This Website is
offered to you conditioned upon your acceptance without modification
of all the terms, conditions, and notices set forth below
(collectively, the “Agreement”). By accessing or using this Website
in any manner, you agree to be bound by the Agreement. Please read
the Agreement carefully. If you do not accept all of these terms
and conditions, please do not use this Website. Be sure to return
to this page periodically to review the most current version of the
Agreement. We reserve the right at any time, at our sole
discretion, to change or otherwise modify the Agreement without
prior notice, and your continued access or use of this Website
signifies your acceptance of the updated or modified Agreement.
As a condition
of your use of this Website, you warrant that (i) you are at least
18 years of age, (ii) you possess the legal authority to create a
binding legal obligation, (iii) you will use this Website in
accordance with this Agreement, (iv) you will only use this Website
to make legitimate reservations for you or for another person for
whom you are legally authorized to act, and (v) all information
supplied by you on this Website is true, accurate, current and
complete. We retain the right at our sole discretion to deny access
to anyone to this Website and the services we offer, at any time and
for any reason, including, but not limited to, for violation of this
Agreement.
1. OWNERSHIP. This site, and each of its modules, together
with the arrangement and compilation of the content found on this
site, is the copyrighted property of Vallarta Transfers and/or
its various third party providers and distributors. Nothing
contained on this site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
of the Trademarks without the written permission of Vallarta
Transfers, or such other party that may own the Trademarks.
2. USE OF SITE. Vallarta Transfers grants you a
limited, non-transferable license to use this site in accordance
with the terms and conditions of this User Agreement. You may only
use this site to make legitimate reservations or purchases and shall
not use this site for any other purposes, including without
limitation, to make any speculative, false or fraudulent reservation
or any reservation in anticipation of demand. This site and the
content provided in this site, including the text, graphics, button
icons, audio and video clips, digital downloads, data compilations
and software, may not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed without the written permission of
Vallarta Transfers, and/or its third party providers and
distributors, except that you may download, display and print the
materials presented on this site for your personal, non-commercial
use only. You may not use any "robot," "spider" or other automatic
device, or a program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or
copy any of the Web pages, data or content found on this site, in
any case without the prior written permission of Vallarta Transfers. You agree that you will not transmit or otherwise transfer
any Web pages, data or content found on this site to any other
computer, server, Web site, or other medium for mass distribution or
for use in any commercial enterprise. You agree that you will not
use any device, software or routine to interfere or attempt to
interfere with the proper working of this site. You agree that you
will not take any action that imposes a burden or load on our
infrastructure that Vallarta Transfers deems in its sole
discretion to be unreasonable or disproportionate to the benefits
Vallarta Transfers obtains from your use of the site.
Unauthorized use of this site and/or the materials contained on this
site may violate applicable copyright, trademark or other
intellectual property laws or other laws. You must retain all
copyright and trademark notices, including any other proprietary
notices, contained in the materials, and you must not alter, obscure
or obliterate any of such notices. The use of such materials on any
other Web site or in any environment of networked computers is
prohibited. You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate
any law. In addition, you are prohibited from posting or
transmitting any information which (a) infringes the rights of
others or violates their privacy or publicity rights, (b) is
protected by copyright, trademark or other proprietary right, unless
with the express written permission of the owner of such right, (c)
contains a virus, bug or other harmful item, or (d) is used to
unlawfully collude against another person in restraint of trade or
competition. You shall be solely liable for any damages resulting
from any infringement of copyright, trademark, or other proprietary
right, or any other harm resulting from your use of this site.
3. AGE AND RESPONSIBILITY. If you use this site, you are
responsible for maintaining the confidentiality of your account
information and your password. You agree to accept responsibility
for all activities that occur under your account or password. You
represent that you are of sufficient legal age to use this site and
to create binding legal obligations for any liability you may incur
as a result of the use of this site. You understand that you are
financially responsible for all uses of this site by you and those
using your login information.
4. PRIVACY. You have read the Vallarta Transfers
Privacy Policy, the terms of which are incorporated herein, and
agree that the terms of such policy are reasonable. You consent to
the use of your personal information by Vallarta Transfers
and/or its third party providers and distributors in accordance with
the terms of and for the purposes set forth in the Vallarta
Transfers Privacy Policy.
5. REVIEW OF TRANSMISSIONS. Vallarta Transfers may,
from time to time monitor and review any information transmitted or
received through this site and reserves the right to censor, edit,
remove or prohibit the transmission or receipt of any information
that Vallarta Transfers deems inappropriate or in violation of
these terms and conditions. During monitoring, the information may
be examined, recorded or copied, and your use of this site
constitutes your consent to such monitoring and review. You agree
that if you submit suggestions, ideas, comments or questions or post
any other information on this site, you grant Vallarta Transfers and its affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content in any form, media
or technology. Vallarta Transfers takes no responsibility and
assumes no liability for any content posted or submitted by you.
6. EXCLUSION OF WARRANTY. VALLARTA TRANSFERS AND ANY
THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND
REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL
OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. VALLARTA
TRANSFERS
AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE
CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER VALLARTA
TRANSFERS NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS
WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM VALLARTA
TRANSFERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. VALLARTA TRANSFERS
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES
TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS
SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO
OR AUDIO FROM THE SITE. IN NO EVENT SHALL VALLARTA TRANSFERS OR
ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND
HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE
USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR
RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON
PERFORMANCE BY VALLARTA TRANSFERS OR ANY THIRD PARTY PROVIDERS
OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE
RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION
OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Vallarta Transfers or any
third party provider or distributor should be found liable for any
loss or damage which arises out of or is in any way connected with
any of the above described functions or uses of this site or its
content, the liability of Vallarta Transfers and the third
party providers and distributors shall in no event exceed, in the
aggregate, the greater of (a) the subscription fee and service
charge for accessing this site, or (b) US$100.00. In its sole
discretion, in addition to any other rights or remedies available to
Vallarta Transfers and without any liability whatsoever, Vallarta
Transfers at any time and without notice may terminate or
restrict your access to any component of this site. Some states do
not allow limitation of liability, so the foregoing limitation may
not apply to you.
8. INDEMNIFICATION. You shall defend and indemnify
Vallarta Transfers and any third party providers and distributors and
their officers, directors, employees and agents from and against any
claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf
in excess of the liability described herein or by third parties as a
result of your use of this site.
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital
Millennium Copyright Act of 1998 (as amended, the "DMCA") provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by us infringe your
copyright, you (or your agent) may send us a notice requesting that
the material be removed, or access to it blocked. If you believe in
good faith that we have wrongly filed a notice of copyright
infringement against you, the DMCA permits you to send us a
counter-notice. Notices and counter- notices must meet the
then-current statutory requirements imposed by the DMCA; see 17 U.S.C
512 for details. Notices and counter-notices with respect to the
Site should be sent to JS Tour & Travel Inc., 850 S Boulder Hwy
Ste 241, Henderson NV 89015, Email:
click here to send. We
suggest that you consult your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be penalties for
false claims under the DMCA.
10. LINKS. This site contains links to other Web sites
which are provided solely as a convenience to you and not as an
endorsement by Vallarta Transfers, its third party providers or
distributors of the contents of such other Web sites. None of
Vallarta Transfers or any third party provider or distributor shall be
responsible for the content of any other Web sites and make no
representation or warranty regarding any other Web sites or the
contents or materials on such Web sites. If you decide to access
other Web sites, you do so at your own risk.
11. RELATIONSHIP. The relationship between Vallarta
Transfers and you will be that of independent contractors, and neither
of us nor any of our respective officers, agents or employees will
be held or construed to be partners, joint ventures, fiduciaries,
employees or agents of the other.
12. GOVERNING LAW. This Agreement and its performance
shall be governed by the laws of the state of Texas, United States
of America, without regard to its conflict of laws provisions. You
consent and submit to the exclusive jurisdiction of the state and
federal courts located in Tarrant county, the state of Texas, United
States of America, in all questions and controversies arising out of
your use of this site and this Agreement. To the extent allowed by
applicable law, any claim or cause of action arising from or
relating to your access or use of this site must be brought within
two (2) years from the date on which such claim or action arose or
accrued.
13. ATTORNEY'S FEES. If Vallarta Transfers or its
affiliates take any action to enforce this User Agreement and these
terms and conditions, such parties will be entitled to recover from
you, and you agree to pay, all reasonable and necessary attorney's
fees and any cost of litigation, in addition to any other relief, at
law or in equity, to which such parties may be entitled.
14. INJUNCTIVE RELIEF. You acknowledge that a violation or
attempted violation of any of this User Agreement and these terms
and conditions will cause such damage to Vallarta Transfers as
will be irreparable, the exact amount of which would be difficult to
ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that Vallarta Transfers shall be
entitled as a matter of right to an injunction issued by any court
of competent jurisdiction, restraining such violation or attempted
violation of these terms and conditions by You, or Your affiliates,
partners, or agents, as well as recover from You any and all costs
and expenses sustained or incurred by Vallarta Transfers in
obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other security
shall be required in connection with such injunction.
15. TERMINATION. Vallarta Transfers may terminate
this User Agreement and these terms and conditions and/or the
provision of any of the services at any time for any reason,
including any improper use of this site or your failure to comply
with these terms and conditions. Such termination shall not effect
any right to relief to which Vallarta Transfers and its third
party providers and distributors may be entitled, at law or in
equity. Upon termination of this User Agreement and these terms and
conditions, all rights granted to you will terminate and revert to
Vallarta Transfers and its third party providers or
distributors, as applicable.
16. ASSIGNMENT. You may not assign, convey, subcontract or
delegate your rights, duties or obligations hereunder.
17. MODIFICATION. Vallarta Transfers may at any time
modify these terms and conditions and your continued use of this
site will be conditioned upon the terms and conditions in force at
the time of your use.
18. ADDITIONAL TERMS. Additional terms and conditions may
apply to reservations, purchases of goods and services and other
uses of portions of this site, and you agree to abide by such other
terms and conditions.
19. SEVERABILITY. These terms and conditions shall be
deemed severable. In the event that any provision is determined to
be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of
any other remaining provisions.
20. HEADINGS. The headings used in this User Agreement are
included for convenience only and will not limit or otherwise affect
the terms and conditions herein.
21. ENTIRE AGREEMENT. This User Agreement, together with
any terms and conditions incorporated herein or referred to herein
constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not
be amended or modified except in writing or by making such
amendments or modifications available on this site.
