TERMS AND CONDITIONS
SMS Terms and Conditions
1. By texting a VIDANTA to short code 29446 you consent to receive automated texts at the phone number from which you texted. Message frequency may vary. By texting to the foregoing short code, you further represent and confirm that you are a Member with an active Contract for Lodging Rights and Services with Desarrollo Marina Vallarta, S.A. de C.V. and/or RGL Arrendadora de Inmuebles, S.A. de C.V. (individually and collectively, the “Company”).
2. The Company will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
3. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time, and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
4. By subscribing or otherwise using the service, you acknowledge and agree that the Company will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
5. To cancel your SMS subscriptions, text STOP to 29446 in reply to a text message you receive. You may receive a subsequent message confirming your opt-out request.
6. For additional help, text HELP to 29446 in reply to a text message you receive.
7. Message and data rates may apply.
8. Program Availability: Currently, the Program is only available to Members with an active Contract for Lodging Rights and Services with the Company, that are residents of the United States and Canada. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Program from countries outside of the U.S. and/or Canada. You agree to abide by U.S., Canadian, and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
9. Neither these terms and conditions nor any SMS messages sent pursuant to this service are in any way intended as, nor may they be construed as, an offer to sell or a solicitation of an offer to buy a timeshare, lodging rights, or any other product or service. Neither these terms and conditions nor any SMS message sent pursuant to this service may be construed to modify in any way your Contract for Lodging Rights and Services or any other contract.
10. These terms and conditions, the Company’s SMS service, and any use thereof shall be governed exclusively by Mexican law. Any dispute relating in any way to the SMS service or these terms and conditions shall be resolved exclusively in accordance with the dispute resolution provisions set forth herein. You acknowledge and agree that any claim, controversy, or dispute relating in any way to the SMS service, these terms, and conditions, or any related goods, services, amenities, or matters shall, unless voluntarily resolved by mutual agreement of the Company and you under the conciliatory procedures of Mexico’s Consumer Protection Agency, be resolved exclusively and finally under the Rules of Arbitration of the Arbitration Center of Mexico (CAM) by one arbitrator of Mexican nationality. The language in the arbitration proceedings shall be in Spanish. The place of the arbitration shall be Guadalajara, Jalisco, Mexico, and the applicable law shall be the law of Mexico, excluding its conflict of laws provisions. You agree that the courts of Guadalajara, Jalisco, Mexico shall have exclusive jurisdiction in any action to enforce or nullify the decision of the arbitrator, and you expressly waive any right to pursue any claim arising out of or related in any way to the Company’s SMS service or these terms and conditions in any other jurisdiction or venue that might otherwise be claimed by reason of any present or future domicile or otherwise.
11. Your privacy and the security of your personal data are very important to us. You can find more information about the treatment we give to your personal data or your rights in regard to your personal data as well as our full privacy policy at https://vidanta.com/web/guest/privacy-policy.
12. Questions / Support: You can contact us at customerservice@vidanta.com at any time, from your mobile phone, send a text message with the word “HELP” to 29446. You may also call our toll-free support line: 1-800-292-9446.