1. Limitations on Use: This Web Site is owned and operated by Resort and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services (“Materials”) obtained from this Web site, except that user may view the Web Site content in its present form and user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other web site or networked computer environment is expressly prohibited. User recognizes that unauthorized use of Web Site content may subject user to civil or criminal liability
2. The Materials and this Web Site are the property of Resort or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by Resort to protect Resort’s contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Web site, this Web Site is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on this Web Site. Permission to use the copyrighted content on this Web Site for commercial purposes must be obtained through the prior written consent of Resort. Resort may withhold its consent for use of the copyrighted content for commercial purposes. Resort will strictly enforce its intellectual property rights under the copyright laws.
3. This Web Site is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names, and company names (the “Trademarks”) appearing on this Web Site are registered and unregistered Trademarks of the Resort. This Web Site contains some intellectual property rights belonging to third parties which are not affiliated with this Web Site. Any and all such intellectual property rights (including without limitation to trademarks, copyrights, logos, service marks, product names, and company names on this website) of these third parties are the property of their respective owners for which this Web Site, Web Site provider, and Web Site provider’s affiliated companies makes no claim including, but not limited to, ownership, profit sharing, and the like in relation to their intellectual property rights. All other trademarks, logos, service marks, product names, and company names on this Web Site are the property of their respective owners. Under no circumstances should anything appearing on this Web Site be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Web site. Licenses to use Trademarks appearing on this Web Site may be obtained through Resort’s prior written consent. Resort may withhold its consent. Misuse of Trademarks or any Materials comprising this Web Site is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Web Site. Any copied or downloaded content must retain all trademark and service mark notices. Resort will strictly enforce its intellectual property rights under the trademark laws.
4. The Materials published on this Web Site may include inaccuracies or typographical errors. Resort does not warrant or make any representations regarding the use or the results of the use of the Materials in this Web Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.
5. Resort makes no representations about the suitability of the materials contained on this Web Site for any purpose. THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS. RESORT MAKES NO WARRANTY OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEB SITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. RESORT MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEB SITE, OR THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE MATERIALS OR ANY PORTION OF THIS WEB SITE. RESORT MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL RESORT BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEB SITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS WEB SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF RESORT HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to indemnify and hold Resort, its officers, directors, employees, and agents, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees incurred by Resort in connection with your violation of third party’s rights) arising from your violation of these terms of service or any third parties rights
8. This Web Site may contain links to third-party Web sites. The links are provided solely as a convenience to you and not as an endorsement by Resort of the content on such third-party web sites. Resort does not control or guaranty the accuracy or integrity of the content located on linked third-party web sites. Resort is not responsible and assumes no liability for the information, content, or software of linked third-party web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party web sites. If you decide to access third-party web sites, you do so at your own risk.
9. You acknowledge that, in providing the Materials on this Web Site, Resort has relied upon your agreement to be bound by this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than expressly set forth herein. This Agreement and performance hereunder shall be governed by the laws of the State of California without regard to conflict of laws provisions, and applied to agreements entered into and completely performed in the State of California. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate State or Federal Court located in Orange County, State of California. You agree to submit to jurisdiction and venue in any State or Federal Court located in Orange County, State of California. This Agreement constitutes the entire agreement between you and Resort with respect to use of the Web Site.
10. This Agreement is only assignable by Resort.