It is part of the KSL Resort's Mission Statement to strive to create "Customers for Life." One of the ways that we work towards this goal is by respecting your privacy as you explore our website (the "Site"). This Privacy Statement applies to information collected by Hotel del Coronado("The Del") whether online through HotelDel.com, in person when you provide information to our resort, or from third parties to whom you have provided information. The purpose of this Privacy Statement is to inform you about the types of information we gather about you when you visit the Site or our resort, information we may receive from third parties or affiliates, how we may use that information, whether we disclose that information to anyone and the choices you have regarding of our use, and your ability to correct, the information.
This policy does not apply to other websites which are linked to the Site. Please also be aware that our promotional partners, advertisers, sponsors, tenants and concessionaires accessible through the Site or at our resort and websites owned or controlled by independent third party owners of hotel, resort, or residence properties that may have the ability to book reservations through The Del, or websites not controlled or authorized by The Del may have their own privacy and data collection policies and practices. We are not responsible for any actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing personally identifiable information to them.
How We Collect and Use Information :
We collect information in several ways by your use of the Site or your interaction with us at our resort. When you log onto the Site, our servers log your IP address, the URL of your request and other information that is provided in the HTTP header. When you conduct searches on the Site, we may log the search terms that you use. The Del collects this information in order to provide information about our products and services that will meet the expectations of our guests.
"Cookies" are small files that are stored on your machine and may be used to store your personal information. For example, we use "cookies" to (i) customize content specific to your interests, (ii) ensure that you do not see the same advertisement repeatedly and (iii) store your password so you do not have to re-enter it each time you use the Site.
A "pixel tag" is a clear (transparent) image placed on a web page to collect information about the page view. The Del uses pixel tags to aggregate web traffic information, such as the number of unique visitors, the top paths through the site, entry pages and exit pages. The Del does not use pixel tags to collect any personal information such as your name, age, phone number, address or e-mail address from visitors and we do not maintain a database of individual browsing profiles.
The Del may collect information about you so that we can provide an experience that is responsive to our guests' and visitors' needs. We may collect information as part of: (i) fulfilling reservation or information requests, (ii) purchasing products or services, (iii) registering for program membership, (iv) engaging in various activities at our resorts, (iv) submitting a job application, or (v) responding to communications from us (e.g., surveys, promotional offers, contests or sweepstakes, or reservation confirmations). We endeavor to collect information only with your knowledge or (based upon this privacy statement) your expectation and with your permission if necessary.
The types of personally identifiable information we collect may include your name, email addresses, telephone and fax numbers, credit card information, date of birth, gender, and lifestyle information such as room preferences, leisure activities, names and ages of children, and other information either desirable to provide quality services to our guests and visitors or necessary to fulfill special requests (e.g., health conditions that require special room accommodations). We may also collect information about you, such as your use of the Site, travel habits, communication preferences, and aggregated data relative to your stays.
We will use the information we collect from you to fulfill reservations that you have made with us and to provide goods or services which you have requested or purchased from us. We may also use your personal information to send you a pre-arrival message summarizing your confirmation details and providing other information about the area and the hotel, notify you about news, special offers and promotions, and send you copies of your hotel bills when you request them. The Del may also use third party service providers to send and distribute e-mail and to perform other marketing and product support functions. You can opt-out of receiving e-mails from The Del at any time by selecting the opt-out link included in the e-mail.
Sharing Personal Information Collected on our Websites
We may share your personal information among KSL Resorts' affiliates, owners and operators of our managed hotels, and KSL Capital Partners, LLC and it's affiliated companies. We may also share information with select third parties who offer goods or services we think may be of interest to you. From time to time we may partner with other companies to provide co-sponsored or co-branded promotions, products and services and may share your information with our co-sponsor. For example, we may co-sponsor some sweepstakes or contests on our site with other companies or we may provide prizes for sweepstakes and contests sponsored by other companies. If you enter one of these sweepstakes or contests, we may share your personal information with our co-sponsor or the third-party sponsor. When you use a credit card to purchase goods or services, we may share your information with the credit card company and other companies involved in the authorization process. Use of shared information is subject to third parties' policies.
We rely on service providers to help us deliver products and services, such as offering products and services, providing services in connection with our websites including airline and rental car packages, communicating news and delivering promotional materials via email and direct mail, processing credit card transactions, and administering sweepstakes and surveys.
During the course of our business we may also share aggregated demographic and statistical information that is not personally identifiable.
The Del may also disclose an individual's personal information to:
* a person who in the reasonable judgment of The Del is seeking the information as an agent of the individual.
* a company or individual employed by The Del to perform functions on its behalf, such as but not limited to research or data processing.
* another company or individual for the development, enhancement, marketing or provision of any of The Del's products and services.
* an agent used by The Del to evaluate the individual's creditworthiness or to collect the individual's account.
* a credit reporting agency.
* in situations where sharing or disclosing your information is required in order to offer you products or services you desire (e.g., a vacation package).
* a public authority or agent of a public authority, if in the reasonable judgment of The Del, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
* another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or re-organization.
* a third party or parties, where the individual consents to such disclosure or disclosure is required or permitted by law.
How we Store Your Information
The Del is committed to protecting the security of any personal information you provide. For these reasons, certain financial information, such as credit card data, will generally be transferred over a Secured Socket Layer (SSL) connection (provided that it is supported or enabled on your browser). In spite of these protections, any information submitted over the Internet could be intercepted or otherwise corrupted during transmission. As such, The Del cannot guarantee the security of any data submitted over the Internet. After your information reaches The Del, however, it is stored on servers (or in the case of information received from you in person or over the phone in storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. The servers are under the control of The Del at all times but may be hosted, managed or otherwise maintained by third party service providers. These third party service providers have no right to use or access this data other than at the direct request (or on behalf of) of The Del.
Accessing Your Information
You may access and change certain information that you submitted during registration (if you have registered at the Site) at any time by providing your username and password. Fields that may be changed include: name, address, company name, e-mail address, and your password. Please keep your password in a safe place and do not provide this information to anyone. We strongly encourage you to check the accuracy of your data regularly as The Del will use your e-mail and home address to communicate with you regarding products or services that you have requested. The Del will not be liable for any problems or difficulties that arise as a result of your failure to keep your information up to date.
Third Party Links
The Site may list or link to third party products or services. The Del does not have any control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. For these reasons, The Del and its affiliates cannot ensure that a buyer or supplier will actually complete a transaction. The Del will not be a party to any transactions between you and such third parties and any correspondence concerning such transactions should be conducted between you and the third party.
The Del does not seek to obtain nor does it wish to receive personally identifiable information directly from minors; however, we cannot always determine the age of persons who access and use our websites. If a minor (as defined by applicable law) provides us with his/her data without parental or guardian consent, we encourage the parent or guardian to contact us to have this information removed and to unsubscribe the minor from future Del marketing communications.
If you would like to update your information, modify your communication preferences, or if you do not want to receive marketing communications from The Del in the future, you can contact us:
by e-mail: firstname.lastname@example.org
by writing to us at:
50-905 Avenida Bermudas
La Quinta, CA 92253
Special Notification for California Residents
Individual customers who reside in California and have provided their personal information to The Del may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at one of the following addresses: email@example.com or KSL Resorts, Attn: California Privacy Request, 50-905 Avenida Bermudas, La Quinta, CA 92253. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
The Del may amend this Privacy Statement from time to time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our guests, properties, strategic marketing partners, and service providers. Updated versions will be posted to our website and date stamped so that you are always aware of when the Privacy Statement was last updated.
© 2013 KSL Resorts. All Rights Reserved
The Hotel Del website (the "Site") is owned and/or operated by KSL Resorts and its affiliates.
Additionally, the Site may itself contain different terms, conditions or service, including without limitation, features offering promotions or contests. If there are other terms, provisions or conditions which conflict with the terms and conditions set forth herein, then the terms and conditions of this Agreement shall control unless the agreement including such conflicting terms or provisions is executed by Hotel del Coronado (The Del) and specifically refers to these terms. While these terms describe the information and content that may be collected by The Del and through the Site, the specific policies governing the transmission, storage and use of such information is provided in The Del Privacy Statement.
1. Access to the Site. Hotel Del is providing you with the capability to use the Site. You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use the Site through the Internet.
2. Eligibility for Use. The Site is available only to individuals who can form legally binding contracts under applicable law. As a condition to your use of the Site, you represent that you or the entity you are representing can form legally binding contracts under the laws of your country, state and/or locality. If you are a minor or not capable of entering into a legal contract, please exit the Site immediately. The Del or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the Site to anyone at any time, in The Del's sole discretion.
3. Your Information/Passwords. To facilitate your use of the Site, you may be able to use user identification, passwords or similar codes to allow you access to restricted areas of the Site. You are responsible for the security of your accounts and for any financial transaction which you enter into. In consideration of your use of the Site, you agree to (i) provide true, accurate, current and complete information about yourself as prompted; (ii) to maintain and update such information promptly; (iii) prevent unauthorized access or use by you or others using your user identification and/or password; (iv) report any unauthorized use or disclosure of your password or other breach of security of the Site; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. If you provide, or if The Del has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or you misuse or permit another to use your password who is not authorized to do so, then The Del has the right to refuse any and all current or future use by you of the Site (or any portion thereof).
4. Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. The Del does not endorse or represent the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on the Site.
5. Links to Third-Party Websites. Although we hope that you will find the material on the Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by The Del of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website which may be accessed by a link from the Site, including any representations or warranties as to accuracy or completeness. Because The Del has no control over third-party websites and resources, you acknowledge and agree that Hotel Del is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that The Del shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, goods or services available on or through any such site or resource.
6. Restrictions on Use. The Site is available for you to make purchases and reservations for certain goods and services presented. On the condition that you agree that your use is governed by the terms and conditions of this Agreement , The Del hereby grants to you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the information and services found at the Site for the limited purposes expressly permitted in this Agreement. You may view, display and make one printed copy of the information found on the pages of the Site, provided, however that you (i) do so only for the purposes of receiving, accessing, analyzing and using the information made available at the Site in accordance with the terms and conditions of this Agreement, for you personal, non-commercial use only; and (ii) do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. Information may not be copied (except as provided in the preceding sentence), distributed, reproduced, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of The Del. The use of such information on any other website, Internet, extranet or other site or computer environment is strictly prohibited, without The Del's prior written permission. No rights are granted to you except those expressly stated here.
You may only use the Site to make legitimate reservations or purchases and shall not use the Site to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand. You further agree that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
You agree that you will not use the Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any website controlled by you or otherwise, to The Site without the express written permission of The Del.
You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of The Del or any third party that provides services related to the Site.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain The Del's prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site.
You agree that you will not provide to The Del and/or to the Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for The Del or cause The Del to lose (in whole or in part) the services of our suppliers.
7. Contest Rules. All contests sponsored on the Site are designed to conform with applicable local, state, and/or federal laws and will be subject to any additional terms or conditions that are provided at the time that you enter such contest. When you enter a promotion, sweepstakes, or contest hosted by the Site or sponsored by The Del and/or our affiliates, we ask for your name, address, and email address. You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate. We may contact you in connection with a particular promotion, such as a sweepstakes or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes.
8. Information Sharing and Disclosure Practices. Promotions that are hosted on the Site may be sponsored by The Del, may be co-sponsored by The Del and another company, or may be sponsored by companies other than The Del. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form in accordance with The Del Privacy Statement. When you participate in a Del-sponsored or hosted promotion, you are subject to the Official Rules of that promotion. For a complete disclosure of our data collection and sharing practices, please click here
9. Products and Services. The Del provides certain goods and services. The following terms shall apply to each good/service respectively:
If you elect to make a room reservation through the Site and do not have an established user profile, you will need to furnish your name, telephone number, e-mail address, billing address and credit card type, number and expiration date, in addition to the dates of your stay, the number of rooms you will require and the number of adults and children in your party. In order to permit us to serve you better, you may also submit information that may relate to discounts, membership rewards, or other special considerations that may impact the price or availability of the rooms being offered. The Del will accept such request by sending an email confirming your reservation, including check in and check out dates. The Del will reserve a deposit on your credit card equal to the cost of two days' stay (or one day in the case of a single night reservation). Your credit card will not be charged for such deposit in the event that you notify The Del (either by phone or through the Site) of your intent to cancel at least 7 days in advance of such reservation. Thereafter, The Del will charge the full amount of such deposit to the credit card provided. For additional information concerning availability of The Del, CLICK HERE.
KSL Resorts offers a number of opportunities to host groups and meetings or conventions of all types. Meeting Planners that are interested in receiving information concerning rates and availability at a particular KSL Resorts property can do so by completing an online request with your e-mail address. A KSL Resorts representative will contact you shortly. You may also call KSL Resorts' national sales office for more information. For additional information, CLICK HERE.
The Del may from time to time offer products that may be purchased on the Site. In such an event, you will need to furnish your name, telephone number, e-mail address, billing address and credit card type, number and expiration date as well as the address to which the product(s) will be shipped. The Del will confirm acceptance of your offer by sending you a notice to the e-mail address provided. This may also include the shipping or other tracking number provided by a third party shipping provider.
Third-Party Products or Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Del shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
10. Use of Interactive Areas. The Site may contain "Interactive Areas," including chat rooms, bulletin boards, or other message and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post, email, transmit, or otherwise make available any content that:
* Generates provisional reservations or reservations intended to create demand;
* Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* Encourages criminal activity;
* Is harmful to children or minors;
* Infringes another's rights to intellectual property, publicity, or privacy;
* Contains advertisements, promotions, or commercial solicitations;
* Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed on the US Commerce Department's Tables of Deny Orders;
* Contains information intended to assist in the placement of a bet or wager;
* Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
* Contains information that is untrue, inaccurate, not current or incomplete, or The Del has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
* Is provided with the intent to annoy, abuse, threaten, or harass any other person; or
* In the event that The Del has reason to believe that you have posted, emailed, transmitted or otherwise made available any of the restricted content described above, The Del reserves the unrestricted right to suspend or terminate your account and refuse any and all current or future uses of the Service (or any portion thereof). The Del and its affiliates also reserve the right to refuse service, terminate accounts, remove or edit content or cancel your pending orders in our sole and absolute discretion.
11. Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. The Del does not endorse or control the content, messages or information found in any Interactive Area and, therefore, The Del specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
The Del and its affiliates may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement. You acknowledge and agree that Site may preserve content you post and may also disclose content you post if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Del, the users of the Site or the public.
12. Limits on Liability. The Del will not be liable for: The contents of any communication, message, or information posted by you or other third parties;
The content of any website not controlled, owned, or operated by The Del that is accessed from or linked to the Site;
The content, services or information provided by any website purporting to be operated by The Del or its affiliates, but not actually affiliated with, controlled, owned, or operated by The Del;
Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use the Site, even if The Del has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of The Site, or with this Agreement, your sole and exclusive remedy is to discontinue using The Site.
13. Indemnification. You agree to indemnify and hold The Del, and its subsidiaries, affiliates, officers, directors, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.
14. Disclaimer of Warranties. The information, material, services, and products included on the Site may include inaccuracies or typographical errors. The Del may make changes or improvements to this site at any time.
THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. THE DEL AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY KSL WEBSITES LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DEL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE DEL AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. THE DEL AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event The Del and its affiliates are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity. The Del and its affiliates explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. The Del and its affiliates cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third-party content on the Site. The Del and its affiliates do not endorse any of the merchandise, nor have The Del and its affiliates taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content.
The Del and its affiliates do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against The Del and its affiliates with respect to such sites and third party content. The Del and its affiliates strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The Del and its affiliates are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
Further, The Del and its affiliates are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of The Del which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, The Del and its affiliates reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof.
You also agree that The Del and its affiliates are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or there from and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
Although The Del and its affiliates intend that product descriptions contained in the Site be current and accurate, The Del and its affiliates make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): THE DEL AND ITS AFFILIATES MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR THE KSL RESORTS AND ITS AFFILIATES SITE LINKED TO THE SITE. THE DEL AND ITS AFFILIATES WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US THE DEL AND ITS AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE DEL AND ITS AFFILIATES RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER THE DEL AND ITS AFFILIATES NOR ANY OF THE KSL RESORTS AND ITS AFFILIATES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE DEL, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT THE DEL IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
15. Linking. Unless you obtain prior authorization under a written agreement with The Del, you may not create or establish any link between your own website or that of a third-party website and the Site.
16. Monitoring. You acknowledge and agree that The Del has no obligation, but reserves the right, to monitor the Site and may do so from time to time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied, and used for authorized purposes in accordance with the terms of this Agreement and The Del Privacy Statement.
17. Jurisdiction. This Agreement shall be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Riverside County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The Site is owned and operated by The Del from the State of California, United States of America. The Del and its affiliates make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. Termination. In addition and without prejudice to any other legal or equitable remedies available to The Del, The Del may terminate this Agreement at any time and for any reason or no reason at its sole and absolute discretion.
19. Intellectual Property. The content included on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of The Del or its licensors or suppliers as are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or otherwise create a hyperlink to any such material for any purpose other than as specifically provided herein or otherwise approved by The Del in writing (or legitimate activities of a travel agent or travel professional). This includes, without limitation, any attempt to modify the appearance or otherwise obscuring content on the Site with any third party pop-up advertising or other commercial communications. More specifically, you are restricted from using any Del trademarks, trade names or other designations (including URLs) in connection with the creation, delivery or triggering of any unauthorized advertisements or promotions that may be construed as establishing an affiliation between The Del and such third party advertising and/or promotions. Any hyperlinks that link to any content on the Site other than the respective home pages of such sites is specifically restricted. This includes deep linking, framing, or other forms of connection that have not been approved by KSL.
20. Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), The Del reserves the right, but not the obligation, to terminate your right to use the Site if The Del determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Del accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, The Del has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of KSL Resorts to receive notification of claimed infringement is:
50-905 Avenida Bermudas
La Quinta, CA 92253
Attention Legal Department
Phone: (760) 564-8000
Facsimile: (760) 564-8090
The Del respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
21. Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
22. Severability. This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
23. Attorneys' Fees. If The Del takes any action to enforce this Agreement, The Del will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation (through appeal and including any attorneys' fees and costs incurred by The Del to collect fees and costs pursuant to this section), in addition to any other relief, at law or in equity, to which The Del may be entitled.
24. Modification. The Del may at any time modify this Agreement, and your continued use of the Site will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review this Agreement periodically, and your continued access, use and/or posting on the Site shall be deemed your acceptance of the changed Agreement.
25. Miscellaneous. This Agreement and The Del Privacy Statement constitute the entire agreement between the parties concerning your use of the Site, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 9, 10, 11, 12, 13, 14, 17, 22, 23 and 25 of this Agreement shall survive any termination or cancellation of this Agreement. The section headings in this Agreement are for convenience only and must not be given any legal import.
26. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions concerning the Site or its policies, please contact us via e-mail at firstname.lastname@example.org.