Our agreement with you concerning the use of the wesite.
IMPORTANT: THE TERMS REQUIRE YOU TO RESOLVE DISPUTES WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL THE PROVISIONS OF THE TERMS.
BDC grants you a limited, non-exclusive license to access and view content on the Site for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by BDC in writing, you may not distribute, modify, transmit, reproduce, download, or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes without BDC’s written permission. Nor will you take any measures to interfere with or damage the Site. Your right to use the Site will terminate immediately in the event you are in breach of any portion of the Terms. We may also terminate this license at any time for any reason or no reason. All rights not expressly granted by BDC are reserved.
Images of people or places displayed on the Site are either the property of, or used with permission by, BDC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes.
You should assume that everything on the Site is copyrighted unless otherwise indicated and that it must not be used except as provided in the Terms or with the express written consent of BDC. All photos, images, and text on the Site, together with the design and layout of the Site, are copyrighted or are trademarks of BDC, but in any event, they may not be used without BDC’s written permission. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of BDC and others. All intellectual property rights in the Site and in any content of the Site (including, but not limited to, the Trademarks and all other text, graphics, design,trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of BDC and others. All intellectual property rights in the Site and in any content of the Site (including, but not limited to, the Trademarks and all other text, graphics, design, layout, software, photographs, and other images, videos, and sound) are owned by us or our licensors, and nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any such intellectual property or Trademark without the written permission of BDC or such third party that may own the intellectual property or Trademark. In the event you print off, copy, or store any part of the Site (only as permitted by the Terms), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced. Your misuse of the intellectual property and the Trademarks displayed on or included in the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that BDC will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
We cannot guarantee the continuous, uninterrupted, or error-free operability of the Site. There may be times when all of (or certain features, parts, or content of) the Site becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended, or withdrawn. Such scheduled unavailability, modifications, suspensions, and withdrawals are in our sole discretion and may be without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension, or withdrawal of the Site, or any features, parts, or content of the Site.
You may only use the Site in accordance with the Terms. You agree you will not engage or attempt to
engage in any improper use of the Site, including, but not limited to:
If you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under
penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices should be sent to www.bermudianabeach.com. There can be penalties for false claims. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
THE SITE AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SITE, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (D) OF SECURE, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE SITE. THE SITE AND ALL CONTENT OBTAINED BY YOU THROUGH THE SITE, INCLUDING THE LINKED SITES (AS DEFINED BELOW) IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE ON THE SITE OR AY LINKED SITE, OR OTHERWISE TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION FROM OR ON THE SITE OR ANY LINKED SITE.
IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, ARISING FROM YOUR USE OF A LINKED SITE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THE TERMS OR YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO ONE HUNDRED DOLLARS (US$100.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY, OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.
You agree to indemnify and hold us, BHC, each of our and their other subsidiaries and affiliates, and each of their respective officers, agents, partners, and employees harmless from all losses, liabilities, costs, expenses (including reasonable attorneys’ fees), claims, suits, demands, hearings, and other proceedings arising out of or relating to your use of the Site or your breach of the Terms.
The Site may contain links to other third-party websites or otherwise re-direct you to other third-party websites or services (collectively, the “Linked Sites”). The Linked Sites are not under our control and we are not responsible for any Linked Site, including, but not limited to, any content contained in a Linked Site or any changes or updates to a Linked Site. The Linked Sites may require you to agree to additional terms and conditions between you and such third party. WE ARE NOT RESPONSIBLE FOR ANY SUCH TERMS AND CONDITIONS OR ANY DAMAGES YOU MAY INCUR BY USING THE LINKED SITES.
We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Site or any association with its operators. You use the Linked Sites solely at your own risk.
The Terms, and any dispute, claim, or cause of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to the Terms or the execution or performance of either party pursuant to these Terms (including any cause of action based upon, arising out of, or related to any representation or warranty made in connection with the Terms or as an inducement to agree to the Terms), will be governed by, and enforced in accordance with, the internal laws of Bermuda including its statute of limitations. You agree that all such disputes must be settled only through binding arbitration that will be subject to the Federal Arbitration Act and not any state arbitration law. Arbitration shall be conducted by one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT OR HAVE A JUDGE OR JURY HEAR ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND US. YOU ALSO HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON ANY BASIS (INCLUDING, BUT NOT LIMITED TO A CLASS ACTION BASIS) INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. YOU AGREE THAT THIS ALSO MEANS THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. All arbitrations shall be conducted solely based on written submissions or, if the damages you claim exceed the amounts that could otherwise be brought in small claims court, a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Bermuda. The arbitrator’s ruling is binding and confidential. You shall be responsible for your attorneys’ fees and other costs in bringing any claim against us, including all costs associated with the arbitration, and we shall be responsible for our own such costs. Notwithstanding the preceding, you agree that claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights are not required to be arbitrated, but such claims must be brought exclusively in the state or federal courts located in Bermuda, and each of you and us hereby consents to the jurisdiction of those courts. Actions seeking equitable relief (including injunctive relief) are also not required to be arbitrated, and each of you and us may enforce any provision of the Terms by seeking equitable relief (in addition to all other remedies available to it, subject to the limitations contained herein) without the need to prove the inadequacy of monetary damages or to post bond or other security.
BDC may at any time revise these Terms by updating this posting. By continuing to use the Site after we post an updated version of these Terms, you agree that you are bound by any such revisions. Therefore, you should check these Terms for updates every time you visit the Site.