Terms and Conditions
PURA VIDA FITNESS AND SPA
By browsing and using this Internet web site at http://www.puravidaclub.com/, provided by Pura Vida Fitness and Spa, you agree to be bound by the User Terms and Conditions of Use set forth below. The viewer must exit this site immediately if he/she does not agree to the Terms and Conditions; or if he/she is not of a legal age to consume alcoholic beverages in the country of residence.
Changes to the Terms and Conditions
Pura Vida Fitness and Spa may, in its sole discretion, revise/change the Terms and Conditions at any time; it is the viewer’s responsibility to review the Terms and Conditions each time the site is accessed. Your continued use of the Site after such revisions are posted will constitute your agreement to such changes.
Modifications to the Site
Pura Vida Fitness and Spa reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Pura Vida Fitness and Spa may impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.
Site Age Limitation
Pura Vida Fitness and Spa and its delegated agent maintain this Site for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages.
Use of Materials
The materials within this Site are the sole property of Pura Vida Fitness and Spa; viewers may print or have printed by a third party any downloadable material contained. Provided that: (i) the material is strictly for non-commercial and personal use; (ii) no copyright, trademark or any proprietary notice is removed from materials; and (iii) the material is not changed or promoted in any manner (without permission of Pura Vida Fitness and Spa).
Copyrights, Trademarks and Other Proprietary Rights
By viewing this site, it is acknowledged that all content and materials available, including but not limited to: trademarks, designs, logos, names, text, images, flavor profiles, cityscapes, recipes and social network materials are the property of Pura Vida Fitness and Spa ; unless otherwise stated. Pura Vida Fitness and Spa and brand name the are protected under the intellectual property and other laws of the United States, Nevada and additional foreign countries under international treaties. Any trademark or other proprietary notice may not be removed.
The viewer is solely responsible for the content and context of any materials or information posted or submitted throughout. By entering, every viewer has officially warranted and agreed to, while browsing, none shall upload, post or transmit to or distribute or otherwise publish any materials which: (i) are unlawful, threatening, harassing or profane; (ii) restrict, inhibit or flagrantly offend any other viewer; (iii) constitute or encourage conduct that would constitute a criminal offense or civil liability; (iv) contain a virus or other harmful component; (v) contain advertising of any kind not approved by Pura Vida Fitness and Spa; or (vi) contain untrue or erroneous indications of origin or statements of fact. Pura Vida Fitness and Spa will fully cooperate with any law enforcement authorities or court order requesting or directing Pura Vida Fitness and Spa to disclose the identity of, help identify, or locate anyone transmitting any such content.
Communication to Site.
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Pura Vida Fitness and Spa. Pura Vida Fitness and Spa will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Pura Vida Fitness and Spa a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Pura Vida Fitness and Spa is free to use any ideas, concepts, know- how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Pura Vida Fitness and Spa need not provide any compensation or acknowledgment to you in exchange for any such use.
Pura Vida Fitness and Spa has the right, but not the obligation, to monitor, edit, disclose and refuse to post and print anything; statement, images, private or commercial at any time. Including bulletin boards, blog comments, e-mail and other forums. Notwithstanding this right, Pura Vida Fitness and Spa does not and cannot review all materials posted by users and Pura Vida Fitness and Spa assumes no responsibility or liability for any actions or content communicated henceforth between any viewers/users of the site. Upon notification, Pura Vida Fitness and Spa will investigate any allegations and pursue full applications of any/all local and federal agencies. However, Pura Vida Fitness and Spa is under no obligation to remove content transmitted by third parties and will assume no responsibility or liability arising from or relating to any such content, including but not limited to: errors, defamation, libel, slander, obscenity, pornography, profanity, threats or any erroneous statements herein made.
Disclaimer of Warranties
THE USE OF THIS SITE IS AT THE VIEWER'S SOLE RISK. THE INFORMATION CONTAINED ON THISE SITE IS PUBLISHED AS A CONVENIENCE TO SITE VISITORS FOR INFORMATION PURPOSES ONLY AND NO EXPRESS OR IMPLIED WARRANTIES ARE MADE. THIS SITE, LUDING ALL ITS CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURA VIDA FITNESS AND SP DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, COMPLETE, ACCURATE, TIMELY, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL NEITHER PURA VIDA FITNESS AND SPA NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, IDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA, FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT, ANY COMPUTER EQUIPMENT, SOFTWARE, OR OTHER PROPERTY, OR ANY OTHER BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, MATERIALS AND FUNCTIONS OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR DOWNLOADING OF ANY MATERIALS, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE OR ANY LINKED SITES. THEREOF WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE, OR ANY OTHER LEGAL THEORY, EVEN IF PURA VIDA FITNESS AND SPA HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PURA VIDA FITNESS AND SPA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED IN WARRANTY, CONTRACT OR TORT, LUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Outside United States
This Site is intended for use by U.S. residents of the legal drinking age. Pura Vida Fitness and Spa makes no claims that the content herein is appropriate or may be downloaded outside of the U.S. All who access from foreign countries, recognized or not, do so at their own risk and are responsible for compliance with the laws of the country or other territory of residence. A reference to a particular product or service does not suggest that Pura Vida Fitness and Spa has or intends to make such products available in any country of residence.
The entire entity of Pura Vida Fitness and Spa is indemnified; officers, directors, employees and agents, from and against all and any claims or demands made by any third party. All associated liabilities, damages, costs and expenses, including but not limited to legal costs, arising out of or relating to any browsing or use of the content herein shall be the violation of the user and Pura Vida Fitness and Spa shall be liable.
The Terms and Conditions shall be governed by and construed in accordance with the laws of Nevada, without regard to conflicts of law's provisions. Any interested parties must irrevocably consent to the jurisdiction of the appropriate courts located in the state of Nevada for any action arising from or relating to the Terms and Conditions or a viewer’s browsing or use.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Millennium to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and Pura Vida Fitness and Spa and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.
For questions or comments please contact firstname.lastname@example.org.
Pura Vida Fitness and Spa.
All rights reserved.