Terms of Use

These Terms of Use apply to www.amaniresorts.com, as well as any other affiliated Sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the Site). As used herein, the Owner refers to The Amani Resorts, Inc.

These Terms of Use apply to all visitors (including digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).

These Terms of Use may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of the Site is subject to the Terms of Use then in effect. Continued access to the Site by you following any modification in the Terms of Use will constitute your acceptance of the Terms of Use as modified. If you do not agree to be bound by all of the terms set forth below, do not use this Site.

WEBSITE PROVIDED AS-IS, AS-AVAILABLE

The materials comprising the Site are provided by the Owner as a service to you for your personal use on an as-is, as-available basis. You acknowledge that you are using the Site at your own risk.

Owner assumes no responsibility for any errors or omissions in the materials comprising the Site. The Owner makes no commitment to update the information on the Site. No advice or information given by the Owner or any other party on the Site shall create any warranty or liability. Further, Owner is not responsible for any content transmitted or posted to the Site by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of the Owner.

Owner periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Owner shall have no liability for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.

Owner makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Site, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Owner makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other Sites and any other items on the Site or accessed via the Site, or that the Site will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall the Owner, its affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Site, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.

The Owner is not responsible for, and does not control, any third–party content or advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

COPYRIGHT

All materials contained in the Site, including software, text, videos, photographs, images, sound files and other materials (collectively, Content), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either the Owner or, in the case of content licensed by the Owner from third–parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms of Use. You may download freely-accessible Content (one copy per page) from the Site for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. If you violate these Terms of Use, your permission to access the Site terminates and you must immediately destroy any copies you have made of the Content.

Owner does not permit infringement of intellectual property rights on the Site. If you believe that any Content on the Site infringes your copyright or other intellectual-property rights, you may notify the Owner by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to the Owner at 6575 N. State Road 7, #150, Coconut Creek, FL 33073; corporate@amaniresorts.com.

IMPERMISSIBLE USES OF THE WEBSITE

You agree not to: (a) systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots or otherwise; (b) use any trademarks, trade names or other intellectual property of the Owner or any other party from the Site as metatags on other Sites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; and (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications.

The following activities on the Site are expressly prohibited: (i) any use of the Site, which in Owner’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (ii) any use of the Site which is unlawful or in violation of these Terms of Use.

PRIVACY POLICY

The Owner has established a Privacy Policy (which is set forth below) as modified from time to time, which explains how information is collected on the Site and used. The Privacy Policy is part of these Terms of Use and is incorporated herein by reference.

GOVERNING LAW

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida.

VENUE

For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of Florida or the United States District Court for the Southern District of Florida.

NOTICES

Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting Owner) by email to corporate@amaniresorts.com.

YOUR RECORD OF THESE TERMS

Owner does not separately file the terms entered into by each user of the Site. Please make a copy of these terms for your records by printing and/or saving a downloaded copy of the terms on your personal computer.

ENTIRE AGREEMENT

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

NO WAIVER

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

Privacy Policy

This Privacy Policy discloses the privacy practices for www.amaniresorts.com, as well as any other affiliated Sites, digital services, or applications on which a link to this Privacy Policy appears (collectively, the Site). This Privacy Policy governs the use and collection of information collected from you on the Site. This Privacy Policy does not apply to information you may provide to Owner offline or through any means other than the Site, other than as specifically identified below. As used herein, we, us and our refers to The Amani Resorts, Inc.

Please read this Privacy Policy carefully so that you understand our online privacy practices. In addition, please review our Terms of Service, which also govern your use of this Site and which incorporate this Privacy Policy by reference. Your use of this Site indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Policy.

1. What Information Is Collected?

A. Personally Identifying Information. To take advantage of certain optional features or functions of the Website, we may ask you to provide us with certain personally identifying information. Personally identifying information is information that could reasonably be used to identify you personally (such as your full name, address, or email address), and which we may refer to here as PII. For example, you may be asked to supply your name and email address if you choose to contact us through the Site. You can choose not to provide such information, but then you may not be able to take advantage of or participate in some features of the Site. We do not automatically collect any PII from visitors to the Site.

B. Children Under the Age of 13. We do not knowingly collect or solicit personally identifying information from or about children under the age of 13. By submitting any personally identifying information, you certify that you are at least 13 years of age. If we discover that we have received any information from or about a child under 13 in violation of this statement, we will delete that information. If you believe that we have collected personally identifying information from or about a child under the age of 13, please contact us at the address provided in the “INQUIRIES section below.

C. Non-Personally Identifying Information

1. Cookies. Like many website operators, we sometimes make use of browser “cookies.” A “cookie” is a small piece of information that we use to assign each visitor’s computer a unique, random numerical identification code that resides in a designated file on your computer. Our cookies do not automatically collect personally identifying information. We may use information collected from cookies to recognize your browser when you visit the Site, to facilitate easy login, to attempt to personalize the Site for each user, to ensure that your browser does or does not see the same ad over and over again, to sequence ads and offers in a series and to track page usage and paths, to help serve advertisements, or to facilitate your ability to navigate the Site. We may link the cookie to PII you submit or other information we collect. Separately, third party companies that serve advertisements on the Site may use cookies and other tracking information, as further detailed below, to collect information about your visits to this Site and other websites. Please see our Cookie Policy for further information.

2. Log Files. Like most websites, we use tracking programs that collect information about log files, including browser types, internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, number of clicks, and Internet protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet, which web servers use to identify where to send the information your computer requests. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of the Site. We may disclose such non-personally identifying information, such as aggregated statistics, to third parties for a variety or purposes, including describing our services, marketing, and improving the experiences of visitors to the Site. The information that we collect regarding log files is not linked to personally identifying information.

2. How is the Information Collected Used, and How Can I Opt Out?

A. Personally Identifying Information. PII that you voluntarily submit will only be used for the purposes authorized when it was submitted.

B. Service Providers and Third Parties. Personally identifying information may be shared with third parties as disclosed in this Privacy Policy or at the time you provide your information. Third parties that provide support for the operation of the Site or features thereof may also have access to such information. We may also share your PII with third parties to accomplish the purposes for which it was submitted. In all cases, we will use the information only as permitted by law.

3. Facilitating Use of the Site and Customizing Content.

We may use information collected from cookies and other tracking technology to recognize your browser when you visit the Site and to attempt to personalize the Site for each user. You can configure your browser to refuse all cookies or to indicate when a cookie is being set by choosing this option in the preferences or menu options in your browser. However, if you disable cookies, you may not be able to use certain optional features or functions of the Site.

4. Third Party Advertisements.

We may use third party companies to serve advertisements on the Site. These companies may use cookies and other tracking information to collect information about your visits to this Site and other websites, so that they can measure the effectiveness of ads, and to track page usage and paths followed during visits. These companies may provide this data to us.

5. Statistical Analysis.

We may use collected information to create aggregate statistics about activity on and visitors to the Site, including the number of return visits to the Site or our advertisers’ websites, the number of unique visitors that have viewed or “clicked” a particular ad or visited a particular web page and how much time is spent on each page of the Site. We may also create aggregate demographic statistics. We may use these aggregate statistics to measure interest in various areas of the Site, to better design the Site and to improve our marketing strategy and product offerings. We may share the aggregate statistical information with third parties.

6. Disclosures Required by Law.

As described above, certain uses of collected information may involve disclosure to third parties. In addition, we may disclose collected information in the good faith belief that we are required to do so by law, or when doing so is reasonably necessary to: (1) comply with the law or legal process; (2) respond to any claims; (3) protect and defend the rights, property or personal safety of Owner and its affiliates, as well as our customers, users or the public; or (4) protect against misuse or unauthorized use of the Site. In addition, collected information may be disclosed as part of any bankruptcy, merger, sale, transfer of company assets or acquisition.

7. Is My Information Protected?

We use reasonable administrative, technical, personnel and physical measures to safeguard personally identifying information against loss, theft and unauthorized use, disclosure or modification. As effective as our security measures are, no security system is impenetrable. Moreover, we cannot guarantee that information that you supply will not be intercepted while being transmitted to us. Personally identifying information may also be stored on computers of third parties that provide technical support for the operation of the Site or who otherwise have access to your PII as disclosed in this Privacy Policy. We do not control the security measures used by such third parties.

8. Changes to this Privacy Policy

This Privacy Policy may be amended or modified from time to time. We encourage you to periodically review this Privacy Policy to learn about any changes in our Privacy Policy.

9. Inquiries

If you have any inquiries concerning this Privacy Policy, please email us at corporate@amaniresorts.com.