Terms used in this Agreement

The terms “we”, “us”, “our” and “CCV” refer to Club Costa Vida. The term “you” refers to the customer visiting the Website.

Purpose of this Website

This Website is provided solely to assist you to gather travel information.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read the Terms of Use carefully. By accessing or using this Website, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use this Website. CCV may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

Use of the Website

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 these Terms of Use; (iv) all information supplied by you on this Website is true, accurate, current and complete; and (v) if you have an online account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. 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 these Terms of Use.

Prohibited Activities

The content and information on this Website, as well as the infrastructure used to provide such content and information, are proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

• Use this Website or its contents for any commercial purpose.
• Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
• Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of this Website for any purpose without our express written permission; or
• “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your account shows signs of fraud, abuse or suspicious activity, we may cancel or close any CCV accounts associated with your name or email address. If you have conducted any fraudulent activity, CCV reserves the right to take any necessary legal action and you may be liable for monetary losses to CCV, including litigation costs and damages. To contest the cancellation or closure of an account, please contact CCV Customer Service.

Privacy Policy

Please review our current Privacy Policy, which also governs your use of this Website, to understand our practices.

Liability Disclaimer

The Information, Software, Products and Services published on this Website may include inaccuracies or errors. In particular, the CCV Companies and the CCV Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on our Website.

Hotel information displayed on this Website are intended as only general guidelines, and the CCV Companies and the CCV Affiliates do not guarantee the accuracy of the information. The CCV Companies, the CCV Affiliates, and their respective suppliers make no guarantees about the availability of specific products and services. The CCV Companies, the CCV Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.

The CCV Companies, the CCV Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the CCV Companies or the CCV Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The CCV Companies, the CCV Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the CCV Companies, the CCV Affiliates and/or their respective suppliers are free of viruses or other harmful components. The CCV Companies, the CCV Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

In no event shall the CCV Companies, the CCV Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the CCV Companies, the CCV Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, the CCV Companies, the CCV Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the CCV Companies, the CCV Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to CCV or the CCV Companies in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the CCV Companies, the CCV Affiliates, and/or their respective suppliers.

Indemnification

You agree to defend and indemnify the CCV Companies, the CCV Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of these Terms of Use or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of this Website.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than the CCV Companies. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is for you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on this Website

Any software that we make available to download from this Website (“Software”) or through your mobile application store, is the copyrighted work of the CCV Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or mobile application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the CCV Companies, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

Copyright and Trademark Notices

All contents of this Website are CCV All rights reserved. Club Costa Vida, Club Costa Vida Affiliate Network, CCV logo are either registered trademarks or trademarks of Club Costa Vida in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. CCV is not responsible for content on websites operated by parties other than CCV

Account Termination

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, CCV has adopted a policy of terminating, in appropriate circumstances and at CCV’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. CCV may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Early Membership Termination/Cancellation 

Members will have a term of no more than 5 (five) business days as of the business day immediately following the execution of the member contract to cancel and obtain the refund of all amounts paid without any deduction whatsoever. Cancellation on behalf of a member must be made in writing and sent to the location where the transaction took place, to the attention of the seller. Seller will have a term of 15 (fifteen) business days following the cancellation dates of the member contract to reimburse the amount paid by the member.

Notice of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to memberservices@wineandfoodspokenhere.com, by fax: (707) 571-8265.

General

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Santa Rosa, California, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the CCV Companies as a result of the Agreement or use of this Website.

Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and CCV with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CCV with respect to this Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Last Revised April 2017