No personal information is gathered via this site. Any personal information Sentierre Padre Canyon, LLC or Sentierre, Inc. (the “Company”) may possess about any invited visitor will be used to facilitate a possible purchase transaction in the Project. Any service providers or related entities assisting in facilitating such transactions will be given access to personal information for the same purpose. Please contact the company representative at 435.429.7000 with any questions or to request deletion of your personal information, subject to our right to retain information needed for law enforcement, anti-fraud, legal compliance, auditing, or to complete any transactions you may request.
This Agreement governs your use of this Internet site located at Sentierre.com, including all webpages, applications, “Contents” (as defined below), and goods, services, features and functions provided or offered on or through this site (collectively, the “Site”) and is by and between “Sentierre” and Padre Canyon Resort, LLC (“we” “us” or “our”) and you, whether you are accessing the Site on your own, through an intermediary, or on behalf of any other person or entity (“you”). By viewing, accessing, posting on, interacting or communicating with, engaging in transactions of any kind on or through (including but not limited to making reservations), and/or in any other manner utilizing this Site, (the foregoing activities are referred to collectively as “Using” or “Use”), you hereby agree to the terms set forth herein.
By Using the Site, in addition to the foregoing terms, you agree to the terms and conditions governing use of the Site. If you do not agree to the aforementioned terms, you are not authorized to Use this Site.
We reserve the right, in our sole discretion, to modify, add, or remove portions of the terms of this Agreement at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon our posting of the changes to sentierre.com. Therefore, please check Sentierre.com periodically for such changes. You hereby agree that your Use of the Site following the posting of changes to this Agreement at Sentierre.com/legal means that you accept all such changes.
Please note that additional terms and conditions may apply to making reservations and/or check in and/or check out arrangements, and/or engaging in purchases and/or other transactions or activities on or through this Site. You agree to comply with the terms and conditions set forth herein and any and all such applicable additional terms and conditions.
We reserve the right in our sole discretion to revoke or deny your access to the Site and/or the Application, including, without limitation, if you violate any provision of this Agreement.
As a condition of your Use of the Site and/or the Application: (i) you must be at least 18 years of age; (ii) you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement; and (iii) your Use of the Site must not violate any law, statute, ordinance, rule or regulation. You hereby represent and warrant that you satisfy all of the foregoing conditions. If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site or the Application.
RESTRICTIONS ON USE OF SITE AND CONTENT
Except as set forth below with respect to “Communications” (as defined below): (i) all rights in the information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Site, the layout and design of the Site, and the selection and arrangement of material on the Site are owned or licensed by Sentierre, Inc. (hereinafter the “Content”); and (ii) you may not modify, alter, download, upload, post, reproduce, distribute, publish, transmit, copy, display, transfer, sell, re-sell, perform, license or sublicense the Content or use the Content to create derivative works in any form, manner or by any means, for any commercial purpose without the prior written permission of , and/or otherwise as specifically provided herein.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Site and solely for your personal and for non-commercial purposes.
This Site displays or references valuable trademarks owned by Sentierre, Inc. (including but not limited to the “Sentierre” mark, and the “Sentierre” logo), Sentierre Logo used by Sentierre Padre Canyon, LLC to distinguish its services and wares (collectively, the “Marks”). The Marks and related proprietary property are protected from copying and simulation under national and international laws, and you may not reproduce, download, upload, copy or otherwise use the Marks in any manner without the express prior written permission of Sentierre, Inc.
The Site may contain or reference the Marks, and/or other trademarks, service marks, trade names, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by Sentierre, Inc. and/or other parties. No license to or right in any such IP is granted to or conferred upon you and you may not use the IP for any purpose (including those identified in the restrictions provisions set forth below), except as otherwise permitted herein or as permitted by law.
In addition to the foregoing restrictions, you further agree that in connection with your Use of the Site, you will not in any manner:
- use any devices or mechanisms, including but not limited to software, routines, malicious or unauthorized code, engines, tools, agents, robots, spiders, crawlers, data mining tools, viruses, worms, Trojan horses, malware, programs, time bombs, mail bombs, cancelbots, spam or other harmful components (hereinafter collectively “Devices”) or engage in any conduct to
- interrupt, disrupt, alter, destroy, impair, restrict, tamper or interfere with, or otherwise hamper the proper operation of, access to or provision of services to the Site, or
- monitor, scrape, download or copy the Site or the Content, or any aspect thereof;
- provide or send us any information or data that includes any Devices; engage in any conduct that creates or is intended to create liability for Sentierre, Inc or for Padre Canyon Resort, LLC;
- decipher, decompile, disassemble or reverse engineer any of the software used in connection with the Site; violate the restrictions in any robot exclusion headers on the Site or otherwise bypass, breach or circumvent any security or authentication measures and/or other measures employed to prevent or limit access to the Site;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise use or send altered, deceptive or false source-identifying information; impersonate or misrepresent your affiliation with any person or entity;
- collect or store from the Site any personally identifiable information regarding other users of the Site without their express permission; intercept or expropriate any system, data or information from the Site;
- deep-link to any portion of the Site (including, without limitation, the purchase path for any reservation services) for any purpose without our express written permission; “frame”, “mirror” or otherwise incorporate any part of the Site or Content into any other website, mobile application, product or service without our prior written authorization;
- use any meta tags or other hidden text or metadata utilizing the Content without our express written consent; engage in any conduct that:
- infringes, misappropriates or violates any other party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person or entity;
- promotes illegal or harmful activities or substances;
- otherwise violates, or encourages any conduct that would violate, any applicable law, statute, ordinance, rule or regulation or that would give rise to civil liability; or encourage or enable any other individual to do any of the foregoing.
Additional restrictions on the Use of this Site are set forth in other provisions of this Agreement.
Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“Passwords”). You are entirely responsible for maintaining the confidentiality of your Passwords 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, including, for example, if you violate any part of this Agreement.
PADRE CANYON RESORT, LLC AND SENTIERRE, INC. RIGHT TO MAKE CHANGES
Padre Canyon Resort, LLC and Sentierre, Inc. reserve the right to make changes, corrections, cancellations and/or improvements to the Site and Content, and the products, services and programs described therein at any time without notice, including after confirmation of a transaction.
INDEMNIFICATION AND RELEASE
You hereby indemnify, defend and hold us and our affiliates and each of our respective owners, parents, partners, subsidiaries, affiliates, franchisees, officers, directors, agents, contractors, subcontractors, attorneys, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, expenses, judgments, orders and liabilities or costs of whatsoever nature (including attorneys’ fees), including without limitation, claims for wrongful death of or injury to any person, loss of or damage to any property, infringement or violation of any intellectual property or personal rights (including without limitation, copyright, patent, trade secret, trademark, service mark, domain name, artist, droit moral, privacy, and/or publicity related rights, or defamation) or violation of any other rights of any kind (hereinafter each a “Claim” and collectively, “Claims”) which arise out of, concern, pertain or relate in any way to: (i) this Agreement (including without limitation, a breach by you of this Agreement or (ii) the Site, including but not limited to the Use of or inability to Use or access the Site or the Application or the functioning or non-functioning of the Site or Application; (iii) the Content; (iv) Third Party Sites; (v) the Communications; (vi) the Passwords; (vii) the IP; (viii) any act or omission by you, including without limitation, any transaction in which you engage on and/or in connection with the Site, and/or any Third Party Sites; and/or (ix) the performance or failure to perform by the Indemnified Parties in connection with any transaction, or activity on or relating to the Site, and/or any Third Party Sites.