- The Hacienda at Warm Sands (The Hacienda) with its corporate headquarters at 586 Warm Sands Drive, Palm Springs, California 92264, United States of America (“we”, “our” or “us”)provides one website available to visitors located throughout the world. Our website is https://thehacienda.com, (our “Website”). These Terms of Use also apply to translations of our Website. Our Website is controlled and operated from the United States and is subject to United States law.
- The content and information displayed on the Website is The Hacienda’s property and are collectively referred to as “Hacienda Information”. The downloading, reproduction, or retransmission of Hacienda Information, other than for non-commercial individual use, is strictly prohibited.
- By using our Website, you are accepting all the terms and conditions set forth below in these Terms of Use. If you do not agree to each and all of these terms and conditions, please do not use our Website. We reserve the right, at our discretion, to change and or modify portions of these Terms of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms of Use periodically for changes. We will display the effective date of these Terms of Use at the bottom of this page.
- Our Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies,products, processes or other proprietary rights of The Hacienda and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of The Hacienda and/or other parties is granted to or conferred upon you.
- You agree that you will not use anydevice, software or other instrumentality to interfere or attempt tointerfere with the proper working of our Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor,scrape, or copy our Website or The Hacienda Information contained therein, or any aspect of the Website or The Hacienda Information, without the prior express consent from an authorized The Hacienda representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Website). Furthermore, you agree that you will not use our Website for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict,tamper, or otherwise affect the proper operation of our Website in any way, including, without limitation, with any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use our Website in any threatening, libelous, slanderous, defamatory, obscene,inflammatory, pornographic, discriminatory, or otherwise offensive manner.We reserve the right in our sole discretion to revoke or deny your access o our Website, including, without limitation, if you violate any of the provisions of these Terms of Use.
- You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation,reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
- Our Website may provide you with the ability to use usernames, passwords, or other codes or devices to gainaccess to certain portions of our Website (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms of Use.
- TO THE MAXIMUM EXTENT PERMITTED BYLAW, OUR WEBSITE AND THE HACIENDA INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR WEBSITE AND/OR THE HACIENDA INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING OUR WEBSITE, AND/OR THE HACIENDA INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
- To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law. You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
- With respect to all communications you make to us regarding The Hacienda or Hacienda Information including,but not limited to, feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content ortechniques contained in your communications for any purpose whatsoever,including but not limited to, the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Policy).
- Hacienda Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. The Hacienda does assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. The Hacienda reserves the right to make changes, corrections, cancellations and/or improvements to The Hacienda Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
- Any use of the maps functionality on this site shall be governed by the End User Terms of Use for Google Maps application. The Hacienda shall have no liability for your use of Google Maps or for any results, including driving directions, generated by Google Maps.
- If you choose to leave our Website via links to other third-party websites, including those of advertisers,our Terms of Use and our Privacy Policy will no longer apply. We are not responsible for the terms of use or privacy policies of those third-party websites or the cookies they use.
- In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that The Hacienda is not responsible for the availability of such third-party sites or resources, and that The Hacienda is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
- These Terms of Use shall be construed and enforced under the laws of the State of California, USA, applicable to contracts executed and performed within California, USA. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of California and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of our Website. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
- If you would like to view the privacy practices that govern how we process information about you on our Website,please review our Privacy Policy.
- If you have questions about these Terms of Use please notify us immediately by e-mailing: info@thehacienda.com or writing to: The Hacienda, PO Box 1645, Palm Springs, CA 92263.