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Terms & Conditions

Welcome to the Terms & Conditions of Use for this website/mobile application (the “Site”).  We are delighted that you are visiting the Site and have an interest in Regency Miami Airport.  As a condition of using this Site we require that you agree to each of the terms of use, conditions and notices presented below (collectively, the “Terms & Conditions”). Additionally, you also agree to abide by all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on the Site is subject to the Regency Miami Airport Privacy Policy for Guests (available at __________), which is hereby incorporated into these Terms & Conditions.

The Site offers information on properties managed, franchised, owned, licensed, or developed by OPB Capital Fund 1, LLC, a Florida limited liability company (“OPB CF1”).  As used throughout the Site, the terms “Regency”, “the Company”, “our”, “we”, “us” and other similar terms may refer to one or more of OPB CF1’s or one or more of their direct or indirect subsidiaries or affiliates.  These terms are used for convenience only and are not intended as a precise designation of any one particular entity.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICE THROUGH THE SITE.  BY ACCESSING THE SITE YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site.  You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.  Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not agree to these Terms & Conditions (as amended from time to time), without modification, please discontinue use of this website immediately.
1.    GENERAL. You may only use the services of the Site if you are at least 18 years of age and can form legally binding contracts under applicable law.  The services of the Site are not intended for and should not be used by minors.  Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses or activities that may occur on or through the Site.  You agree to comply with these Terms & Conditions and any such applicable terms and conditions.

2.    OWNERSHIP. Unless expressly stated otherwise, the content and information displayed on this Site (“Regency Information”), including, but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound and names, logos trademarks and service marks are the property of Regency and/or other parties. This content is protected by copyright, trademark and other laws.  No right, title, or interest to the content is granted by your use of the site, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing.  You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Regency’s written permission.  Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site and Regency Information (or any part of its content) are strictly prohibited.  

3.    COPYRIGHT. Unless otherwise noted, all content on the Site is the copyrighted property of Regency or its affiliates or licensors.  All content of the Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.  

4.    TRADEMARKS.  This website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Regency, its affiliates, licensors and/or other parties.  Regency Miami Airport® and other related marks used on the Site are trademarks of OPB CAPITAL FUND 1, LLC, a Florida limited liability company and its affiliates. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries.  Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Regency and protected by the trademark laws of the United States and other jurisdictions.  No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Regency and/or other parties is granted to or conferred upon you.

5.    NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  Regency respects the intellectual property rights of third parties.  Regency responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Regency believes that it is liable for any copyright infringement for which we are provided notice, Regency’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Regency’s sole discretion and operating within the parameters of the DMCA.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: 

Regency Miami Airport
Attn: Copyright Agent, Legal Department
1000 NW 42 Avenue
Miami, Fl 33126

    with the following information:

●    Your name, address, telephone number and email address;
●    A description of the copyrighted work that you claim has been infringed;
●    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents or the law;
●    A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on. Its behalf; and
●    Your written or electronic signature attesting to the above.

If your content has been removed from the Site in response to Regency’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Regency at:

Regency Miami Airport
Attn: Copyright Agent, Legal Department
1000 NW 42 Avenue
Miami, Fl 33126

With the following information:

●    Your name, address, telephone number and email address;
●    A statement that you consent to the jurisdiction of Federal District Court for the judicial district which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Regency would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
●    A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
●    A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
●    Your written or electronic signature attesting to the above.

6.    PROHIBITED USES.  Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Regency.  You may not use the Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, (d) use any robot, spider, other automatic device, or automatic or manual process to monitor or copy the Site or the content contained herein, or (e) take any action that imposes an unreasonable or disproportionately large burden on our infrastructure without the prior written consent from an authorized Regency representative.

7.    ACCURACY OF INFORMATION. You agree that if you choose to provide personally identifiable information (“PII”) that such information will be complete and accurate and pertain only to you.

8.    ACCOUNTS/PASSWORDS. This website 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 Regency, and is provided to you for your use only. You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.  We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our website operations or results in commercial benefits or other entities to our detriment.

9.    COOKIES: The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a web site. These cookies are then sent back to the originating web site when you visit that site again or to another site that recognizes that cookie. 

10.    RESERVATIONS. Regency provides the Site solely to permit you to determine the availability of certain goods and services. You may only use the Site to make legitimate reservations or purchases for yourself and your invited guests or an individual for whom you are authorized in advance to act. Unless you have obtained prior written permission from Regency, you may not use the Site to make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms). Reservations made in violation of these Terms & Conditions may be cancelled without notice in Regency’s sole discretion. Regency further reserves the right to cancel reservations without notice that are transferred in violation of these Terms & Conditions.

11.    CREDIT CARD INFORMATION. The storage of credit card information on the Site (if available) is entirely optional. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Regency may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Regency with your account information or your credentials or if you have established a link with such devices.

12.    REGENCY’S RIGHT TO CANCEL / ERRORS / MISTAKES.  The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Regency assumes no responsibility or liability for such errors, inaccuracies, or omissions. Regency shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Regency shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

13.    PROMOTIONAL INFORMATION. The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Regency reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

14.    PRIVACY AND CONFIDENTIALITY. With respect to all communications  submitted by you to Regency regarding Regency Information, including but not limited to searches, requests, feedback, questions, comments, suggestions and the like that you provide on the website, e-mail, text messages, telephone or social media: (a) you acknowledge that such communications are not confidential communications; (b) you shall have no right of confidentiality in your communications and Regency shall have no obligation to protect your communications from disclosure; (b) Regency shall be free to reproduce, use, publish, disclose and distribute your communications to others without limitation and without any obligations to you; and (c) Regency 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 without limitation and without any obligations to you.  Regency is under no obligation to protect such communications from disclosure.  

15.    BROWSING HABITS.  The Site may tailor information, offers, and other content based on your browsing habits on the Site and your geographic location.

16.    LINKS.  The Site may contain links to other websites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. Regency provides these links solely as a convenience to you. The inclusion of these links in no way indicates Regency’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We have no control over and undertake no obligation to review or monitor any websites and resources linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites.  If you choose to leave our websites via links to other websites not controlled by Regency, Regency is not responsible for the privacy policies of those websites or the cookies or other tracking technologies those websites use. In addition, you agree not to link your site or any other third party site to the Sites without Regency’s express prior written consent. 

17.    MISCOMMUNICATIONS / LOST TRANSACTIONS.  Regency is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Regency is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.

18.    AVAILABILITY.  The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Regency’s products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

19.    LIMITED LIABILITY. ALL REGENCY INFORMATION AND ANY OTHER INFORMATION 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, TITLE OR NON-INFRINGEMENT. THE USE OF THE WEBSITES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. REGENCY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR WEBSITES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE WEBSITES OR WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. REGENCY MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THIS WEBSITE OR REGENCY INFORMATION WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN ON THIS WEBSITE WILL BE CORRECTED.  NEITHER US NOR ANY OF OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (“COMPANY PARTIES”) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THIS WEBSITE. 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.”
 

20.    PROHIBITED PERSONS.  Regency is a United States company and is prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or other individuals whose names are published on lists maintained by United States government agencies. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at any hotels operated by Regency, use or tour any Regency facilities unless allowed under the travel exemptions set forth by the government agencies.

21.    DISCLOSURE TO GOVERNMENTAL AUTHORITIES.  These are United States websites and are subject to United States law. Regency will disclose any information regarding the uses of our websites including PII 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 hotel guests, visitors, employees, or property, including our websites, or to others. Any disputes arising out of or related to our websites shall be governed by and construed and enforced in accordance with the laws of the state  of Florida.

22.    If you would like to view the privacy practices that govern how we process PII about you on this website please review our Privacy Policy. By using our websites, you consent to your PII being processed as set out in our Privacy Policy.

23.    JURISDICTION / GOVERNING LAW / CHOICE OF FORUM.  The Site is controlled and operated by Regency from its offices within the State of Florida, United States of America. Regency makes no representation that the content or materials on the Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Florida, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near Miami, Florida, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

24.    SEVERABILITY. If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

25.    NO WAIVER.  Regency’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.