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Terms of Use

Please read this Terms of Use (“Agreement”) carefully before using this web site as it contains terms and conditions that apply to all users of the site. By using this web site, you are acknowledging that you have read all terms and conditions of this agreement and that you agree to be bound by them just as if you had signed this agreement. If you do not wish to be bound by this agreement, please do not use any of the services or products available at this web site.

Definitions Applying to this Agreement: “You,” the “user,” or “users” includes you, your parent(s), affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs. “Diamond H” and “Owner” means Diamond H River Resort, L.L.C. and includes its members, agents and any affiliated companies it may have. “Site” means the Internet web site known by the universal resource locators (“URLs”) and domain names: http://www.diamondhbandb.com, and all pages, sections, areas and parts of it and “Information” (as defined below) displayed, presented or found at or through it. “Information” means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through the Site, regardless of whether Diamond H or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term “Information” also includes “Trademarks” (as defined herein). “Documents” means materials and documents of third parties submitted by Diamond H and published or found at or through the Site. “Information” (as defined herein) also includes “Documents.”

Ownership of the Site & Information: This Site is owned and operated by Diamond H. The “Information” found at the Site, whether provided by Diamond H independently or in conjunction with third parties. The Information is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at the Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the fifty states, as well as of the federal government of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other law. All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not (“Trademarks”) found at the Site or in the Information are owned by Diamond H or others, and are protected by such law, including those specifically addressing rights of trademark owners. In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate the Site and are used to make Information available at the Site also belong to Diamond H and, in some cases third-party providers, and also represent the proprietary property of Diamond H or its third-party providers.

No Rights to Diamond H or Third-Party Provider Property: Neither Diamond H nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information found at the Site or accessed or used through it, including without limitation the Trademarks, or any other Information or asset belonging to Diamond H or a third-party provider..

Limited Rights to Use the Site: On the condition that you agree that your use is governed by the terms and conditions of this Agreement, Diamond H hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Information found at the Site at the Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer and make one printed copy of the Information found on the pages of this Site; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at the Site in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you 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. No rights are granted to you except those expressly stated here.

Registration/Passwords/Site Security: If, at any time, Diamond H requires registration in order to access or use any areas or Information at this Site, you agree to: (a) provide true, complete, accurate and current data, as requested in the registration process (the “Registration Data”); (b) maintain and update the Registration Data promptly as required herein; (c) prevent unauthorized access or use by you or others by use your user identification number and/or passwords; (d) report any unauthorized use or disclosure of your password or other breach of Site security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Diamond H reserves the right to suspend, and/or to refuse any further, access or use of the Site or Information, if Diamond H learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use your password who is not authorized to do so.

Monitoring: You acknowledge and agree that Diamond H 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 Diamond H’s Privacy Policy. Diamond H, in its sole discretion at any time and without further notice to you, may: (1) review, censor, prohibit the transmission or receipt of, or refuse to post and/or remove any information or materials, in whole or in part, which Diamond H, in its sole discretion, deems to be inappropriate or objectionable (such as the prohibited information described in the Section above entitled “Restrictions, Limitations and Conditions of Use”) or as violating any term or condition of this Agreement; and/or (2) disclose any information Diamond H deems necessary or desirable to satisfy any law, regulation or governmental request. Your use of the Site constitutes your consent to such monitoring and use and handling of information in conjunction with monitoring as is described herein.

Restrictions, Limitations and Conditions Applicable to Your Use of this Site: As a condition of your rights to access or use this Site, you warrant and represent to Diamond H that you will not use this Site for any purpose that is unlawful or prohibited by the terms of this Agreement. As a condition of your access and right to use this Site and Information, you agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Diamond H, in its sole and absolute discretion, shall determine:

  • Copy, reproduce, republish, upload, post, transmit, store, resell, rent, lease, grant a security interest or transfer a right in, sublicense, distribute, redistribute, broadcast, transfer, , adapt, modify, translate, create derivative works from, time-share, de-compile, reverse-engineer, reverse-compile, export any information or technology from, or allow any access to or use of except as expressly authorized in this Agreement – the Site, or of any part thereof;
  • Restrict or inhibit any authorized users from accessing or using the Site, Information or Documents;
  • Transmit to or introduce at the Site any viruses or harmful software, program, code, utility, material, routine or material or thing intended to damage, interfere with, disrupt, intercept or expropriate the Site, the Information at the Site or any other system, program, network, web site, data, information, or activities associated with those items (“Viruses”), or otherwise implement or engage in on-line activities, attacks or actions in a manner that involves, or with a purpose of creating, a disruptive, surreptitious, detrimental or other harmful effect, including without limitation, by excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or by means of hacking, or denial of service events (“System Attacks”);
  • Use the Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against Diamond H, you, or any third party.
  • Use the Site, the Information, or the Documents for any unlawful or illegal purposes or post, submit, upload, e-mail or otherwise transmit any information, documents, materials or communications at, to or through the Site that would constitute a violation of, or engage in or encourage conduct that violates any law, regulation or legal requirement or any local, state, national or international governmental entity.

Responsibility and Liability for Use: You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith (“Damages”) resulting from use or any misuse of the Site, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages.

Notice Regarding Links to Other Web Sites and Third-Party Documents and Information; Disclaimer by Diamond H:

Linked Sites: This Site may contain links to other web sites or to web pages or documents hosted on other web sites not under the Owner’s control (“Linked Sites”). None of the links create or constitute, nor are they intended to create or constitute, any legal affiliation or relationship between Diamond H and any other person, company or entity which owns or operates a Linked Site, or any liability or responsibility on the part of Diamond H for such third parties, all of which Diamond H  hereby disclaims. The Linked Sites are provided for your convenience and information only and Diamond H does not own or control the Linked Sites and is not the author or owner of any third-party Documents or other Information. Accordingly, Diamond H cannot represent or guarantee that the Linked Sites will be accessible or operational. Diamond H does not endorse nor is it responsible for any Information or related materials fond at any such Linked Sites or any links contained within such Linked Sites, whether or not affiliated with the owners of such Linked Sites. ,. Unless you obtain prior authorization under a written agreement with Diamond H, you may not create or establish any link between your own web site and that or a third party site and the Site. You may, however, create a link from your personal computer or web site to the Site home page for your personal use. Your link may not, however, use any Trademarks or Information of Diamond H or any third-party providers

Responsibility of Third Parties and the User: You are hereby advised and you acknowledge that the Information and Documents provided at the Site or a Linked Site are the sole responsibility of the owners or officers and their agents, representatives or brokers, and Diamond H is not responsible for any Documents, Information, services, content or other statements or representations of third parties that Diamond H provides or makes available to you at or through this Site.

Disclaimers and Limitations of Liability: The following disclaimers and limitations of liability are made on behalf of Diamond H and its third-party providers:
Disclaimer of Warranties: All information and other materials, products, services and features on this Site are provided “as-is” and without warranties of any kind, either express or implied., or arising by statute or law or arising by virtue of custom of trade or course of dealing, including without limitation, any implied warranty of fitness for a particular purpose or application or warranty of merchantability, title or non-infringement, all of which Diamond H hereby disclaims.
Diamond H shall have no responsibility to provide you with access to the Site or any linked site, or any Documents, Information, products, services, tools or features offered, accessed or used at or through the Site or any of the linked sites. Further, Diamond H shall not be responsible or liable for the timeliness or correct sequencing of, or any damages due to the unavailability during any period of interruption or delay in service of, any of the foregoing, regardless of the cause (whether equipment, software, system, utility or data-line interruption or failure).
Limitations of Liability:  In no event shall Diamond H, its owners, members or agents or affiliated entities, nor any of their respective officers, directors, employees or agents, nor any person or entity involved in the creation, production and distribution of this Site, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages whether arising under contract, warranty, or tort (including negligence) or any other theory of liability. You hereby acknowledge and agree THAT DIAMOND H IS not responsible for any access or use by you of the Site or Information found or products, services or other items purchased or acquired at or through the Site or through any linked site or third party whose Documents or Information are found at the Site, or for any damages caused by the same.
General Disclaimer of Damages: Diamond H d has no responsibility or liability to you or anyone else for any damages that may result from or in connection with access or use of the site or Information at the Site or products, services or other items purchased or licensed at or through the Site, including without limitation, actual or direct damages or incidental, consequential, special or punitive damages of any kind, regardless of the legal theory upon which they are based. Diamond H hereby disclaims all such damages.
Indemnification from the User: You shall release, indemnify, defend and hold the Diamond H parties and its third-party providers harmless from and against all damages due to claims arising from or related to your access or use of this Site, and/or any Documents or Information obtained at or offered on the Site.

Access to 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. Diamond H reserves the right to refuse assistance to or to charge additional fees if you seek assistance from Diamond H regarding use of your system or equipment or basic background computer or Internet-use information or any other matters not directly related to the operation of the Site.

Privacy Policy: You hereby acknowledge having read and accept and agree to all terms and conditions of Diamond H’s Privacy Policy, also found at the Site, which are hereby incorporated in this Agreement. Personally identifying data that you provide to Diamond H and submit at the Site will be collected, used and shared by Diamond H in accordance with its Privacy Policy.

Termination: Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of Diamond Hs sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which Diamond H may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Diamond H.

Governing Law and Jurisdiction: If Diamond H brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of the Agreement (a “Claim”), Diamond H shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, all reasonable and necessary attorney’s fees and any costs of litigation. This Agreement shall be governed by the laws of the state of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any Claim arising from or relating to your access and use of the Site contemplated by this Agreement must be instituted within two (2) years from the date upon which such Claim arose or accrued. Further, any such Claim may only be brought in the state or federal courts located in San Antonio, Bexar County, Texas. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless to do so would materially alter the benefits and burdens for which the parties hereto have bargained.

  • Entire Agreement; Changes to this Agreement:  This Agreement constitutes the complete and exclusive agreement between you and Diamond H regarding this Site and its use and supersede all other agreements, understandings and communications. Diamond H retains the right to modify the terms and conditions of this Agreement at anytime without notice or warning.  You are bound by any and all modifications Diamond H makes to these terms and, therefore, you should periodically revisit these terms and review each one to ensure that you comply with all modifications.

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”), Diamond H reserves the right, but not the obligation, to terminate your license to use this Site if Diamond H determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.  Diamond H 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, Diamond H  has implemented procedures for receiving written notification of claimed infringements and for processing such Claims in accordance with the Act.