Explore Nayarit Terms of Use

The Basics

Thank you for using Explore Nayarit!

Let’s start with the basics: ExploreNayarit.com (the “website” or “we”) provides the general public (the “users”) with information about the coastal towns in Nayarit, Mexico. The content included on the Website is solely intended to assist Users in living, vacation planning and doing research about the general area. Explore Nayarit offers advertising (the “listings”) to hotel, vacation rental, business and real estate owners and/or managers (the “advertisers”). Users who attempt to rent directly from hotel/rental Advertisers via our Website (shall be called “renters”); Users who contact business Advertisers about a product or service (shall be called “customers”), and Users who attempt to buy real estate directly from an Advertiser (shall be called “buyers”). We also provide our Users with access to a bi-weekly newsletter (the “newsletter”), articles in our blog (the “blog”), an online event calendar (the “calendar”) and a community forum by the name of  Jaltemba Bay Folk (the “forum”).

Please read these Terms & Conditions (the “terms”) carefully. By using any part of ExploreNayarit.com; advertising your business, hotel, vacation rental or real estate on our website; renting from a hotel or vacation rental; contacting any advertiser about a product or service; reviewing or recommending a listing; subscribing to our newsletter (the “subscribers”); commenting on our blog; or posting on our forum (the “forum members”), you automatically agree to these terms. This is a legally binding agreement.

By using or accessing Explore Nayarit as a general User, Advertiser, Renter, Customer, Buyer, Newsletter Subscriber or Forum Member, you agree to the Terms & Conditions outlined here.

Reproducing any part of our Website (ExploreNayarit.com, Jaltemba Bay Folk forum, Calendar, Blog or Newsletter), including photos, artwork, maps, Listing content, text or other information without written permission is prohibited and subject to USA and Mexico copyright infringement law.

All businesses, hotels, vacation rentals and real estate are advertised and reserved directly by owners. Use of any content on our Website to contact Advertisers with unsolicited marketing or offers is expressly prohibited as detailed in our Disclaimer & User Policy here.

Copyright © 2010-2015 ExploreNayarit.com

Users

All hotels, vacation rentals, businesses and real estate listed on Explore Nayarit are advertised directly by owner, manager or agent. Users who attempt to rent from, buy from or contact any Advertiser, do so at the sole discretion of the User. Explore Nayarit cannot guarantee that rates or information posted by Advertisers are deemed accurate.

Renting

Qualification of all Renters is the sole responsibility of the Advertiser, property owner or agent. Confirmation of information published herein is the sole responsibility of the Renter.

Renters should be are aware that each property sets its own refund and cancellation policies. Explore Nayarit recommends that Renters ask for and receive a written notice of any refund/cancellation policy from the Advertiser before renting. And for added protection, we recommend the purchase of Trip Cancellation Insurance at the User’s own expense (ask your airline for details). Explore Nayarit is not responsible for the refund of rental fees for any reason. We suggest that Users protect their personal information when dealing with any Advertiser they don’t personally know.

Commenting & Posting

Users may write comments about articles on our Blog, post events on our Calendar and post information and questions on our Forum. Explore Nayarit reserves the right to remove or edit any comment, event or post if it contains other Users’ personal information, misleading or derogatory statements, vulgarity, sexual content or spam. Users who post vulgar or sexually explicit content will be banned from the Website.

Review & Recommendation Guidelines

Users are encouraged to write reviews for the hotels, rentals and businesses listed on Explore Nayarit. Please keep in mind that one negative comment can drastically affect the future of a business. If your stay/visit was not quite perfect, please email the owner/manager via the contact form on their Listing instead of writing a review.

Most businesses strive to offer the best customer experience possible and most are open to constructive criticism and suggestions. By focusing on the positive, residents and visitors can compare and make informed decisions about the hotels, rentals and businesses listed on this Website.

  • Reviews must be submitted within 6 months of the date of stay, visit or purchase.
  • Reviews must be submitted for the sole purpose of helping other locals and visitors in their trip planning and research.
  • Reviews should be genuine, relevant and beneficial to other travelers, renters and/or customers, and include only first-hand information (no hearsay, rumors or fake reviews).
  • Reviews that include threats, hateful or insulting remarks, defamatory comments or advertising will be removed immediately.
  • Do not use all caps, excessive punctuation, outside links, slang or objectionable language.
  • Reviews that make mention of any of our competitors or link to competitors’ websites will be removed.
  • Advertisers, owners and mangers may not review their own properties or post past reviews from other websites.
  • Users who post reviews must have actually stayed at a property or patronized a business listed on Explore Nayarit. Users may be asked to verify their identity, email address, contact information and/or provide proof or a receipt for their stay, visit or purchase. If the owner/manager cannot verify your stay/visit, the review will be removed.
  • Negative reviews may be held for up to 72+ hours to validate the information included.
  • By posting a review, the User agrees that their comments may be subject to legal action if the hotel or business feels that the User’s statements were meant to defame or damage their reputation or business.

Thank you for sharing your love of Nayarit and supporting our local hotels, rentals, restaurants and other businesses!

Note: The reviews posted on ExploreNayarit.com are individual and based on opinions. The opinions expressed in these reviews are not those of this Website, nor do we endorse them. We reserve the right to remove a review at any time for any reason.

Email Notifications, Inquiries and Newsletter

Explore Nayarit cannot guarantee that your email provider will deliver all emails sent from our Website (including our newsletter, advertiser inquiries and client emails) to your Inbox unless you follow all of the steps listed here:

  1. Add Allyson@ExploreNayarit.com to your email address book or email contact list.
  2. Check your Spam folder, Junk folder and Bulk Mail folder. If our emails go into your Spam, Junk or Bulk Mail folder you MUST adjust your spam filters (see #3).
    a) Hotmail Users: Because of Hotmail’s very strict anti-spam filters, many inquiries sent via our website may NOT make it to your Inbox (see #3).
    b) Gmail Users: Please also check your Social and Promotions tabs. If you find our emails there, simply drag the emails into your Inbox and click the pop-up window to repeat this action in the future.
  3. Adjust your Spam filters. Adjusting your spam filters can help ensure that emails will be delivered to your Inbox in the future (see How to Adjust your Spam Filters below).
  4. Advertisers: If you are not receiving email notifications for your inquiries and you have followed the steps listed here, you will need to login to the Client Dashboard daily to view your inquiries instead.

How to Adjust Email Spam Filters for Explore Nayarit

Some email servers may be filtering emails from Explore Nayarit to your Spam, Junk or Bulk Mail folder; or they could possibly be blocking them completely.

Increasingly, email companies use filtering systems to keep unwanted spam out of your email Inbox. But sometimes, they accidentally filter emails that you want to receive. If you’ve signed up to receive our bi-weekly newsletter, but haven’t seen a copy in your Inbox recently – or if you advertise on our website and are not receiving hotel, rental, business and/or real estate inquiries – these emails might already be in your Spam/Junk/Bulk Mail folder. If this is the case, there a few steps you can take to ensure your email server does not recognize future emails as junk mail.

Click on your Spam/Junk/Bulk Mail folder and open any email messages from Explore Nayarit. Then follow these instructions:

  1. Mark all emails from Explore Nayarit as “Not Spam.” To do this, go to your Spam/Junk/Bulk Mail folder and select the email that has been filtered to this folder. Once selected, click “Not Spam” above.
  2. Create a filter or rule that automatically places any email for both “Explore Nayarit” and “ExploreNayarit.com” in the subject in your Inbox.
  3. It is also important to regularly check your Spam/Junk/Bulk Mail folders.

You’ll find step-by-step instructions for creating filters/rules for the most popular email servers in the links below:

If you need help, please contact us.

Advertisers

Term of Advertising

The Term of your advertising is one-year (365 days) from the date of activation, unless otherwise noted. We will attempt to notify you via email within 14 days before your term expires. If you do not respond and/or renew your advertising, your Listing will automatically be deactivated on your expiration date. Advertisers can renew their Listing at any time (within one year), and their Listing will be reactivated when paid in full.

Account and Listing

Hotel, rental and business Advertisers must register for an Account to access any Listing(s) on Explore Nayarit. Once an Account is approved, the Explore Nayarit team will link it to any active Listings that are owned and/or managed by that Account. Registering for an Account allows Advertisers to access their current Listings, view their inquiries and make changes as needed.

Advertisers are responsible for keeping their Account name and password confidential. Explore Nayarit is not responsible for any losses due to stolen or hacked passwords. For security reasons, Explore Nayarit employees do not have access to your current password. If you have forgotten your password, we may only reset your password.

Changes to your Account

Advertisers may access their Listing at any time throughout their Term to update information, change photos, add deals, etc. If an Advertiser is not comfortable accessing their Account or Listing, Explore Nayarit agrees to make ONE set of changes for the Advertiser during their term for free. After that, we charge a $400 pesos/hour design fee.

For new or renewal Listings, Explore Nayarit will gladly make changes to any Listing at no cost for 30 days after the start/renewal date. Changes to text and an updated photo shoot are offered for free for new and renewal Listings.

Adding Outside/Reciprocal Links

Advertisers are not allowed to add business or personal website URLs, or links to public domains (Facebook, Twitter, Google, etc.), on their Listing on Explore Nayarit. However, we do understand the benefit of using reciprocal links. If an Advertiser is interested in adding a reciprocal link, please contact us for permission and the required text and HTML code. Once an Advertiser has placed the reciprocal link to ExploreNayarit.com (on the front page of their business or personal website), an Explore Nayarit employee will add a link (to said business or personal website) on the Advertiser’s Listing on Explore Nayarit.

What’s NOT Allowed

  • Do not post inaccurate, fraudulent or misleading information on your Listing or on any part of the Website.
  • Do not promote additional advertising on your Listing. This includes, but is not limited to, adding information or rates about extra rental units, taking reservations for units not listed on your Listing, or adding links to social media or other websites, etc.

We reserve the right to remove any Listing on Explore Nayarit if these actions occur.

The Fine Print

Disclaimer & User Policy for ExploreNayarit.com

Any other use of the Website (other than listed here) is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display, or derivative use of the Website nor any right of use of data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.

Unauthorized Use

Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow, Users may not do any of the following without our prior written consent:

  • Utilize any contact information (email addresses, telephone numbers, mailing addresses, etc.) of any Advertisers provided on the Website as a means to contact any individual or business with unsolicited offers or services;
  • Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content on this Website in any form whatsoever;
  • Reproduce any portion of the Website on your personal or business website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Website;
  • Reverse engineer any part of this Website;
  • Sell, offer for sale, transfer or license any portion of the Website in any form to any third parties;
  • Use any robot, spider, other automatic device or manual process to monitor, copy or keep a database copy of the content or any portion of the Website;
  • Use the Website other than to research and/or advertise and to make legitimate inquiries to our Users and Advertisers;
  • Use the Website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, 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;
  • Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
  • Use or access the Website in any way that, in our sole discretion, adversely affects the performance or function of the Website, or any other computer systems or networks used by us or the Website, or infringes on our copyright or any copyright of our Advertisers or Users;
  • Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
  • Upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
  • Disguise the origin of the information transmitted through the Website.

If a User is aware of; experiences any content, activity or communication through, or in connection with the Website that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that the User please inform us of any such violation by sending an email to Allyson@ExploreNayarit.com.

Explore Nayarit Limits of Liability

If the owners of Explore Nayarit are unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither the website or its owners can be held liable for any costs beyond the prorated costs paid by the Advertiser for the services which were not provided. Explore Nayarit does not guarantee that the Website will be available 100% of the time. By using or continuing to use the services of Explore Nayarit, you agree to the terms and conditions of this disclaimer.

Privacy Policy: Limitations of Use of Other User’s Information

All personal User information obtained by Explore Nayarit and its Advertisers via the Website, any Website-related communication or any Website-facilitated transaction, may only be used for: (a) any Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, (c) facilitating a financial transaction between an Advertiser and a User (such as an online booking or charging a personal credit card for products or services) and (d) any other purpose that a User expressly agrees to. In all cases, Advertisers must give Users an opportunity to remove themselves from any address book or database and given a chance to review any information collected about them.

In addition, under no circumstances, except as defined in this provision, can an Advertiser or User disclose personal information about another User to any third party without both the consent from Explore Nayarit, the Advertiser and the other User. All parties agree that any Users’ personal information may be used solely for communication purposes and in accordance with this provision. Further, Users agree to protect other Users’ personal information with care and keep information confidential, and Advertisers and Users assume all liability for the misuse, loss or unauthorized transfer of such information.

Spamming Policy

Explore Nayarit does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM). Explore Nayarit reserves the right to cancel (without refund) any user or advertiser that mentions Explore Nayarit or any of its associated websites, URLs or any associated Explore Nayarit email address in any SPAM email message or Usenet posting. Explore Nayarit is the sole judge in determining what constitutes SPAM.

User Privacy & Spam via Inquiries

It is the goal of Explore Nayarit to reduce the volume of SPAM delivered via the Business Information and Availability Request (Inquiry) Form. To that end, inquiries may be monitored and filtered by Explore Nayarit prior to delivery to Users. Inquiries may be read by Explore Nayarit employees. Despite Explore Nayarit filtering efforts, it is likely that some SPAM inquiries will be delivered anyway. It is also likely that some non-SPAM inquiries may not be delivered as a result of Explore Nayarit filtering efforts.

Rental and business inquires are delivered via internet email and are not to be considered private. Internet email delivery is not 100% reliable and Explore Nayarit cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries (see “Email Newsletter, Notifications and Inquiries” and “Adjusting your Spam Filters” above). Explore Nayarit, at its own discretion, may supply to potential renters the direct email address and or phone number of our Advertisers for the purpose of making a rental inquiry.

Pricing

All pricing on the Website is subject to change without notice. Advertisers are responsible for individual hotel, vacation rental, business and real estate pricing on their Listings. Explore Nayarit assumes no responsibility, nor offers any guarantee for prices posted on the Website.

Advertising & Posting Policies

Explore Nayarit reserves the right to reject or edit any advertising, review, comment or forum post submitted at our sole discretion. Once material has been submitted, edited and posted on the Website, it becomes the property of Explore Nayarit and its affiliated sites and may not be copied from the Website without written permission.

Local Rules & Regulations

Hotel, vacation rental and business owners are responsible for investigating and adhering to all local regulations including, but not limited to local taxes, permits, business licenses, occupancy taxes, and safety and zoning compliances that may apply to doing business here in Mexico. Please check with your local governing authorities for detailed information about rules and regulations.

By using or continuing to use the services of Explore Nayarit, you agree to the terms and conditions of this Disclaimer and User Policy.