Effective Date: March 2026
Welcome to the website and services of CABANA Resort & Spa (the "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website (discovercabana.com), our resort and residential facilities in Bonita Springs, Florida, and all associated services and products. By accessing or using our website, services, or facilities, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.
Your use of the CABANA Resort & Spa website, services, and facilities constitutes your acceptance of these Terms and any other operating rules, policies, and procedures we may publish from time to time. We reserve the right to modify these Terms at any time. Continued use of our services following notification of changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for updates.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for lawful, personal, non-commercial purposes only. You agree not to:
All content on our website, including text, graphics, images, photographs, video, audio, logos, trademarks, designs, and software (collectively, "Content"), is the exclusive property of CABANA Resort & Spa, our partners, or our content licensors. The Content is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of our Content is prohibited.
You may view, download, and print content from our website for your personal, non-commercial use, provided you retain all copyright and proprietary notices. Any other use of our Content without express written permission is prohibited.
CABANA, CABANA Resort & Spa, and all associated logos and trademarks are trademarks of the Company or our partners. You may not use these trademarks without our prior written consent.
If you submit, post, or upload any content to our website or services (such as reviews, testimonials, or comments), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you own all rights to the content you submit and that it does not infringe any third-party rights. We reserve the right to remove any user-generated content that violates these Terms or is inappropriate.
If you create an account on our website, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and password. You agree to notify us immediately of any unauthorized use of your account.
You are responsible for all activities that occur under your account, whether authorized or unauthorized. The Company will not be liable for any loss or damage resulting from your failure to safeguard your account information.
We reserve the right to suspend or terminate your account at any time, for any reason, with or without notice, including for violation of these Terms or any applicable law.
Reservations for accommodations, amenities, or services are subject to availability and confirmation. We reserve the right to decline or cancel any reservation at our sole discretion. All bookings are non-refundable unless otherwise specified in the reservation confirmation or our cancellation policy.
You agree to pay all charges associated with your reservation or purchase. Payment must be received by the deadline specified in your confirmation. We accept major credit cards and other payment methods as indicated on our website. All prices are subject to applicable taxes and fees.
Cancellations must be made according to the cancellation policy specified in your reservation confirmation. Cancellations made outside the specified timeframe may result in forfeiture of your deposit or full payment. We are not responsible for any losses incurred due to cancellations or non-arrival.
Information provided about properties, amenities, and developments at CABANA Resort & Spa is for informational purposes only. We make no warranties regarding the accuracy, completeness, or timeliness of such information. Renderings, floor plans, and specifications are subject to change without notice.
Real estate investment involves risk. Past performance does not guarantee future results. Information about investment opportunities should not be construed as financial, legal, or tax advice. We strongly encourage you to consult with qualified financial, legal, and tax professionals before making any investment decisions.
The Company makes no representations or warranties regarding future appreciation, rental income, occupancy rates, or investment returns associated with properties at CABANA Resort & Spa.
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. USE OF OUR WEBSITE AND SERVICES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, CABANA RESORT & SPA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless CABANA Resort & Spa, its owners, operators, agents, and employees from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Our website may contain links to third-party websites and services that are not operated or controlled by us. We are not responsible for the content, accuracy, or practices of external sites. Use of third-party services is at your own risk and subject to their terms of service and privacy policies. We encourage you to review their terms before engaging with their services.
You agree not to engage in any of the following activities:
Your use of CABANA Resort & Spa facilities, including amenities, pools, spas, restaurants, and recreational areas, is at your own risk. You assume all risks associated with activities at our resort, including bodily injury, property damage, or death. The Company is not responsible for accidents, injuries, or property damage occurring at our facilities, unless resulting from our negligence or willful misconduct.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree that any dispute arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida. You waive any objection to venue or inconvenient forum in these courts.
Before initiating legal proceedings, you agree to attempt to resolve any dispute informally by contacting us. If informal resolution fails, you agree to submit the dispute to binding arbitration administered by the American Arbitration Association, with proceedings conducted in Bonita Springs, Florida. Arbitration shall be conducted under the AAA's Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
These Terms, together with our Privacy Policy and any other terms or policies referenced herein, constitute the entire agreement between you and the Company regarding your use of our website and services. These Terms supersede all prior agreements, understandings, and negotiations.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision must be in writing and signed by an authorized representative of the Company.
If you have questions about these Terms of Service, wish to report a violation, or need to contact us, please reach out:
CABANA Resort & Spa
Email: hello@discovercabana.com
Location: Bonita Springs, Florida
We reserve the right to update these Terms at any time. The "Effective Date" at the beginning of this document indicates when these Terms were last updated. We will notify you of material changes by posting a notice on our website or sending you an email. Your continued use of our website and services following notification of changes constitutes your acceptance of the updated Terms.
BY ACCESSING AND USING THIS WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DISCONTINUE USE IMMEDIATELY.