THE BREAKERS PALM BEACH, INC.
Last Updated: May 13, 2019
The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries, and properties (“The Breakers”) are committed to offering informative and user-friendly online and communications services for our guests, visitors to our websites and business partners.
INFORMATION FROM CHILDREN
YOUR USE OF OUR SERVICES
Your access to and use of our Services may be interrupted from time to time for any reason, including the malfunction of equipment, periodic updating, maintenance or repair of our Services, or other actions that we may, in our sole discretion, elect to take. We may suspend or discontinue the availability of our Services or any portion or feature of our Services at any time, in our sole discretion, and without prior notice. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to all or any part of our Services by users, including registered users.
YOUR PERSONAL INFORMATION
YOU MUST MAINTAIN THE SECURITY OF ANY PASSWORD ISSUED TO YOU
YOU MUST NOTIFY US OF A BREACH
- Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of our Services
- Cooperate with law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Services
YOU WAIVE AND HOLD US (AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY SUCH ACTIONS TAKEN.
INTELLECTUAL PROPERTY RIGHTS
Our Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the foregoing) are owned by us, our licensors, or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Proprietary Materials.”) You may not use any of the Proprietary Materials without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers. We also own a copyright in a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Content (the "Collective Work"). All software used on or within our Services (the "Software") is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
YOUR USE OF THE CONTENT AND COLLECTIVE WORK
You will comply with all applicable United States and foreign rules, regulations, and laws relating to the importation and exportation of technical data associated with our Services. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks, or provide links to or frame our Services, without our prior express written permission, which may be withheld in our sole discretion.
INTERFERENCE WITH OUR SERVICES
You will not use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy or monitor our Services, or any portion of our Services, or for any other purpose, without our prior express written permission, which may be withheld in our sole discretion. Additionally, you will not: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, transmit, or publicly display any Content or Collective Work (except for your personal information) without our prior express written permission, which may be withheld in our sole discretion, and the permission of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any measures we may use to prevent or restrict access to our Services. We may, without prior notice to you, immediately disconnect your access to and use of our Services if you interfere with or disrupt our Services.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke these exceptions either generally or in specific cases. You will not collect or harvest any personally identifiable information from our Services. You will not use any communication systems provided on our Services (for example, forums) for any commercial or solicitation purposes. You will not solicit for commercial purposes any users of our Services without our prior express written consent, which may be withheld in our sole discretion.
DISCLAIMERS AS TO ERRORS IN CONTENT
Our Services may contain technical inaccuracies and typographical or other errors in connection with the Content, including rates, fees, or availability applicable to a transaction. We make no representations and assume no responsibility as to the completeness, accuracy, or timeliness of any Content (including any features, specifications, rates, fees, and availability). We may, in our sole discretion, honor reservations or information affected by any errors, inaccuracies, or omissions in connection with the Content. We may make changes, corrections, cancellations, or improvements to the Content, at any time, including after confirmation of a reservation.
You may have the ability to purchase or otherwise obtain certain products, services, and related promotions and discounts (collectively, “Products”) through our Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your name, your credit card number and its expiration date, your billing address, and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
We may, in our sole discretion and without prior notice, (i) limit the available quantity of or discontinue making available any Product; (ii) impose conditions on the honoring of any discount or similar promotion; (iii) bar any user from making any Transaction; and (iv) refuse to provide any user with any Product. Cancellations, refunds, and exchanges are subject to our applicable cancellation, refund, and exchange policies. You will pay all charges incurred by you or on your behalf through our Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.
We are not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with our Services. We are not responsible for any incorrect information associated with any Transaction on or to our Services regardless of whether such incident is the result of user error, system error, or human error.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR SERVICES OR ANY LINKS ASSOCIATED WITH OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS, OR DAMAGE TO YOUR COMPUTER, MOBILE PHONE, OR OTHER DEVICE, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF OUR SERVICES OR ANY LINKS ASSOCIATED WITH OUR SERVICES.
THIRD PARTY LINKS, PRODUCTS AND SERVICES
ELECTRONIC COMMUNICATIONS WITH US
When you visit our Services or send email or other electronic messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by other communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
AUTHORIZATION TO CONTACT YOU
You authorize us and our affiliates, agents, representatives, and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any lawful means of communication, including calls or text messages using an automatic telephone dialing system or prerecorded messages, even if you incur charges for receiving such communications.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are solely responsible for obtaining and maintaining all telephone, computer hardware, Internet access services, and other equipment or services needed to access and use our Services, and for all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of our Services.
Our Services are controlled, operated, and administered from our offices within the State of Florida, United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access our Services from a location outside the United States of America, you are responsible for compliance with all local laws. You will not use our Services or any content obtained from our Services in a manner prohibited by any applicable state, federal, or local laws, restrictions, or regulations.
Our policy is to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, including responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We will, in appropriate circumstances, disable, or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S.
Attention: Privacy Officer
One South County Road
Palm Beach, FL 33480
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the Complaining Party may be contacted
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- We will remove or disable access to the material that is alleged to be infringing
- We will forward the Notification to the alleged infringer (“Subscriber”)
- We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
- A physical or electronic signature of the Subscriber
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located (or Palm Beach County, Florida if the Subscriber’s address is outside of the United States), and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
- We will promptly provide the Complaining Party with a copy of the Counter Notification
- We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within 10 business days
- We will replace the removed material or cease disabling access to the removed material not less than 10 business days, nor more than 14 business days, following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system
DISCLAIMER OF WARRANTIES
Your use of our Services and all products and services included on or associated with our Services is at your sole risk. It is your sole responsibility to independently evaluate our Services and the content, services, and products associated with our Services. Our Services and all content, services, and products associated with our Services are provided to you on an “AS-IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, or guarantee, as to the operation of our Services and the information, content, materials, products, or services included on or associated with our Services, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity, or fitness for a particular purpose.
Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that the content that may be available for downloading from our Services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, device, data, programs, or other equipment or material due to your use of the Services or items obtained through the Services or to your downloading of any material posted on the Services or any links to the Services.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
LIMITATIONS OF LIABILITY
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute, or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel, or other tribunal, then the statute of limitations for the State of Florida, including Florida Statutes Section 95, will apply to any such action, claim, dispute, or proceeding referred to final or binding arbitration.
YOUR INDEMNIFICATION OF THE BREAKERS
For purposes of this “Our Remedies” section, any action or proceeding with regard to an injunction will be brought exclusively in the state courts of record for Palm Beach County, Florida, or the United States District Court, Southern District of Florida, West Palm Beach Division. You consent to the jurisdiction of such court and waive any objection to the laying of venue for such action or proceeding in such court. Service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
AGREEMENT TO ARBITRATE
You and The Breakers will select the arbitrator, and if you and The Breakers are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors, and assigns, and may only be entered in the state courts of record for Palm Beach County, Florida or the United States District Court, Southern District of Florida, West Palm Beach Division.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING OUR SERVICES, YOU CONSENT TO THESE RESTRICTIONS.
JUDICIAL FORUM FOR LEGAL DISPUTES
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and The Breakers will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes. You also agree that our Services will be deemed solely based in the State of Florida and will not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
INTERPRETATION AND GENERAL PROVISIONS
We will not be liable for any changes, delays, failures, or problems out of our control, including any changes, delays, failures, or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor, or materials, and other similar events.
HOW TO CONTACT US
Attention: Privacy Officer
One South County Road
Palm Beach, FL 33480