Terms of Use

TERMS OF USE

The following are the terms of use of Riviera Health Resort. These terms and conditions hereby form an agreement between you and Riviera Health Resort. BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE (THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE. This Website is operated by Riviera Health Resort. The Riviera Health Resort reserves the right to change these Terms of Use at any time without notice. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use, and shall not affect the validity and enforceability of any remaining provisions hereof. The rights to use this Website granted to you hereunder are personal to you and are not subject to transfer or assignment. Any claim relating to this Website or its use shall be subject to the exclusive jurisdiction of the federal and state courts located in Florida, and by your use of this Website you submit yourself to the personal jurisdiction of such courts.
Security

You acknowledge and agree that you will not violate, or attempt to violate, the security of the Website. Accordingly, you agree that you will not access any data or materials located on the Website which, by their nature, are not reasonably intended for your use or access, log into any server or user account associated with the Website which you are not authorized to access, transmit or relay through the Website or any associated server any spam or other broadly disseminated unsolicited e-mail, or use the Website or any associated server to spoof or otherwise disguise or conceal the identity of the party originating any e-mail, use the Website for any fraudulent or illegal purpose, use the Website or any associated server to e-mail, upload or otherwise transmit any image, material or information which is unlawful, defamatory, tortious, libelous, harassing, sexually explicit, obscene, or otherwise objectionable to any racial, ethnic or other group, probe, scan or test the Website or any associated server, or attempt to probe, scan or test the Website or any associated server, to assess its security features and procedures or to analyze security or authentication measures without proper authorization, or interfere with, or attempt to interfere with, any third parties use of the Website or any associated server, including without limitation any introduction of a virus or other computer program routine or engine that is intended to damage, destroy, disrupt or otherwise impair the Website or any associated server or network, and any effort to crash or disrupt the Website or any associated server or network by means of a volume of service requests in excess of the capacity of the Website or any associated server or network. Violation of a computer system or network security may result in civil or criminal liability. Riviera Health Resort reserves the right to investigate occurrences which may involve such violations, and to report such violations to appropriate law enforcement authorities.
 

Privacy Policy

Certain features available at or through this Website may invite you to provide certain information to Riviera Health Resort. For instance, you may elect to provide us with certain identifying information about you, including but not limited to your name, age, street address, telephone number, e-mail address and other personally identifiable information. In addition, Riviera Health Resort may collect certain non-personally identifiable information about you and about the equipment and communications method that you use to access the Internet and this Website. All of this information is subject to Riviera Health Resort Privacy Policy, which can be accessed from the Website. The Privacy Policy is hereby incorporated into these Terms of Use as if fully set forth herein. Restrictions of Use. The copyright in all material provided on this Website is held by Riviera Health Resort. Except as otherwise expressly stated herein, none of the material provided on this Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Riviera Health Resort or the copyright owner. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Share of Information Collected

In the course of conducting our business we may transfer Personal Information between our offices and communities, or transmit such Personal Information to our affiliates and contractors. Any such transfer of Personal Information will be made in accordance with applicable law, and our affiliates and contractors have agreed to be bound by this Privacy Policy. We may disclose information about you if legally required to disclose information. We may also disclose information about you to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person. If you do not wish to receive any information, materials, from Riviera Health Resort, you may so notify Riviera Health Resort in the manner described below. Within a commercially reasonable time following our receipt of any such notice, we will take steps to assure that you will not receive any further communications from us of such a nature.

Submissions

Any messages, notes, suggestions or other material which you may submit to Riviera Health Resort through or in connection with the Website (Submissions) will become the exclusive property of Riviera Health Resort. Accordingly, you acknowledge and agree that Riviera Health Resort shall have the right to publish any Submissions for any purpose, including without limitation, promotional and advertising purposes, in accordance with the terms of the Privacy Policy, without compensation to you of any kind. In addition, you agree that you will not transmit any Submission to Riviera Health Resort which infringes upon the rights of any third party, any Submission that you transmit to Riviera Health Resort shall be truthful, accurate, not misleading, not in violation of any third party rights, offered in good faith, and not confidential, and to the extent that any Submission which you transmit to Riviera Health Resort shall include any copyrightable material, you represent and warrant that you are the owner of such copyrightable material or have the right to grant Riviera Health Resort a license to use such copyrightable material, and you hereby grant to Riviera Health Resort a perpetual, irrevocable, royalty-free and worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and create derivative works of such Submission in any media or medium, and in any form, format or forum now known or hereafter developed.

Intellectual Property

All content, materials, images and other copyrightable material on the Website, including without limitation text, graphics, button icons, video clips and software, are the property of Riviera Health Resort, its sponsors or business affiliates, and their respective licensors, and are subject to U.S. and international copyright laws. Except to the extent expressly permitted under applicable copyright law, no copying or exploitation of the material from the Website is permitted without the express written permission of Riviera Health Resort. You acknowledge that you do not acquire any ownership rights in any of such copyrightable material by virtue of having downloaded such material from the Website. All copyrights not expressly granted hereunder are expressly reserved to Riviera Health Resort. All trademarks, service marks, logos and trade names used on this Website are proprietary to Riviera Health Resort or other respective owners that have granted Riviera Health Resort a right and license for such use, and are protected by U.S. and international trademark laws.

Disclaimer

ACCESS TO THE WEBSITE, AND ALL MATERIAL, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, ARE PROVIDED ON AN AS IS BASIS. ACCORDINGLY, RIVIERA HEALTH RESORT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE MATERIALS, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NONINFRINGEMENT, EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. RIVIERA HEALTH RESORT DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED AT THE WEBSITE WILL BE ENTIRELY ACCURATE OR RELIABLE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIVIERA HEALTH RESORT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR RESULTS WHICH MAY BE OBTAINED FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE WEBSITE BEFORE ACTING UPON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. THIS WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY RIVIERA HEALTH RESORT. THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THIS WEBSITE, AND SHOULD NOT BE CONSTRUED AS RIVIERA HEALTH RESORT SPONSORSHIP OR ENDORSEMENT OF ANY SUCH LINKED WEBSITE. RIVIERA HEALTH RESORT DOES NOT MONITOR THE CONTENT OF ANY SUCH WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH WEBSITES. ACCORDINGLY, USERS OF THIS WEBSITE USE SUCH LINKS AT THEIR OWN RISK. IN ADDITION, WHILE RIVIERA HEALTH RESORT ENDEAVORS TO PROTECT THIS WEBSITE FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, RIVIERA HEALTH RESORT CAN NOT PROVIDE ANY ASSURANCE THAT THE WEBSITE WILL REMAIN FREE OF INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF THIS WEBSITE ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS, ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THIS WEBSITE EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD RIVIERA HEALTH RESORT HARMLESS FROM ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH DESTRUCTIVE CODE AT THIS WEBSITE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL RIVIERA HEALTH RESORT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR RESULTING FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OPINIONS PROVIDED ON THIS WEBSITE, OR THE USE, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF RIVIERA HEALTH RESORT OR AN AUTHORIZED REPRESENTATIVE OF RIVIERA HEALTH RESORT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RIVIERA HEALTH RESORT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, IN NO EVENT SHALL RIVIERA HEALTH RESORT TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.