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TERMS OF USE AND USER AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. Your use or your registration as a User, of the ARUBA.COM website (the “Site”) constitutes acceptance of this Agreement and creates (i) a binding legal contract between you and the Aruba Hotel and Tourism Association (AHATA), which owns and/or controls the booking/reservation portions of the Site; and separately (ii) a binding legal contract between you and the Aruba Tourism Authority (“ATA”). Collectively, AHATA and ATA are referred to as “Aruba.com” 

WARRANTY OF FITNESS

We do not make any warranty about the completeness, timeliness or accuracy of the information appearing on the Site.

1. LEGAL AGREEMENT

This Terms of Use and User Agreement (“Agreement”) applies to all Users of the Aruba.com Site and is a binding, legal contract between each User of the Site (“User” or, as appropriate, “you” or “author”) and Aruba.com.

This Agreement contains the terms and conditions of each of your agreements with ATA and AHATA.

Users cannot be under the age of 13.  By entering into this Agreement, you represent and warrant that (i) you are at least 18 years old; or (ii) you are the parent or legal guardian of a prospective User who is between the ages of 14 and 18 and that you are entering this Agreement on behalf of that prospective User.

It is important that you understand that Aruba.com may amend, revise or update the terms and conditions of this Agreement at any time and without prior notice to you.  Therefore, you should carefully review the terms and conditions of this Agreement each time you use the Site. If the terms and conditions of this Agreement are not acceptable to you, you should not use the Site.

By using the Site and/or registering on the Site, you accept the terms and conditions of this Agreement, and you warrant and represent that you have the legal capacity to enter into this Agreement.  You also agree that you are authorized to use the Site only if you agree to abide by all applicable laws and to this Agreement.

2. GENERAL

A. Definitions

“User” or “you” means a person or legal entity registered to use the Site.

“Personal Information” means (i) information about User provided to Aruba.com in connection with registration on the Site; and/or (ii) Personal Information you place, post, or make on the Site about yourself. Personal Information may include but is not limited to any information that could be used to identify you.

“Privacy Policy” means the Privacy Policy applicable to the Site.

B. License and Site Access

Aruba.com grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Aruba.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any service or product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aruba.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aruba.com without express written consent. You may not use any metatags or any other "hidden text" utilizing Aruba.com's name or trademarks without the express written consent of Aruba.com.

C. Electronic Communications

When you visit the Site or send e-mails or other electronic communications to Aruba.com, you are communicating with Aruba.com electronically. You consent to receive communications from Aruba.com electronically. Aruba.com will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

D. User’s Direct and Exclusive Dealings with Vendors on the Site

Third-party vendors promote and offer reservations for services via the Site (collectively, “Independent Third-Party Vendors”). For example, Independent Third-Party vendors include (i) hotels and restaurants that offer reservations for accommodation, dining, and other activities on the island of Aruba; and (ii) vendors that provide payment services for such reservations (e.g., PayPal). In addition, Aruba.com provides links to the sites of such Independent Third-Party Vendors.

User agrees and acknowledges that Aruba.com is not responsible for examining or evaluating, and Aruba.com does not warrant the offerings of, any Independent Third-Party Vendor, including, but not limited to,the content of their websites. User further agrees and acknowledges that Aruba.com does not assume any responsibility or liability for the actions, services, or products of Independent Third-Party Vendors. 

Before booking or paying for a reservation, you should carefully review the reservation and cancellation terms and conditions of all Independent Third-Party Vendors. No contract will exist as between you and any Third-Party Vendor for the sale of any reservation, product, or service unless and until an email is sent confirming your reservation or purchase and you are issued a unique confirmation code. Acceptance by an Independent Third-Party Vendor will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that we send the email to you whether or not you receive the email.

User understands and acknowledges that all reservations and other bookings User makes via the Site are made directly with Independent third-Party Vendors (i.e., not with Aruba.com). User agrees that Aruba.com is not responsible or liable for any aspect of reservations or modifications to them, cancellations, or the provision of services or other activity associated with a reservation or booking made via the Site.

E. LINKS

The Aruba Tourism Authority provides links to other web sites which may be of interest to Users of our site solely for the convenience of Users. The sponsors of linked websites are responsible for the editorial content of such sites. These linked web sites may also provide reservation capabilities. Aruba.com, The Aruba Tourism Authority and the Government of Aruba does not endorse nor assume any responsibility for such content or transactions made via these linked websites.

F. MESSAGE BOARDS

Use of Bulletin Boards ("Visitors' Forum") and other communication forums. To the extent that this web site contains bulletin boards, or other message or communication facilities, the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum.

The User agrees that when using a forum, the User shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. In addition, the User agrees not to publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information, advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or participate in any commercial-related purposes.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, and otherwise use this web site only as permitted by these terms and conditions and applicable law.

The Aruba Tourism Authority reserves the right for any reason to remove without notice, any contents of this web site received from Users, including bulletin board postings, for any reason. The Aruba Tourism Authority reserves the right to edit any notices or postings for clarity and length.

The User acknowledges that chats, conferences, forums, bulletin boards and any other such communication forums hosted by the Site are public and non-confidential communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other Users are not endorsed by the Aruba Tourism Authority, and such communications shall not be considered, reviewed, screened , or approved by The Aruba Tourism Authority.

3. CONTENT

“Content” means any work of authorship or other form of expression made or placed on the Site by a User, including but not limited to images, graphics, photographs, videos, information, data, files, text, ideas, refinements, suggestions, comments, feedback, votes, ratings, reviews, sounds, music, contributions and all other substantive input of any kind.  Content includes but is not limited to all modifications of and revisions to Content that was previously made or placed on the Site.

The interactive nature of postings on the Site makes it impossible for Aruba.com to assume responsibility for any Content placed on the Site by a User. Content placed on the Site by Users is not endorsed by Aruba.com, and Aruba.com makes no guarantee regarding the reliability, accuracy, or quality of any Content placed on the Site by a User.  User agrees that Content placed on the Site by another User is the sole responsibility of the User who placed the Content on the Site, and User’s sole recourse for any damage User may suffer as a result of such Content shall be to and against the User who placed the Content on the Site.

For all Content made, placed, or posted on the Site by User, and for all revisions or modifications to such Content, User grants to Aruba.com the “Site, Advertising and Marketing License” and “Archival License” set forth in Section 4 of this Agreement.

4. TERMS OF ABOVE-REFERENCED ASSIGNMENTS AND LICENSES

A. Site, Advertising and Marketing License

User grants Aruba.com a non-exclusive, royalty-free, worldwide, fully sublicensable, perpetual, irrevocable license to publish, copy, adapt, reproduce, display, render, distribute, transmit, copy, save, store, create derivative works, translate, perform, and otherwise use the Content covered by this section throughout the world in any media now known or developed at any time in the future for all purposes associated with (i) Aruba.com’s operation and promotion of the Site; and (ii) marketing, advertising, promoting, or publicizing Aruba.com or its members, Aruba.com’s or its members’ products or services, the Site, and any other aspect of Aruba.com’s business (the “Site, Advertising and Marketing License”).

B. Archival License

User grants Aruba.com a non-exclusive, irrevocable, worldwide, perpetual license to copy, save, store and maintain one or more copies of all Content (and additions, modifications, and revisions to Content) placed by User on the Site as well as User’s Personal Information (“Archival License”).  As between User and Aruba.com, Aruba.com has sole discretion to determine how, when, and where it may exercise and employ the Archival License.

User represents and warrants that the Site, Advertising and Marketing License, the Archival License, and Aruba.com’s exercise of rights under the Licenses will not violate any intellectual property, contractual, or other right of a third party.

C. ADVERTISING

All advertising on aruba.com is provided by third parties. These sites may contain information that content providers independent of aruba.com have created. The use of these external websites is purely voluntary.

These advertisers in no way indicate our recommendation or preference. Your correspondence and dealings with, or participation in promotions of advertisers including reservations on these websites and on Aruba.com's message boards are solely between you and such advertisers. Aruba.com will not be responsible or liable for any problems as result of such dealings.

Aruba.com reserves the right to change the disclaimer contents at any time. Any such changes will be posted on line.

5. WARRANTIES AND REPRESENTATIONS AND CONTENT POLICIES

By uploading Content to the Site, each User represents and warrants, at all times, that the Content:

 Is (i) an original work of authorship of the User; (ii) owned by the User; or (iii) to the extent owned by someone other than the User, the owner of the Content has expressly authorized and permitted (a) User to place or post the Content on the Site and (b) all such Content to be published by Aruba.com or a third party.

Is not Personal Information about anyone other than the User.

Does not violate any copyright, trademark, trade secret or other intellectual property right of a third party.

Does not violate a third party’s right of privacy or publicity.

Does not contain or include material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable to Aruba.com.

Does not include viruses, Trojan horses, worms, time bombs, cancelbots, or any other code or computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any Content, system, program, data, or Personal Information on or that is part of the Site.

Is not unlawful and does not violate this Agreement or any regulation or Aruba.com rule or policy.

Does not breach a duty of confidentiality by which User is bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Is not “spam.”

Does not promote or offer goods, services, schemes, or promotions.

Is, to the best of User’s knowledge, true and accurate and will not result in physical harm to any person.

User further represents and warrants that User will not use the Site to:

Upload, post, email or otherwise transmit any Content that provides any telephone numbers, street addresses, last names URLs or email addresses for anything but User’s own transactions made on or in connection with the Site.

engage in commercial or other promotional activities within the Site not related to the User’s own transactions made on or in connection with the Site;

harm minors in any way;

solicit personal information from anyone under 18;

provide false or deceptive information;

delete, add or otherwise change other people’s entries or other Content when User has not been granted the express privilege to do so; or

allow usage by others in such a way as to violate this Agreement.

Aruba.com reserves the right to remove or edit Content that, in Aruba.com’s sole discretion, violates the representations and warranties above or otherwise violates Aruba.com’s rules or policies or this Agreement.

Aruba.com reserves the right and User agrees that Aruba.com has the right to suspend and/or ban a User, at Aruba.com’s sole discretion, for conduct or content that violates the representations and warranties above, Aruba.com’s rules or otherwise this Agreement.

6. U.S. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent of a copyright owner and believe that any Content or other content on the Site infringes upon your copyright rights in the United States, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Aruba.com’s Copyright Agent with the following information in writing (please consult your counsel and see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Aruba.com’s designated Copyright Agent to receive notifications of claimed infringement is and such written notice should be sent to Aruba.com’s designated Copyright Agent as follows:

DMCA Complaints

Aruba Tourism Authority

Attn: Aruba.com DMCA Complaints

L.G.Smith #8

Oranjestad, Aruba

Phone: 297-5823777  Fax: 297-5834702

Aruba Hotel and Tourism Association

Attn: Aruba.com DMCA Complaints

L.G.Smith 174

Oranjestad, Aruba

Phone: 297-5822607 Fax: 297-5824202

Email: DMCA at feedback@aruba.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Aruba.com’s customer service staff using the “Contact” functions on the Site.

You acknowledge that if you fail to comply with all of the requirements of this section of the Agreement, your DMCA notice may not be valid.

Please also note that under Section 512(f) of the U.S. DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notice:  If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content, (i) please consult your counsel and see U.S. code section 17 U.S.C 512; and (ii) you may send a counter notice containing the following information to Aruba.com’s Copyright Agent:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Aruba, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notice is received by Aruba.com’s Copyright Agent, Aruba.com may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.  Unless the purported copyright owner files an action seeking a court order against the User who uploaded the objectionable Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at Aruba.com’s sole discretion.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

The Site includes contact information for Users to notify Aruba.com of Content that is objectionable or in violation of this Agreement.  However, User agrees and acknowledges that Aruba.com cannot be aware of all such Content at all times.  User further acknowledges and agrees that User may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and User agrees to waive and does waive, any legal or equitable rights or remedies you have or may have against Aruba.com with respect such Content.

In no event shall Aruba.com or any of its officers, employees, directors, affiliates, shareholders, or agents be liable to a User or anyone else for special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the this Agreement, the Site, Content on the Site, or activities of other Users or third parties.  This paragraph applies even if Aruba.com or one of its officers, employees, directors, affiliates, shareholders, or agents has been informed or become aware of the possibility of such damages.

The foregoing limitations apply to the acts, omissions, negligence and gross negligence of Aruba.com, its officers, employees, directors, shareholders, affiliates, and agents in any claim arising out of contract, tort, or any other legal or equitable doctrine.

If Aruba.com is the subject of any claim, allegation, demand, cause of action, suit, or other proceeding based on something User did in violation of this Agreement, User agrees to indemnify Aruba.com for all damages, attorneys’ fees, losses, and costs assessed against or incurred by Aruba.com.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE SITE ARE PROVIDED BY ARUBA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  ARUBA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION OR CONTENT OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.  USER AGREES THAT USER’S USE OF THE SITE IS AT USER’S SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARUBA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ARUBA.COM DOES NOT WARRANT THAT THE SITE; INFORMATION OR CONTENT OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE SITE; ARUBA.COM’S SERVERS; OR E-MAIL SENT FROM ARUBA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ARUBA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USER’S USE OF THE SITE OR FROM ANY INFORMATION OR CONTENT OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE EXTENT CERTAIN LAWS APPLICABLE TO A USER DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE USER, AND THE USER MIGHT HAVE ADDITIONAL RIGHTS.

8. PERSONAL INFORMATION

User agrees to the terms of the Privacy Policy and acknowledges that the Privacy Policy is part of this binding Agreement between User and Aruba.com.

It is critical that your Personal Information is accurate. If your Personal Information changes, you agree to promptly update your Personal Information on the Site. It is your responsibility to keep all of your current Personal Information on the Site.

User will have the opportunity to select a Username and Password during the process of registering on the Site. User is solely responsible in all respects for maintaining the confidentiality and security of User’s Username and Password. User is solely responsible for the activity and Content that occurs under or is placed on the Site under the guise of User’s Username. User agrees to notify Aruba.com immediately of any unauthorized use of User’s Username or Password.

Aruba.com may refuse to grant User a particular Username or require User to change his/her Username or Password if either impersonates someone else, is protected by trademark or other law, is vulgar or otherwise offensive, or for any other reason, at Aruba.com’s sole discretion.

User agrees not to use Personal Information of other Users for any purpose other than the use of the social networking functions on the Site uses and only so long as all such uses are lawful and permissible under this Agreement.

9. OPERATION OF SITE

Technical, maintenance and other issues may make the Site unavailable or inoperative from time to time. Aruba.com makes no commitment, warranty, or guarantee that the Site will (i) operate in a timely, uninterrupted or error-free manner, or (ii) meet a User's particular purposes. Aruba.com may also, in its sole discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to User.

Because computers and other equipment are subject to occasional malfunction, User agrees that User will not hold Aruba.com responsible for any inadvertent damage to, corruption of or destruction of Content. Aruba.com is not responsible for backing up Content, although Aruba.com has a license to backup and archive Content. If any Content transmitted to Aruba.com is damaged, lost or corrupted in any way, Aruba.com will have no obligation or liability to User.

User agrees not to circumvent, disable, reverse engineer, or otherwise interfere with the Site, security features of the Site, or features of the Site that prevent or restrict use or copying of any Content.

User agrees not to employ a robot, spider or other software, process or device to harvest e-mail addresses or Personal Information, or to monitor activity on the Site.

10. ARUBA.COM’S INTELLECTUAL PROPERTY

Except for Content posted to or placed on the site by User and the provisions of this Agreement that apply to such Content, all text, graphics, logos, button icons, photos, scripts, sounds, music, videos, interactive features, images, audio clips, digital downloads, data compilations, and software that is on or used on the Site is the property of Aruba.com, other Users, or other third parties with whom Aruba.com has a relationship and protected by international laws (collectively, “Aruba.com and Third-Party IP”). All Aruba.com and Third-Party IP on the Site is the exclusive property of Aruba.com or its respective, third-party owner and is protected by  international laws. All software used on this site is the property of Aruba.com or its software suppliers and protected by international laws.

Aruba.com, “Aruba.com Hotel & Tourism Association,” “AHATA,” and graphics, logos, page headers, button icons, scripts, slogans, and names are the exclusive, worldwide trademarks, trade dress and other intellectual property of Aruba.com. All other trademarks not owned by Aruba.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aruba.com.

User agrees that User will not use Aruba.com and Third-Party IP (i) without Aruba.com’s express, written, and prior approval; (ii) in connection with any product or service that is not Aruba.com’s; in any manner that is likely to cause confusion among or otherwise mislead consumers; or (iii) in any manner that disparages or discredits Aruba.com.

Aruba.com reserves all rights with respect to Aruba.com’s IP. User agrees and acknowledges that Aruba.com’s IP is the exclusive, worldwide property of Aruba.com. User will not at any time take any action or make any omission that challenges, diminishes, or threatens Aruba.com’s exclusive, worldwide property of Aruba.com’s IP. User acquires no right, title, or interest in or to Aruba.com’s IP by virtue of this Agreement or otherwise.

11.  COPYRIGHT

All material, including text and images, appearing on the Site are the property of the Aruba Tourism Authority or used by permission and are protected by The Aruba and International Copyright Law and do not constitute material in the public domain.

Users may use material on the Site for personal and educational purposes only.  No part of the Site may be copied, published, stored, re-distributed or otherwise exploited for any commercial purposes in any form or by any means without the express advance written permission of the Aruba Tourism Authority.

Unauthorized use is strictly prohibited.  For information on obtaining permission to use the contents of the Site for commercial purposes, contact the proper individual under the section, “Contact Use,” which can be found on the homepage.

12. TERM

This Agreement is effective until terminated. Aruba.com may terminate or suspend this Agreement immediately for any reason and without prior notice to User. User may terminate User’s registration with Aruba.com by contacting Aruba.com’s customer support with a specific request to do so. User’s request to terminate User’s registration will become effective no later than 30 days after Aruba.com receives User’s specific request.

This Agreement remains applicable after and survives termination of this Agreement with any individual User.

13. AMENDMENTS AND UPDATES TO THE AGREEMENT

Aruba.com may, in its sole discretion, change the terms in this Agreement from time to time. When the terms are changed, Aruba.com may notify User of the change(s) and make a posting on the Site regarding the change(s). User agrees to review this Agreement from time to time. If User uses the Site after Aruba.com has notified User of or posted a revised or updated version of this Agreement on the Site, User agrees to be bound by all of the changes and hereby accepts any and all such revised versions of this Agreement.

14. MISCELLANEOUS

This Agreement cannot be amended except as specifically set forth in the Amendments and Updates to the Agreement section above.

This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by User, but they may be assigned by Aruba.com without restriction.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

This Agreement constitutes the entire agreement between User and Aruba.com concerning the subject matter of this Agreement, and it supersedes and replaces any and all prior negotiations, communications, or proposed agreements, written or oral.

By completing the registration process and using the Site, User confirms that User has the full power and authority to enter into and perform this Agreement. User also agrees that this Agreement is a legal, valid, and binding contract, and that its terms and conditions can be enforced by Aruba.com.

Aruba.com encourages you to print and keep a copy of this Agreement for your reference and to seek the advice of counsel regarding this Agreement.

Every provision of this Agreement is intended to be severable. If any portion of this Agreement is found to be invalid or unenforceable, then such portion will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of Aruba without regarding to its “choice of law” provisions.   The Court of First Instance of Aruba has exclusive jurisdiction to all disputes arising from this Agreement.

Users from the European Union are advised that Aruba.com and the Site are not marketed to EU citizens and, accordingly, are not subject to the EU’s 1995 Data Protection Directive and any Member State’s national implementing legislation.  In addition, Aruba.com and the Site are not subject to the EU’s 2012 Cookie Directive.

If anything happens that is beyond reasonable control of either party (including wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Aruba.com shall not be responsible or liable for any delay caused by the occurrence of such event.

The Site may contain links to third-party websites that are not owned or controlled by Aruba.com. Aruba.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party websites. Aruba.com cannot edit the content of third-party websites. Accordingly, Aruba.com encourages User to be aware when User leaves the Site and to read the terms and conditions and privacy policy of each third-party website that User visits.

Neither this Agreement nor a User’s participation on and contributions to the Site, including the placement of Content on the Site, creates an agency, employee, legal representative, partner, fiduciary, special, or joint venture relationship between User and Aruba.com.

This Agreement inures to the benefit of and applies to the User’s and Aruba.com’s successors, assigns, heirs, divisions, subsidiaries, and employees.

 

Version 02.  Effective Date: 10-01-2013