- LEGAL TERMS OF USE -

TERMS AND CONDITIONS

These terms of use (“Terms”) apply to information contained in this web site.
Marking US Park and its affiliates reserve the right to change these Terms at any time, without notice. Use of any portion of this web site constitutes acceptance of these Terms.

1. Through its web site, Marking US Park provides you with access to various resources, including communication and information through the web site. All content and information displayed on this web site (“Information”) is the property of Marking US Park, and is subject to these Terms.

2. This web sites, as well as the web sites of Marking US Park’s affiliates, may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Marking US Park and/or its affiliates. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Marking US Park and/or its affiliates is granted to or conferred upon you.

3. This web site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site (“access codes”). The content contained in such restricted areas is confidential to Marking US Park, and is provided to you for your personal use only. Marking US Park reserves the right to prohibit the use of such access codes at any time, without notice.

4. The entire content of Marking US Park’s web site is copyrighted under United States copyright laws, and except where explicitly indicated, Marking US Park is the exclusive owner of the copyright. You may print and download portions of the Information solely for your own non-commercial use. Any other use, copying, distribution, publication or transmission of any portion of the Information is strictly prohibited without the express written permission of Marking US Park. You agree not to change or delete any proprietary notices from any Information rightfully downloaded, printed, copied, used or transmitted from the web site.

5. Marking US Park, the Marking US Park logo, trademarks and service marks, and other Marking US Park logos and products and service names are trademarks of Marking US Park (“Marking US Park Trademarks”). You agree not to display or use Marking US Park Trademarks in any manner without Marking US Park’s prior permission. All other trademarks, product names and company names or logos used, displayed or otherwise referenced on this web site are the property of their respective owners. Your use of this web site does not confer upon you any right or license to use the Marking US Park Trademarks or any other trademarks.

6. THIS WEB SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION FOUND ON THIS WEB SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, NON-INFRINGEMENT OR TITLE. MARKING US PARK DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES. MARKING US PARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE INFORMATION IN THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

7. IN NO EVENT SHALL MARKING US PARK BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM OR OTHERWISE IN CONNECTION WITH USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGAS OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF INCOME OR PROFITS, OR LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES.

8. With respect to all communications you make to Marking US Park regarding the Information, including but not limited to feedback, questions, comments and suggestions: (a) you shall have no right of confidentiality in your communications and Marking US Park shall have no obligation to protect your communications from disclosure; (b) Marking US Park shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Marking US Park shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. By submitting any such communication, you warrant that such communication does not infringe the intellectual property or other rights of any third party. You further agree to grant Marking US Park a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, transmit, distribute, create any derivative works of, publicly use or display any materials or other information, including but not limited to, ideas, concepts or techniques for new or improved services and products, you publish to the web site by any means or by any media now known or hereafter developed.

9. By using the web site, you agree that you will not use the Information for any purpose that is unlawful or prohibited by these Terms. You agree to comply with all applicable laws, rules and regulations of the United States, the country in which you reside and/or the country from which you access the web site.

10. You acknowledge and agree that Marking US Park may preserve your personal information and may also disclose your personal information if required to do so by law or in a good faith belief that such disclosure is necessary to comply with legal process or to protect the rights, property or personal safety of Marking US Park, its users or the public.

11. The Information may contain technical inaccuracies or typographical errors.
Marking US Park reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice.

12. This web site, along with the web sites of Marking US Park’s affiliates, contains information on worldwide products and services of Marking US Park and its affiliates. Not all products and services are available at all Marking US Park or affiliate locations. A reference to a particular product or service does not imply that such product or service is or will be available at a particular location.

13. If you choose to leave this web site via a link to another web site not affiliated with Marking US Park, including those of its advertisers or vendors, Marking US Park is not responsible for the privacy policies of those external web sites or the cookies those web sites may use. In addition, because Marking US Park has no control over such web sites, you acknowledge and agree that Marking US Park is not responsible for the availability of such external web sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites.

14. This is a United States website and is subject to United States law.
Marking US Park will disclose any information regarding the use of this web site, including personal information pertaining to you, without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Marking US Park, its affiliates, their customers, employees or property, or to others.

15. If you would like to view the privacy practices that govern this web site, please see our internet privacy statement. If you have questions about these Terms, please send an e-mail to info@bacalia.com.

THIS WEBSITE AND THE FEATURES, FACILITIES AND AMENITIES DESCRIBED AND DEPICTED HEREIN ARE BASED UPON THE CURRENT DEVELOPMENT PLANS, WHICH PLANS ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND THERE IS NO GUARANTY THAT SAID FEATURES, FACILITIES AND AMENITIES WILL BE PROVIDED, OR, IF PROVIDED, WILL BE OF THE SAME TYPE, SIZE OR NATURE AS DEPICTED OR DESCRIBED. THE ARTIST’S REPRESENTATIONS AND INTERIOR DECORATIONS, FINISHES, APPLIANCES AND FURNISHINGS CONTAINED HEREIN ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY. ALL DIMENSIONS SHOWN ARE APPROXIMATE. MARKING US PARK RESERVES THE RIGHT TO MODIFY THE VILLAS, INCLUDING CHANGES IN LAYOUTS AND DESIGNS, AND CHANGES AFFECTING THE MATERIALS, APPLIANCES, EQUIPMENT AND OTHER DETAILS.

PRIVACY STATEMENT

Marking US Park has a strong commitment to providing excellent service to all of our customers and visitors of this web site, including respecting your concerns about privacy. For this reason, Marking US Park has prepared this privacy statement (“Privacy Statement”). If you would like to contact us regarding this Privacy Statement, please send us an email to info@bacalia.com or write to us at Marking US Park, Sardinera Bay, State Road 987 km 24 Fajardo – Puerto Rico.

Browsing this Web Site

Visitors who browse this web site do so on an anonymous basis.
If you do nothing during your visit but browse through this web site, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:

If you have questions about these Terms, please send an e-mail to info@bacalia.com.

The Internet domain (for example, “xcompany.com” if you use a private Internet access account) and IP address (an IP address is a number that is automatically assigned to your computer whenever you access the Internet) from which you access this web site; the type of browser and operating system used to access this web site; the date and time of access; the particular web pages accessed; and if you linked to this web site from another website, the address of that other web site. We use this information to help us make our web site more useful to visitors, to learn about the number of visitors to our web site and the types of technology our visitors use. We do not track or record information about individuals and their visits without their consent. This means that, unless you voluntarily and knowingly provide us with personal information, Marking US Park will not know your identity, your e-mail address, or any other information personally identifiable to you.

Information Collected and How It Is Used

When Marking US Park needs to collect personally identifiable information from you to provide you with a particular product, service or information, we may ask you to voluntarily supply us with the information we need. Marking US Park and/or its affiliates (collectively referred to herein as “Marking US Park Companies”) may use such information to contact you for confirmation and, if applicable, for processing the reservation. In addition, all such information may, unless you advise us otherwise, be used by the Marking US Park Companies for marketing of our products and services. From time to time the Marking US Park Companies may use the services of third-party providers for the purpose of distributing such information and/or materials to you. From time to time we may also ask you to fill out an online customer survey, to obtain your suggestions or comments about your use of this web site, the Marking US Park Companies’ services, or for other purposes. It is your choice whether to complete such a survey or to provide us with any such information.

Employment

If you choose to apply for employment online, you will be required to provide us certain personal information, such as your name, street address, telephone number and e-mail address. Any such information we receive will not be used for any other purpose.

Children’s Privacy

This web site is not intended for children and we do not knowingly solicit or collect personally identifiable information from children.

Securing Your Information

The Marking US Park Companies treat the information you provide to us as confidential information. We use the same methods and procedures to protect such confidential information as we do to protect our own confidential information. If you submit information to the Marking US Park Companies through this web site or by e-mail, such information is stored on a secure server that resides behind firewalls designed to block unauthorized access from third parties. Because laws applicable to personal information vary by country, our affiliates may have additional measures that vary depending on the applicable legal requirements. Information collected on this web site is covered by this Privacy Statement.

Disclosure of Information to Third Parties

As mentioned previously, from time to time the Marking US Park Companies may use the services of third parties, such as marketing firms and fulfillment houses, which provide services on behalf of the Marking US Park Companies. In such event, such parties are contractually prohibited from using personally identifiable information for any purpose other than for the specific purpose for which they were engaged by us. We prohibit the sale or transfer of personally identifiable information to any person or entity other than the Marking US Park Companies and our third party service providers, without your approval.

Use of Cookies

This web site makes only limited use of “cookie” technology. “Cookies” are pieces of electronic information (specifically, a string of text) that your browser and your operating system store on your hard drive for record-keeping purposes. Cookies can store a user’s ID and password, personalize home pages, identify which parts of a site have been visited or keep track of previous selections or purchases. Cookies can enhance the user’s visit, and the use of cookies has become an industry standard, used by most major commercial websites. Such cookies expire automatically after one year, but you may manually delete cookies earlier. These cookies transmit no information about you or your computer back to Marking US Park. If you do not wish to receive these cookies, you may set your browser to reject the cookies, although doing so may affect your ability to perform certain transactions on our web site. You should consult the instructions for your particular browser to determine how to delete cookies, whether your browser is able to turn off cookies, and the procedures for doing so.

Opt-Out

Periodically, the Marking US Park Companies may send you information regarding products or services through direct mailings or e-mails. It is our intention to only send you communications that you want to receive. At any time, you may notify us that you want to “opt-out” and not receive any such tangible or electronic communications by providing your name, postal and e-mail addresses to us at info@bacalia.com or by mail to Sardinera Bay, State Road 987 km 24 Fajardo – Puerto Rico, and in any event clearly stating in your communication that you wish to “opt-out” from receiving such information. In addition, if you subscribe for any Marking US Park e-mail newsletter you will find instructions on how to unsubscribe at the bottom of such newsletters. Otherwise, we may periodically contact you via e-mail and provide information about our special offers and promotions that may be of interest to you. Every time you receive an e-mail from us about special offers or promotions you will be provided the choice to opt-out of future e-mails. Please note that even if you opt-out of receiving future marketing materials from the Marking US Park Companies, we are still permitted to contact you for business related purposes.

External Web Sites

Marking US Park is only responsible for the privacy policies of this web site. The privacy practices of third party web sites are not covered by this Privacy Statement and Marking US Park is not responsible for the privacy practices or content of other third party web sites, including without limitation their use of cookies, spyware or similar concerns.

Legal

This is a United States web site and is subject to laws of the United States. Marking US Park will disclose personally identifiable information without your permission when required by law, or as otherwise provided in the “Legal Terms of Use” governing this web site. As mentioned previously, laws related to personally identifiable information vary by jurisdiction.

Individual customers who reside in the State of California and have provided their personal information to the Marking US Park Companies may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us by e-mail at info@bacalia.com or in writing by mail to us at Sardinera Bay, State Road 987 km 24 Fajardo – Puerto Rico. Upon receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. Such a request may be made no more than once per calendar year.

Changes to this Privacy Statement

From time to time this Privacy Statement may be changed by Marking US Park, without notice. However, any such changes will be promptly reflected on this web site, so that you will always know what information we collect, how we might use such information and whether we will disclose such information to any person or entity other than the Marking US Park Companies. This statement was last updated on Jun 20, 2020.