TERMS & CONDITIONS
READ BEFORE USING. This is a binding legal agreement. THE NOWHERE BAR reserves the right to change it at any time without notice, and such changes will become effective immediately; hence we recommend that you read it periodically. By using, viewing, transmitting, storing, receiving, and/or otherwise utilizing this website and/or its contents in any way, you have agreed to each and all of the Terms and Conditions listed below and all other policies or terms provided in this WEBSITE. If you do not agree to these Terms and Conditions, click here to leave this WEBSITE, do not use this WEBSITE. Please print and retain a copy of this agreement. All the technical expressions used in these Terms and Conditions that are not expressly defined herein shall be construed in line with their use on the Internet, on the World Wide Web, and in the telecommunications industry.
GENERAL
The headings and subheadings contained in these Terms and Conditions are exclusively for the user’s convenience and have no legal or contractual effect. Accessing the THENOWHEREBAR.COM website and/or the contents thereof might be illegal for certain persons or in certain countries. Users accessing the THENOWHEREBAR.COM WEBSITE do so at their own risk and are responsible for complying with the jurisdiction's laws. THE NOWHERE BAR's failure to exercise its rights or its delay in doing so shall not be construed as a waiver by THE NOWHERE BAR of its right to exercise or enforce the legal actions or remedies that might correspond to any actual or future right. The partial exercise on behalf of THE NOWHERE BAR of any right, action, or remedy under these Terms and Conditions shall not prevent the subsequent full exercise thereof. On one occasion, the tolerance of any breach of these Terms and Conditions on behalf of THE NOWHERE BAR shall not constitute or imply a tolerance of a subsequent breach.
THE NOWHERE BAR is a trademark, logotype, and registered trade name describing all its subsidiaries and related companies or entities involved in the business worldwide. THE NOWHERE BAR considers its compilation of links to Internet resources, the description of those resources, and the information contained within the THE NOWHERE BAR WEBSITE (“WEBSITE” or “THENOWHEREBAR.COM website”) to be copyrighted material. You are not authorized to copy, reproduce physically or logically, or modify any portion of THE NOWHERE BAR WEBSITE without the prior written authorization of THE NOWHERE BAR. The name of THE NOWHERE BAR and its Trademarks, patents, and copyright material may not be used in advertising or publicity without NOWHERE BAR's specific written permission.
THE NOWHERE BAR reserves the right to bring any civil, criminal, or administrative action or any other action arising from the improper or unauthorized use of this WEBSITE, including for infringement of its trademarks.
OWNERSHIP AND RESTRICTIONS ON USE
This WEBSITE is owned and operated by THE NOWHERE BAR, its subsidiaries, and related companies or entities. All materials contained in this WEBSITE are the copyrighted property of THE NOWHERE BAR. No material from the THENOWHEREBAR.COM website or any WEBSITE owned, operated, licensed, or controlled by THE NOWHERE BAR may be copied, reproduced either physically or logically, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials from this web site onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of THE NOWHERE BAR copyright and other proprietary rights, provided that any offer or fee announced in such saved file shall not be considered as an offer or fee by THE NOWHERE BAR, since such offers or fees may vary from time to time. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited.
THE NOWHERE BAR owns all rights, titles, and interests in and to all Trademarks on this WEBSITE. To the extent this WEBSITE provides interactive capabilities that allow you to submit information or data on the WEBSITE, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the THENOWHEREBAR.COM website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. By uploading or submitting any lawful materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and create derivative works from and distribute such materials or incorporate such materials in any manner.
LIABILITY DISCLAIMER
You agree that your use of this WEBSITE is at your sole risk. The materials in this WEBSITE are provided “as is” and without warranties, either express or implied. To the extent permissible according to applicable law, THE NOWHERE BAR disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
THE NOWHERE BAR does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this WEBSITE or the server that makes it available is free of viruses or other harmful components. THE NOWHERE BAR does not warrant or make any representations regarding the use or results of the materials in this WEBSITE in terms of their correctness, accuracy, reliability, or otherwise. You (and not THE NOWHERE BAR) 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of using this WEBSITE, you warrant to THE NOWHERE BAR that you will not use this WEBSITE for any unlawful or prohibited purpose by these terms, conditions, and notices. In case you submit any unlawful, prohibited, or offensive material or content to the WEBSITE, any liability or damages arising from such action shall be your sole responsibility.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence shall THE NOWHERE BAR be liable for any direct, indirect, punitive, special, or consequential damages or objective civil liability (responsabilidad civil objetiva) or any personal damage (daño moral) that result from the use of, or the inability to use, the materials and contents in this WEBSITE, even if THE NOWHERE BAR an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall THE NOWHERE BAR total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this WEBSITE.
IDEA SUBMISSION
THE NOWHERE BAR's policy does not accept unsolicited ideas about marketing, advertising, or products. Please do not submit any material or ideas to the WEBSITE, email, or social media, including creative material of any kind. In case you send any material or content to the WEBSITE, any liability or damages arising from such action shall be your sole responsibility.
CURRENCY CONVERSION
Currency rates are based on publicly available sources and should be used as guidelines only. Rates are guaranteed only in US Dollars. Currency quotes are not updated every day. The currency information supplied by this WEB SITE is believed to be accurate, but THE NOWHERE BAR does not warrant or guarantee such accuracy.
LINKS TO THIRD-PARTY SITES
Links to other sites we think may interest you are provided solely for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them. We are not responsible for the materials and content related to or from any other site.
USER RIGHTS
Users have the following rights:
CONFIDENTIALITY: THE NOWHERE BAR shall not provide the user’s information to any third party outside of any transaction that the user carries on in this WEBSITE, subject to the provisions outlined in the PRIVACY POLICY section herein.
AGE: Minors are not permitted to use this WEBSITE. By using this WEBSITE, you acknowledge and agree that you are an adult in the jurisdiction of your location. Parents, guardians, or any adult responsible for overlooking a minor's acts will be held liable for any of such minor’s acts resulting in any damage or loss caused by the use of this WEBSITE to THE NOWHERE BAR or any Third Party.
SECURITY: THE NOWHERE BAR makes its best effort to provide administrative, technical, and physical security for the WEB SITE according to section 19 of the Federal Act for Protection of Personal Data in Possession of Private Entities (Ley Federal de Proteccion de Datos Personales en Poder de Particulares). However, THE NOWHERE BAR is not responsible for any breach of security that affects or may affect the user of the WEBSITE in any manner. You enter the website at your own risk.
INQUIRIES: Any term or condition provided herein or any offer, notice, fee, or price may be clarified and explained to the user at the phone number and address provided below.
OPTIONS: Users are entitled to choose the quantity and quality of the products and services THE NOWHERE BAR provides. However, the products and services of THE NOWHERE BAR are provided “as is”; therefore, such products and services are subject to quantity or quality availability and business capacity, including but not limited to hotel capacity and traveling season’s fees.
By supplying your cell phone number, you agree to receive SMS and MMS messages on your mobile phone, including messages regarding services and promotions. Third parties who provide services such as text messaging SMS, or MMS delivery on our behalf may also access your personal information to provide those services. These third parties will be contractually bound to treat your information following our applicable privacy policies. You may choose to opt out of receiving SMS and MMS messages from us at any time by responding to the SMS or MMS message with the word “STOP.”
MODIFICATION OF TERMS
THE NOWHERE BAR reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Entering the THENOWHEREBAR.COM website means you accept those changes.
TERMINATION
These terms are effective until terminated by THE NOWHERE BAR for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this WEBSITE and any and all other THE NOWHERE BAR Web Site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
JURISDICTION
This WEBSITE is controlled and operated by THE NOWHERE BAR from its offices within the State of Baja California Sur, Mexico. THE NOWHERE BAR makes no representation that materials on this WEBSITE are appropriate or available for use in other locations. These Terms and Conditions shall be governed by and construed by the laws of the State of Baja California Sur, Mexico, without giving effect to any principles or legislation of conflicts of law. You accept this by using this WEBSITE.
Any disputes arising from or related to this WEBSITE shall be governed by, construed, and enforced in the courts in the City of Cabo San Lucas, State of Baja California Sur, Mexico. Hence, you expressly waive any other jurisdiction or forum to which you might be entitled for any reason. If any provision of this document of Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
OTHER IMPORTANT TERMS
Any notices we send to you will be sent to the most recent e-mail address.
If we do not enforce any provision of these terms, this will not be considered a waiver of any provision or right. If we delay enforcing these terms, we can still enforce them later.
We may transfer our rights and obligations under these terms to another organization. You are not permitted to transfer, sub-license, or deal in the past without our prior written permission.
Neither you nor we intend that these terms will be enforceable by any other person.
We will not be liable for any loss or damage caused by a denial of service attack, virus, or other technologically harmful material that may affect your mobile phone, computer equipment, hardware, computer programs, data, or other proprietary material due to your use of our websites, or to the downloading of any material posted on our websites, or linked to them.
You may not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs, and/or other malicious or technologically harmful material. You must not attempt to gain unauthorized access to our websites, any server on which they are stored, or any server, computer, or database connected to them. You must not attack our websites via a denial or distributed denial of service attack. We will report any breach of this provision to the relevant law enforcement authorities, and we will cooperate with them by disclosing your identity to them.
This document of Terms and Conditions is the entire agreement between the parties. For inquiries regarding this document of Notification of Terms and Conditions, contact:
NOWHERE BAR