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Encantada Resort Terms of Use
The services provided by the
Encantada Resort website are subject to the following
terms and conditions (“Terms of Use Policy”):
SERVICES AND INFORMATION PROVIDED
All of the features of this website are subject to this
Terms of Use Policy. Any and all of the information
provided on this website is intended for the general
information of the website visitors, and is not intended
to be relied upon by any person or entity for any reason
whatsoever, including but not limited to the truth
veracity, and/or availability of any goods or services
advertised therein.
PROTECTION OF PERSONAL INFORMATION
To obtain further information regarding the collection
and use of personal information, please see the
Encantada Resort Privacy Policy.
In the event Encantada Resort issues you an account or
password to further access certain areas of the website,
or to have access to certain features of this website,
you are responsible for maintaining the confidentiality
of your password, and you agree to accept any
responsibility for all actions that occur under your
account or password, including but not limited to
unauthorized use of or access to this website by any
third persons.
Our website is not directed to, nor intended for use by,
any child age 13 or under. Please see the Encantada
Resort Privacy Policy for further information.
WEBSITE CONTENT
The materials and information
on this website, including but not limited to all text,
graphics, photographs, artwork, and the like
(“Content”), as well as the trademarks, service marks
and logos contained in our Content, are the intellectual
property of Encantada Resort, its Owners/Operators, its
affiliates, and/or its licensors, protected by the
Copyright and Trademark Laws of the United States and
other jurisdictions. Our Content is provided to you for
your information and personal use only, and may not be
used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the
prior written consent of Encantada Resort.
HYPERLINKS AND FRAMES
The Encantada Resort website contains or may contain
“hyperlinks” to third party websites to enable you to
access those websites directly from our website.
Encantada Resort is neither responsible nor liable for
the content of any website other than our own, and your
use of such third party websites is controlled by and
subject to the privacy policies and terms of use of such
third party websites.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITY
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS, AND
Encantada Resort, ITS OWNERS/OPERATORS, ITS AFFILIATES,
AND/OR ITS LICENSORS, DISCLAIM ANY AND ALL WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, TO THE FULLEST
EXTENT ALLOWED BY LAW, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Encantada Resort, ITS OWNERS/OPERATORS, ITS AFFILIATES,
AND/OR ITS LICENSORS FURTHER DISCLAIM ANY AND ALL
RESPONSIBILITY AND LIABILITY FOR (I) ERRORS, MISTAKES,
OR INACCURACIES OF OUR CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY.
Encantada Resort, ITS OWNERS/OPERATORS, ITS AFFILIATES,
AND/OR ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR
OTHER DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM
THE USE OF, OR INABILITY TO USE, OUR CONTENT AND/OR OUR
WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH
OUR WEBSITE, WHETHER BASED IN TORT, CONTRACT, OR
NEGLIGENCE, EVEN IF WE HAVE BEEN ADVISED OF SUCH ACTUAL
OR POTENTIAL DAMAGES. YOUR ONLY REMEDY SHALL BE TO CEASE
ANY FURTHER USE OF OUR CONTENT OR WEBSITE.
OUR RIGHTS
Encantada Resort, its Owners/Operators, affiliates,
and/or licensors, reserves the right to take any and all
action necessary, and to seek any and all remedies
available to us to prevent the unauthorized use of our
Content and/or our website, including but not limited to
the right to take appropriate legal action, to seek
injunctive relief and/or monetary damages, and to
prevent further use of our website by anyone who
infringes our intellectual property rights or otherwise
misuses our Content or website in any way.
You agree to indemnify and hold harmless Encantada
Resort, its Owners/Operators, affiliates, and/or its
licensors, from any and all damages, costs, or expenses,
including reasonable attorneys fees and court costs, for
any action brought against any of them (i) by a third
party as a result of your access to and/or use of this
website (or the wrongful access thereto through the use
of your password and/or userID) and/or (ii) if Encantada
Resort, its Owners/Operators, affiliates, and/or its
licensors is/are the prevailing party in any action
brought by you to enforce this Terms of Use Policy
against us.
This Terms of Use Policy may be amended or changed at
any time. Encantada Resort will notify you of any such
changes or amendments by posting such changes and
amendments on this website. The last date that the Terms
of Use Policy has been updated will also be posted on
this website.
APPLICABLE LAW
By visiting the Encantada Resort website, you
acknowledge and agree that any disputes between you and
Encantada Resort, its Owners/Operators, affiliates,
and/or its licensees arising out of your access to
and/or use of our Content, our website, this Terms of
Use Policy, and/or our Privacy Policy, shall be governed
by the laws of the State of Florida, without regard to
its conflicts of laws provisions, and any action taken
by either of us against the other shall be brought in a
court of appropriate jurisdiction in Orange County,
Florida, and you expressly agree to venue and personal
and subject matter jurisdiction in such court.
HOW TO CONTACT Encantada Resort
If you have any questions about this Privacy Policy,
this website, or to obtain further information please
contact us at:
Encantada Resort
3080 Secret Lake Drive. * Kissimmee, FL 34747
Ph: 407-787-0770 * Fax: 407-787-3770
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