INTRODUCTION Welcome to the Internet Site of Bacara Resort and Spa. Bacara is operated by BCRA RESORT SERVICES, INC. and its affiliates (referred to herein as "BCRA," "we," "us," or "our"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS BACARA SITE. By using the BACARA Site, you signify your agreement to these terms of use. Please check these terms periodically, as we reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Your continued use of the BACARA Site following the posting of changes to these terms will mean you accept those changes. RESTRICTIONS ON USE OF MATERIALS All materials contained in any BACARA Site including, but not limited to, all images, illustrations, audio and video clips, descriptions, trademarks, and copyrights are the property of BCRA. No material from any BACARA Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, linked, or distributed in any way. PRIVACY Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While BCRA strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. BCRA respects your privacy. We do not currently engage in third party use of any information provided through this site, except that we do provide your contact information to a third party company solely for the purpose of having that company send you information about the resort. DISCLAIMER We explicitly disclaim any responsibility for the accuracy, content, privacy policies or availability of any linked web sites, and we reserve the right to disable any such links at any time. You hereby irrevocably waive any claim against us with respect to such sites. THE MATERIALS IN THIS BACARA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY BACARA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY BACARA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY BACARA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. INDEMNIFICATION You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY BACARA SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE 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 OUR 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 ANY BACARA SITE. TERMINATION Your access to any and all BACARA Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the BACARA Site. GENERAL PROVISIONS These terms shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws provisions. You agree to the exclusive jurisdiction of the federal or state courts located in NY, New York, and you hereby consent and submit to the personal jurisdiction of such courts in connection therewith. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions constitute the entire agreement between BCRA and you with respect to this Site.