Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
- OWNERSHIP. All content included on this site, such as text, graphics, logos, button icons, images, and software is the property of Ocean Surf Hotel, Propeller Creative, eVolution Web, Inc. and others, and is protected by U.S. copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
- USE OF SITE. 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 may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Ocean Surf Hotel, except that you may download, display and print one copy of the materials presented on this site on a single computer for your personal, non-commercial use only. 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. 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.
- AGE AND RESPONSIBILITY. 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.
- PRIVACY. You have read the Ocean Surf Hotel 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 Ocean Surf Hotel, their officers, directors, employees and agents, in accordance with the terms of and for the purposes set forth in the Ocean Surf Hotel Privacy Policy.
- EXCLUSION OF WARRANTY. OCEAN SURF HOTEL, THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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. OCEAN SURF HOTEL DOES 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. 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.
- LIMITATION OF LIABILITY. OCEAN SURF HOTEL, THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ASSUME 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 OCEAN SURF HOTEL 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 (III) THE PERFORMANCE OR NON PERFORMANCE BY OCEAN SURF HOTEL EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
- If, notwithstanding the foregoing, Ocean Surf Hotel, their officers, directors, employees and agents, 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 Ocean Surf Hotel, their officers, directors, employees and agents, 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 Ocean Surf Hotel, their officers, directors, employees and agents, and without any liability whatsoever, either Ocean Surf Hotel 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.
- INDEMNIFICATION. You shall defend and indemnify Ocean Surf Hotel 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 limitiation 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.
- LINKS. This site contains links to other web sites, which are provided solely as a convenience to you and not as an endorsement by Ocean Surf Hotel, their officers, directors, employees and agents, of the contents of such other web sites. Ocean Surf Hotel 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.
- RELATIONSHIP. The relationship between Ocean Surf Hotel, their officers, directors, employees and agents, 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.
- GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Florida, 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 Dade county, the state of Florida, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
- RESERVATION / CANCELLATION POLICY. Reservations are accepted on a "Guaranteed" basis only. A Credit Card is required at the time of booking the Reservation. The Ocean Surf Hotel guarantees that your Reservation will be held until Check-Out Time, the morning following the scheduled Check-In Date. Cancellations within 48 hours of the Check-In Date and unclaimed Reservations are subject to a penalty of the first night's rate and tax. If, for any reason beyond our control, a room should not be available for a customer holding a valid Guaranteed Reservation, we shall assist in securing comparable accommodations at another nearby property.
- ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
- MODIFICATION. Ocean Surf Hotel 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.
- 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.
- 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.
- HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
- ENTIRE AGREEMENT. These terms and conditions, together with those 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. Privacy Policy The Ocean Surf Hotel understands the importance of your privacy on and off the Internet. In every action we take, the Ocean Surf Hotel adheres to our strict privacy statement.
Privacy Policy
The Ocean Surf Hotel will never disclose information about you to any third party without first receiving your permission.
When you are on the Ocean Surf Hotel website and are asked for personal information, you are sharing that information with the Ocean Surf Hotel alone, unless it is specifically stated otherwise.
Your privacy concerns are important to us. We hope this privacy statement regarding our Internet website has been helpful to you.
