Terms

Terms of Service

By using our site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do not agree
to these terms, you should not use this site. The term “Thai West” or “Thai-West.com”
or “us” or “we” or “our” refers to Thai West Resorts the owner of the Web site.
The term “you” refers to the user or viewer of our Web Site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined
in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”).
This Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.

2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute a waiver
of any right in such information and materials. Some of the content on the site
is the copyrighted work of third parties.

3. Service Marks. “Thai-West.com” and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned on the
Site may be trademarks of their respective owners.

4. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in accordance with
this Agreement; (b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided that you maintain all
copyright and other policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.

5. Restrictions and Prohibitions on Use. Your license for access and use of
the Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and
prohibitions on use:

You may not (a) copy, print (except for the express limited purpose permitted
by Section 4 above), republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution mechanism;

(c) create compilations or derivative works of any Content and Materials from
the Site;
(d) use any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or property right
of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary notice
or terms of use contained in the Site;
(f) make any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in the
future;
(g) remove, decompile, disassemble or reverse engineer any Site software or
use any network monitoring or discovery software to determine the Site architecture;

(h) use any automatic or manual process to harvest information from the Site;

(i) use the Site for the purpose of gathering information for or transmitting

(1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or regulations
of the United States.

6. No Legal Advice or Attorney-Client Relationship. Information contained on
or made available through the Site is not intended to and does not constitute
legal advice, recommendations, mediation or counseling under any circumstance
and no attorney-client relationship is formed. We do not warrant or guarantee
the accurateness, completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site or materials linked
to the Site is entirely at your own risk. We are not a law firm and the Site
is not a lawyer referral service.

7. Linking to the Site. You may provide links to the Site, provided
(a) that you do not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site,
(b) your site does not engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Site immediately upon request by
us.

8. Advertisers. The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the advertiser’s or
sponsor’s materials.

9. Registration. Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree to provide us with
accurate, complete registration information. Your registration must be done
using your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity.

We do not permit (a) any other person using the registered sections under your
name; or
(b) access through a single name being made available to multiple users on a
network. You are responsible for preventing such unauthorized use.

10. Errors, Corrections and Changes. We do not represent or warrant that the
Site will be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.

11. Third Party Content. Third party content may appear on the Site or may
be accessible via links from the Site. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You understand that
the information and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does it necessarily reflect
our belief.

12. Unlawful Activity. We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your profile,
email addresses, usage history, posted materials, IP addresses and traffic information.

13. Indemnification. You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.

14. Nontransferable. Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents is not
transferable or assignable.

15. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.

16. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (i) any errors in
or omissions from the Site or any services or products obtainable therefrom,
(ii) the unavailability or interruption of the Site or any features thereof,
(iii) your use of the Site, (iv) the content contained on the Site, or (v) any
delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US
AND ANY AFFILIATED PARTY.

17. Use of Information. We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you to us
(collectively, a “Submission”) will forever be our property. We will not be
required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising ideas)
and will not incur any liability as a result of any similarities that may appear
in our future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you
or any other person sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have full responsibility
for the message, including its legality, reliability, appropriateness, originality,
and copyright.

18. Third-Party Services. We may allow access to or advertise certain third-party
product or service providers (“Merchants”) from which you may purchase certain
goods or services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants. You agree
that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.

19. Third-Party Merchant Policies. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.

20. Privacy Policy. Our Privacy Policy, as it may change from time to time,
is a part of this Agreement. You must review this Privacy Policy by clicking
on this link.

21. Payments. You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.

22. Securities Laws. The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like “anticipates,” “expects,” “believes,”
“estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are
intended to identify forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated into any of our securities-related
filings or documents.

23. Links to other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide to
leave our Site and access these third-party sites, you do so at your own risk.

24. Copyrights and Copyright Agents. We respect the intellectual property of
others, and we ask you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide our
Copyright Agent the following information: a. An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located
on the Site; d. Your address, telephone number, and email address; e. 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 f. A statement by you, made
under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s
behalf. Our Copyright Agent for Notice of claims of copyright infringement on
the Site can be reached by directing an e-mail to the Copyright Agent at customerservice@thai-west.com

25. Information and Press Releases. The Site contains information and press
releases about us. We disclaim any duty or obligation to update this information
or any press releases. Information about companies other than ours contained
in the press release or otherwise, should not be relied upon as being provided
or endorsed by us.

26. Legal Compliance. You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided therein.

27. Miscellaneous. This Agreement shall be treated as though it were executed
and performed in San Francisco, California, and shall be governed by and construed
in accordance with the laws of the State of California (without regard to conflict
of law principles). Any cause of action by you with respect to the Site (and/or
any information, Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in Section
16 and Section 17. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against any party. This Agreement and
all incorporated agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision. Our rights under this Agreement shall survive any
termination of this Agreement. 28. Arbitration. Any legal controversy or legal
claim arising out of or relating to this Agreement or our services, excluding
legal action taken by us to collect or recover damages for, or obtain any injunction
relating to, Site operations, intellectual property, and our services, shall
be settled solely by binding arbitration in accordance with the commercial arbitration
rules of JAMS. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in San Francisco, California,
and judgment on the arbitration award may be entered into any court having jurisdiction
thereof. Either you or us may seek any interim or preliminary relief from a
court of competent jurisdiction in San Francisco, California necessary to protect
the rights or property of you and us pending the completion of arbitration.
Each party shall bear one-half of the arbitration fees and costs incurred through
JAMS. close window.

 

READ OUR PRIVACY POLICY