TERMS OF USE
Exclusive Resorts Club Management, LLC
Last revised: April 1, 2008
This web site ("Site") is owned and operated by Exclusive Resorts Club Management, LLC ("Exclusive Resorts" or the "Club"). Please feel free to browse this Site; however, your access to, and use of, this Site is subject to the following terms and conditions of use ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions.
Materials within these web pages, including all text, photography and images, are copyrighted and are either owned or licensed by Exclusive Resorts. The Site itself as a compilation is ® Exclusive Resorts Club Management, LLC, 2004-2009. All rights reserved.
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain inaccuracies or typographical errors.
Note about the Properties: The Exclusive Resorts Club properties and destinations described and/or depicted on the Site are illustrative of the destinations and properties available from time to time to members and are subject to change. The Club may add new properties and destinations to, and from time to time change and/or remove properties from, the Club's portfolio.
1. Use of Materials
This Site contains material which is protected by international copyright and trademark laws. No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that, unless otherwise specified on the Site with respect to particular materials, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep completely intact and unmodified all copyright and other proprietary notices. Reproduction, modification, creation of derivatives or any use of the Materials for any other purpose, including by caching, framing or similar means, is a violation of Exclusive Resorts' or its licensors' copyright, trademark and other proprietary rights and is expressly prohibited without the prior written consent of Exclusive Resorts. Exclusive Resorts shall not be liable for any errors or delays in the Materials or presentation thereof, or for any actions taken in reliance thereon. Exclusive Resorts reserves all legal rights and remedies available to it.
2. Limitation of Liability and Disclaimer of Warranty
YOUR USE AND BROWSING OF THIS SITE AND THE MATERIALS ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE. EXCLUSIVE RESORTS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RELEVANCE OR USEFULNESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. EXCLUSIVE RESORTS ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE.
NEITHER EXCLUSIVE RESORTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
3. Privacy Policy
Use of the Site is subject to Exclusive Resorts' posted privacy policy, which may be viewed at http://exclusiveresorts.com/PrivacyPolicy.aspx. Your use of the Site constitutes your acknowledgement of and agreement with the terms of the privacy policy.
4. Links to Third Party Materials
Exclusive Resorts may provide links ("Links") to Internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of Exclusive Resorts and the owners of such Links are not affiliated with Exclusive Resorts and do not necessarily sponsor or endorse this Site. Exclusive Resorts has not tested or verified the content, accuracy or opinions expressed on any Links and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links.
5. Indemnification
You agree to indemnify Exclusive Resorts and to hold Exclusive Resorts harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, this Site.
6. Governing Law; Jurisdiction; Venue
This Agreement shall be construed solely in accordance with the internal laws of the State of Delaware and the United States, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in the City and County of Denver, Colorado, or in the U.S. District Court for the District of Colorado, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto.
7. Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
8. General
Exclusive Resorts may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page ("Legal Page"). You are bound by any such revisions and should therefore periodically visit this Legal Page to review the current Terms and Conditions.
9. Contact Information
For general inquiries about the Site, you may contact Exclusive Resorts at:
Exclusive Resorts Club Management, LLC
1515 Arapahoe Street
Tower 3
Suite 300
Denver, CO 80202
800-447-8988
info@exclusiveresorts.com
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SERVICE MARK AND COPYRIGHT NOTICES
Service Mark Notice
This Web site contains the Exclusive Resorts name, Exclusive Resorts flower logo, “ER Compass” and other registered service marks of Exclusive Resorts, LLC. It also includes “There’s no place like together” and certain other unregistered service marks of Exclusive Resorts, LLC. These service marks and related proprietary property are protected from copying and simulation under national and international laws and may not be reproduced, copied, or otherwise used without the express prior written permission of Exclusive Resorts. The names of other companies and products mentioned herein may be the service marks or trademarks of their respective owners.
Copyright Notice
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on this site (the "Contents") are the exclusive property of Exclusive Resorts, unless otherwise noted, and, except as specifically provided herein, may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Exclusive Resorts.
Copyright © 2004-2009, Exclusive Resorts, LLC. All rights reserved.
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