Terms and Conditions

Bachelorette Party Puerto Rico operates as a subsidiary under Artemis Cru LLC, a Ohio Registered LLC (“Bachelorette Party Puerto Rico,” BPPR,” “we,” “us” or “our”) operates this website and services delivered through the domain BachelorettePartyPuertoRico.com (the “Site”) offers information and party package services with third party bars, restaurants, hotels, transportation providers and merchants (individually or collectively, “Merchants”). All services provided to you by Bachelorette Party Puerto Rico, either through the web pages located on the Site or otherwise, are hereafter referred to as the “Services.”

By using or visiting the Site you signify your agreement to these Terms of Use (“Terms of Use” or “Terms”) and Bachelorette Party Puerto Rico’s Privacy Policy, which is incorporated herein by reference.

We may modify these Terms of Use from time to time. Your continued use of the service constitutes your binding acceptance to these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may not continue your use of the Site.

Notice
You hereby consent to receive electronic communications from us, using the email address that you provide to us. You may give notice to us via email to the following address: [email protected]. Notice will be effective upon our sending or receipt of it, as applicable.

Informational Content
The Site is for informational purpose only and does not constitute an offer to sell or a recommendation for any services. The Site is limited to the dissemination of general information of the service offerings provided by Bachelorette Party Puerto Rico. Bachelorette Party Puerto Rico uses reasonable efforts to update the information on the Site. However, the contents of the Site are subject to change without notice. Bachelorette Party Puerto Rico makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Please contact us for more information on your particular need.

Bachelorette Party Puerto Rico reserves the right to modify or discontinue this Site with or without notice to the user. Bachelorette Party Puerto Rico shall not be liable to user or any third party should Bachelorette Party Puerto Rico exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted or secure access to our Site and that the operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

Third Party Sites
This Site contains links to other Internet sites that our business partners and other third parties own or operate. Such links are provided for User’s reference only. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any content from third parties is not an endorsement of that material or link or the companies that own or operate the material or linked sites. Bachelorette Party Puerto Rico assumes no liability whatsoever for any such third party websites or any content, features, products or services made available through third party websites.

Restrictions on Use
Except as may be expressly permitted by this agreement, you may not, directly or indirectly: (a) violate any law, statute, ordinance, or regulation; (b) provide false, inaccurate or misleading information; (c) infringe Bachelorette Party Puerto Rico’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; or (d) engage in any activity that interferes with any third party’s ability to use or enjoy the Service.

This agreement does not grant you any right, title, interest, license (express or implied) to any intellectual property right of Bachelorette Party Puerto Rico. As between Bachelorette Party Puerto Rico and you, Bachelorette Party Puerto Rico has and retains exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledges that the foregoing constitute valuable assets and may constitute trade secrets of Bachelorette Party Puerto Rico. All trademarks, service marks, trade dress, product names, company names or logos on the Site, whether registered or not, are the property of Bachelorette Party Puerto Rico. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Bachelorette Party Puerto Rico.

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time without notice for any violation of these Terms of Use. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Indemnification
You agree to defend, indemnify and hold us and our employees, representatives, directors, officers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Action”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your alleged breach of this agreement and any breach of the representations, warranties, covenants. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Action at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Action without our written consent.

Risk Allocation
Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by you as a result of your interaction with or visit to any Merchant or from any of their products and services. You hereby release the Bachelorette Party Puerto Rico Planning and Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Bachelorette Party Puerto Rico pertaining to the subject matter of this Section.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SITE, SERVICE AND RELATED CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL BACHELORETTE PARTY PUERTO RICO, AND OUR EMPLOYEES, REPRESENTATIVES, DIRECTORS, OFFICERS, AND SHAREHOLDERS (“BACHELORETTE PARTY PUERTO RICO”) BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (I) THESE TERMS OF USE, (II) ANY USE OF THE SERVICES (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY PART SERVICES), OR (IV) THE PERFORMANCE, NON-PERFORMANCE, CONDUCT OR POLICIES OF ANY MERCHANT IN CONNECTION WITH THE SERVICES. BACHELORETTE PARTY PUERTO RICO IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY MERCHANT.

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE PRICE YOU PAID FOR THE SERVICES.

You and Bachelorette Party Puerto Rico understand and agree that the disclaimers, exclusions and limitations in this Section: (a) are essential elements of these Terms of Use and that they represent a reasonable allocation of risk. In particular, you understand that Bachelorette Party Puerto Rico would be unable to make available the Services to you except on these terms and (b) will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.

Dispute Resolution
These Terms of Use shall be construed and enforced in accordance with the laws of Puerto Rico (other than its conflicts of law provisions). EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Section is a material inducement for the other party to enter into this agreement. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or in connection with this agreement must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

General
These Terms of Use are governed by and construed in accordance with the laws of Puerto Rico, exclusive of its choice of law rules. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys’ fees. Nothing in these Terms of Use limits either party’s ability to seek equitable relief. Bachelorette Party Puerto Rico shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Use. These Terms of Use constitute the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Some states and territories do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.