LEGAL NOTICE REGARDING THE WEBSITE USE TERMS AND CONDITIONS
Upon use of the Website, you hereby agree to submit to the following use terms and conditions of our Website www.rlhproperties.com.mx and/or other websites operated by RLH Properties, S.A.B. de C.V. (hereinafter referred to as “RLH PROPERTIES”) on its behalf or through any legal entity held by or branch office thereof having its address at Av. Paseo de la Reforma 412, Piso 21, Colonia Juárez, Delegación Cuauhtémoc, C.P. 06600, Mexico City (hereinafter the “Website”). Upon use of the website, you hereby accept these governing terms and conditions.
WEBSITE USE RESTRICTIONS AND CONTENTS
All rights over the information, data, texts, software, music, photographs, images, designs, statistical data, logos, archives, products, services, images, videos, messages, sounds, archives and other materials contained and/or shown in the Website, Websites’ layout and design and, selection and layout of contents of the Website, shall be held by and under the license of RLH Properties (hereinafter, the “Contents”). Without the prior written consent of RLH Properties and/or any other manner as to the specifically provided herein and unless its information provided by the Website or provided for downloading, you must not change, alter, download, charge, post, reproduce, distribute, post, transfer, copy, show, transfer, sell, re-sell, execute, license or sub-license the Contents or use the Contents to create any project derived in any manner, for any commercial purpose. RLH Properties shall not grant any license or right for any document or information presented or downloadable within the Website (“Downloadable Content”), therefore you may only use such Downloadable Content for your personal information and use.
Any trademarks, distinctive signs, commercial names and notices or any other material subject to intellectual protection shown or referred to in the Website (collectively, the “Trademarks”), shall be owned by or under the license of RLH Properties and/or their corresponding holders; these shall be protected to the broadest scope permitted by industrial property laws against unauthorized reproduction and use. Without the prior written consent of RLH Properties and/or its corresponding holders, you shall not reproduce, download, upload, copy nor use in any manner such Trademarks.
You hereby accept and submit to the obligation to not use on the Website or regarding the Website any devices or mechanisms, including software, routines, unlawful and unauthorized codes, engines, tools, agents, robots, spiders, trackers, data mining tools, virus, worms, Trojan horse, malware, apps, time bombs, bots, spam mail and other harmful components (hereinafter, jointly referred to as “Devices”) or participate in any action with the purpose or effect (i) to interrupt, alter, destroy, deteriorate, restrict, manipulate or interfere, or in any other manner block the correct functioning of the Website, including its Contents, access or services provided by the Website, or (ii) monitor, exploit or in any other manner use the Contents, or download any content different to the Downloadable Content of the Website. Also, it is forbidden and you are hereby obligated to not perform any actions to decrypt, decompile, disassemble, or apply inverse engineering to the software used for the Website, default of any restriction made to the Website or in any other manner omit, violate or dodge any safety or authentication and/or any other measure used to prevent or limit access to the Website, send any unrequested or unauthorized advertising, promotional materials, electronic mails, unwanted or spam mails, letter chains or any other requests, use or send altered, misleading or untrue information identifying the source, suppress or change affiliations with any individual or entity, obtain or store from the Website any information regarding personal data of other Website users without their express authorization, intercept or seize any system or information of the Website or Contents of any other website, mobile app, product or service without our prior written consent, use meta-labeling or any other hidden text or metadata using the Contents without our prior written consent; and, in general, participate in any action that: (i) infringes or unlawfully takes over any rights of RLH Properties and/or their corresponding holders; (ii) has a unlawful, misleading or wrongful purpose; (iii) whenever its content on the Website is harmful, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, fanaticism, racism, hate, harassment or damages any person or group; (v) constitutes a threat or promotes violence or actions threatening any person or entity; (vi) promotes unlawful or harmful activities or substances; (vii) any other unlawful activity as set forth by effective laws.
In the event the Websites provides the ability for usernames, passwords or other codes or devices to obtain access to certain parts of the Website (“Passwords”), you shall be the sole responsible to maintain confidentiality thereof and of all activities performed in or under your account. RLH Properties shall not be responsible for any use provided under an account operated by a username, password or other codes or devices to access certain parts of the Website.
Regarding all communications set forth, provided or sent to RLH Properties, including among others, information, comments, questions, comments, proposals, contents, suggestions, presentations, reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, contents, techniques and/or any other materials (“Communications”), and any and all Communications you voluntary post, send, visualize or uploaded in the Website, you provide (or guarantee holder of such materials are expressly provided) to RLH Properties the world-wide right and license, non-exclusive, free of royalties, perpetual, transferable, irrevocable and totally sub-licensable to our exclusive criteria to: (i) use, reproduce, modify, adapt, translate, distribute, post create work therefrom, publicly displayed, perform and/or use or disclose or share to third parties such Communications or incorporate in any manner such Communications to any forum, means or technology to any purpose at any part of the world in any means, known or to be known, including without limitation: the development, production and commerce of products and services incorporated in such Communications; and/or (ii) use the name sent regarding such Communications; and/or provide the attribution of Communications (for example, list its name and city of origin in the sent review of a hotel) to our exclusive criteria.
We shall not assume any responsibility and we shall not be responsible for any Communication posted on the Website or sent by you. We are not obligated to post your Communications and we reserve the right, at our own criteria, to determine whether we post and/or maintain any Communications on the Website. We shall have the right (not the obligation) to supervise and review the Communications transferred or received throughout the Website and to edit, eliminate or prohibit the transfer or reception of Communications (all or part) as considered inappropriate or in default of the provided herein. Upon use of this Website and send or post any Communications, you expressly accept such monitoring, registry and revision. In any event, RLH Properties shall handle any personal information pursuant to RLH Properties Policy on Privacy. Failure to accept such terms, you should not use the Website nor access its Content.
Therefore, we kindly request you abstain from sending any confidential message containing sensible or financial information through any means provided by this Website. Only use such means to send non-confidential messages. Should you send confidential messages, containing sensible or financial information, you do so under your own knowledge, will and risk.
COOKIES AND WEB BEACONS AND SIMILAR TECHNOLOGIES
THIRD-PARTY WEBSITES AND MATERIALS
It may be possible the Website contains links to websites and/or resources operated by third parties (hereinafter, “Third-party Websites”). Such links are provided for convenience purposes only. We do not have any control over such Third-party Websites and, therefore, do not have any responsibility over their contents, accuracy or any other characteristic. We do not guarantee and are not responsible therefore, for any links set forth therein or for any material, product or service of third-parties. Including Third-party Websites on our Website does not represent any backup or reference, nor any association to their operators. You acknowledge your exclusive responsibility and assume all risks risen from the use of any Third-party Websites.
We do not offer any guarantee nor assume any responsibility for the operation of the Website or its Contents, including any Downloadable Contents, including, without limitation, the term or accuracy of any information posted. Upon use of the Website, you accept and acknowledge that any Content and Downloadable Content of the Website is only displayed as an introduction, reference or general information. In order to access current information, you shall always access through the institutional channels and direct contact with the responsible officers of RLH Properties. Whenever you are not satisfied with the Website or any part thereof, or its members or associates, as the case may be, your only resource shall be to discontinue the use of the Website.
APPLICABLE LAW AND JURISDICTION
To the broadest scope permitted by law, their agreement to use the Website pursuant to these use terms and conditions shall be governed and be interpreted in accordance to the laws of Mexico, with the exception of standards of conflicts of law, subject to the jurisdiction of the corresponding courts of Mexico City, therefore upon use made by this Website, you expressly waive any other place or jurisdiction which may correspond due to present or future address, or due to any other cause.
RLH Properties, S.A.B. de C.V., its shareholders, partners, affiliates, related parties, and/or subsidiaries (hereinafter, “RLH”) hereby expressly reserve the right to amend, review, and change —at their discretion or as required by applicable law or governmental bodies— the design of the project, the buildings, and/or the residential units corresponding to the same. All the features and specifications indicated in this document or in any other publication may be subject to change without notice. The dimensions indicated in this document are estimates and may vary depending on the actual construction of the project, the size redesign, the orientation, and the location of the units, among other factors. The contents described in this document —including without limitation, photographs, logotypes, texts, presentations, and the project identification name— belong to RLH, or else, RLH has acquired the corresponding rights from the owners of those contents, or RLH has obtained consent from said owners to be able to publish such contents, provided that the same are protected by applicable industrial property laws. This document will never correspond to a sales offer, purchase request, and/or any other type of legally-binding document. RLH has not been registered to make sales offers in jurisdictions within the United States of America where a registration is required. This document is offered solely for information and dissemination purposes; therefore, RLH is hereby released from any direct or indirect liability that could result from using the indicated information beyond the purposes of the same. No governmental body or third party has intervened on account of the merits or value of this project or those of the relevant assets, if applicable. RLH considers that all information is true and accurate; however, RLH does not assume any legal responsibility as regards the accuracy of the information described in this document.
“Laguna Kai Villas” are owned and are being developed, offered and sold by Islas de Mayakoba, S.A. de C. V. Rosewood Hotels & Resorts is not the owner, seller, broker, developer or offeror of Laguna Kai Villas and is not an affiliate, partner, sales representative or agent of Islas de Mayakoba, S.A. de C.V. Rosewood has been engaged by Laguna Kai Hotel to provide management and optional services to Laguna Kai Hotel and Laguna Kai Villas. Rosewood’s engagement at Laguna Kai is not in perpetuity and may end at any time without notice to or consent of purchasers or owners at Laguna Kai Villas. Rosewood and Rosewood Hotels & Resorts are registered trademarks owned by Rosewood Hotels and Resorts, L.L.C.”
Fairmont Residences, Mayakoba (the “Resort”) is not owned, developed, or sold by Fairmont or its Affiliates. FHP VILLAS LOTE 2, S.A DE C.V., a Mexican sociedad anónima de capital (the “Developer”), is independently owned and operated and is solely responsible for the ownership, development, and operation of the Resort.
The Developer uses the Fairmont brand name and certain Fairmont trademarks pursuant to a limited, non-exclusive, non-transferable and non-sublicensable license from Fairmont. Under certain circumstances, the license may be terminated or revoked according to its terms in which case neither the Residences nor any part of the Resort will be identified as a Fairmont branded project or have any rights to use the Trademarks. Fairmont does not make any representations or guarantees with respect to the Residences or the Resort and is not responsible for the Developer’s marketing practices including this website, advertising, and sales representations. Fairmont is not acting in a joint venture with the Developer.
RLH Properties shall reserve the right to make changes, corrections, cancel and/or improve at any time all information of the Website and its Contents, even without prior notice.
Should you have further questions regarding these use terms and conditions for the Website, send us a communication, therefore we provide the following contact information:
RLH Properties, S.A.B. de C.V.
Attention: Legal Department
Av. Paseo de la Reforma 412, Piso 21
Colonia Juárez, Delegación Cuauhtémoc
C.P. 06600 Ciudad de México
Tel: +52 (556) 393-3000