Comments
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted, or offered to Saratoga Resort
Villas and Spa through our site or otherwise disclosed,
submitted, or offered in connection with your use of our site
(collectively, “Comments”) shall be and remain the property of
Saratoga Resort Villas and Spa. You agree that Saratoga Resort
Villas and Spa may use or disclose Comments in any manner
consistent with our Privacy Policy. Saratoga Resort Villas and
Spa shall be free to use, without restriction and without
compensation to you, any ideas, concepts, know-how, suggestions,
or techniques contained in any Comments you send to us for any
purpose whatsoever. Saratoga Resort Villas and Spa has no
obligation to respond to any Comments, and we reserve the right,
but undertake no duty, to review, edit, move, or delete any
material posted by users on our site, in our sole discretion and
without notice.
Ownership Of Site Contents; Downloading
Unless otherwise noted, all text, images, illustrations,
designs, icons, photographs, video clips, and other materials
that are part of our site (collectively, the “Contents”) are
copyrighted works, trademarks, trade dress, or other
intellectual properties owned, controlled, or licensed by
Saratoga Resort Villas and Spa or used under principles of “fair
use.” The Contents of our site and the site as a whole are
intended solely for your personal use. You may not copy the
Contents and other materials displayed on our site any purpose
whatsoever without our advance written consent.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the
security of the site, including, without limitation (a)
accessing data not intended for such user or logging into a
server or account which the user is not authorized to access (b)
attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization (c) attempting to interfere with
service to any user, host or network, including, without
limitation, via means of submitting a virus to the site,
overloading, flooding, spamming, mailbooming or crashing (d)
sending unsolicited e-mail, including promotions and/or
advertising of products or services or (e) forging TCP/IP packet
header or any part of the header information in any e-mail or
newsgroup posting. Violations of any system or network security
may result in civil or criminal liability. SRVS will investigate
occurrences which may involve such violations and may involve
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Saratoga Resort Villas and
Spa unless otherwise indicated the contents, and the collection,
arrangement and assembly of the contents of this site are the
property of Saratoga Resort Villas and Spa (SRVS) and are
protected, without limitation, U.S. and foreign copyright,
trademark and other laws. No material from this site may be
copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy
of the materials on any single computer for your personal
non-commercial 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
SRVS's copyright, trademark, and trade secret rights and others'
proprietary rights. The use of any such material on any other
Web Site or networked computer environment for any purpose is
prohibited.
Acceptable Site Use General Rules.
Users may not use the site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law
or regulation (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal
rights of others or (c) that is defamatory, obscene,
threatening, abusive or hateful. Users may use the site only for
lawful purposes.
TERMINATION
This Agreement will terminate immediately without notice from
SRVS, if in SRVS's sole discretion you fail to comply with any
term or provision of this Agreement, if you are a repeat
infringer of any third party's rights, or if you engage in
conduct that is illegal, tortious or that interferes with the
technological operation of this site. Upon termination, you must
destroy all materials obtained from this site and all copies
thereof, whether made under the terms of this Agreement or
otherwise.
LINKS
This site may contain links to third party sites. These links
are provided solely as a convenience to you and not as an
endorsement by SRVS. SRVS is not responsible for the content of
linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third
party sites. If you decide to access linked third party sites,
you do so at your own risk.
THIRD PARTY POSTINGS
SRVS may, in its sole discretion, post material, advertisements
and other promotional materials of third parties on the site.
Your correspondence or dealings with these parties found on the
site are solely between you and such party. You agree that SRVS
shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as a result of
their presence. Moreover, SRVS shall not be responsible or
liable for the statements or conduct of any third party on the
site. With regard to services or products purchased or obtained
by a user from someone other than SRVS, we make no
representation or warranty of merchantability or fitness for a
particular purpose with regard to such services or products, and
we hereby specifically disclaim any and all express and implied
representations and warranties of any nature whatsoever as to
such services and products.
Policies For Children (Individuals Under 13 Years Of Age)
Our site is not a Web site directed to children under the age of
13. However, we hereby advise all visitors to our Web site under
the age of 13 not to disclose or provide any Personally
Identifiable Information on our site. In the event we discover
that a child under the age of 13 has provided Personally
Identifiable Information to us, in accordance with the
Children’s Online Privacy Protection Act of 1998, we will delete
the child’s Personally Identifiable Information from our files.
For more information regarding a child under the age of 13
providing Personally Identifiable Information, see the Federal
Trade Commission’s Web site explaining the Children’s Online
Privacy Protection Act of 1998 at
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
Saratoga Resort Villas and Spa (SRVS) HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT ASSERTED AGAINST
SRVS, ITS AGENTS, ITS CUSTOMERS, OFFICERS, AFFILIATES AND
EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO
DEFEND, INDEMNIFY AND HOLD HARMLESS Saratoga Resort Villas and
Spa AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH Saratoga Resort Villas and Spa'S SERVER; (2)
ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY
INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3)
COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM Saratoga Resort Villas and Spa'S SERVER; (5) ANY
CLAIM ASSERTED FOR DAMAGES IN EXCESS OF THE CREDITS SPECIFICALLY
PRESCRIBED BY THIS AGREEMENT.
Disclaimer
Saratoga Resort Villas and Spa (SRVS) WILL NOT BE RESPONSIBLE
FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SRVS MAKES NO
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. SRVS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY SRVS AND ITS EMPLOYEES.
Saratoga Resort Villas and Spa RESERVES THE RIGHT TO REVISE ITS
POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED
SERVERS OF Saratoga Resort Villas and Spa MUST ADHERE TO THE
ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
SEVERABILITY
If any provision of this Agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions.
PERMISSION FOR REPRINTS
All material on this site without limitation, is protected by
Canadian, U.S. and other foreign copyright and trademark laws.
In order to receive permission to reprint any material on this
site (outside of personal, non-commercial use), please contact
us.
Email:
No bulk email may be sent. Email accounts may not used for the
purpose of sending unsolicited advertisements or spam.
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