WHAT YOU SHOULD KNOW
Welcome to the Consolidated Resorts, Inc. Web site (“Site”).
The goal of this Site is to provide you with access to all of Consolidated
Resorts, Inc. (“Consolidated”) high-quality vacation ownership
resorts and related links to meet your needs. Please read our Terms
of Use (the “Terms”) carefully before continuing on with
your use of this Site. These Terms shall govern the use of the Site
and apply to all Internet traffic visiting the Site. By accessing
or using this Site, you agree to the Terms. IF YOU DO NOT AGREE WITH
THESE TERMS, DO NOT USE THIS WEB SITE!!! Consolidated (referred to
herein as “CRI”, “we”, “us”, or
“our”) reserves the right, in its sole discretion, to
modify, alter or otherwise update these Terms at any time. Such modifications
shall be effective immediately upon posting. By using this Web Site
after we have posted notice of such modifications, alterations or
updates you agree to be bound by such revised Terms.
ELIGIBILITY
The Site is available only to individuals and entities that can
form legally binding contracts under applicable law. Without limiting
the foregoing, the Site and the services offered by the Site are
not available to minors. If you do not qualify, leave the Site and
do not use the Site. The Site and the materials located on or through
the Site are provided by us for informational purposes only, with
the understanding that we are, by the provision of these materials,
not engaged in the rendering of legal or other professional advice
or service. The information contained in or through the Site is
based upon sources believed to be accurate and reliable; and we
have exercised reasonable care to assure the accuracy of the information.
However, we make no representation or warranty as to such accuracy.
You should consult your own attorney or other appropriate professional
for advice concerning the terms and conditions of this Agreement
and/or compliance with any legal requirement.
RESTRICTIONS
All materials contained in the Site are the property of CRI, or
its subsidiaries or affiliated companies and/or third party licensors.
No material from the Site or any Internet site owned, operated,
licensed, or controlled by us or our affiliates may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way. For purposes of these terms, the use of any such material on
any other Web, Internet, intranet, extranet or other site or computer
environment is prohibited. All trademarks, service marks, trade
names and trade dress are proprietary to us. You may not frame or
utilize framing techniques to enclose any of our trademarks, logos,
or other proprietary information (including images, text, page layout,
or form) without our prior express written consent. You may not
use any meta tags or any other “hidden text” utilizing
our name, trademarks or other proprietary information without our
prior express written consent. We consider our trademarks to be
valuable assets, and take infringement of them seriously. In the
event you download software from the Site, the software, including
any files, images incorporated in or generated by the software,
and data accompanying the software (collectively, the “Software”)
are licensed to you by us or third party licensors for your use
in connection with the Site only. We do not transfer title to the
Software to you. You own the medium on which the Software is recorded,
but we (or third party licensors) retain full and complete title
to the Software and all intellectual property rights therein. You
may not redistribute, sell, de-compile, reverse engineer, disassemble,
or otherwise reduce the Software to a human-readable form.
INFORMATION COLLECTED
We automatically track, collect and compile User Information and
Transaction Data (as defined below) when you utilize the Site. For
purposes of this Agreement, the terms “User Information”
and “Transaction Data” shall have the meanings set forth
below and shall sometimes hereinafter be referred to collectively
as the “Information”:
(i) “User Information” shall mean information or data,
including registration, enrollment and profile data provided by
or obtained in connection with users prior to or after the date
you accept the terms of this Agreement (the “Acceptance Date”),
that identifies users of the Site.
(ii) “Transaction Data” shall mean information and data
characterizing, describing relating to or comprising use of, including
transactions (e.g., the sale and purchase of goods and services)
conducted in whole or in part over or through use of the Site, whether
such transaction was completed prior to or after the Acceptance
Date, including, without limitation, User Information relating to
parties to any such transactions.
We also automatically track and collect your IP address, domain
server, the type of computer and type of web browser you are using
and use “cookies” to (i) customize content specific
to your interests, (ii) ensure that you do not see the same advertisement
repeatedly and (iii) store your password so you do not have to re-enter
it each time you use the Site. For more information about “cookies”,
please review the "cookies" section below.
You agree that CRI shall own all Information. By accessing the
Site, you voluntarily, expressly and knowingly acknowledge and agree
with all of the foregoing and further agree to each and all of the
following:
(i) such Information belongs to CRI and is not personal or private
proprietary information;
(ii) such Information, wherever collected, may be processed, used,
reproduced, modified, adapted, translated, used to create derivative
works, shared, published and distributed by CRI in its sole and
absolute discretion in any media and manner irrevocably in perpetuity
in any location throughout the universe without royalty or payment
of any kind, without, however, any obligation by CRI to do so;
(iii) CRI does not represent, warrant, or guaranty the Information
or its processing, use, reproduction, modification, adaptation,
translation, derivation, sharing, publishing or distribution, including
without limitation the accuracy, reliability, security, or any other
feature relating thereto or its processing, use, reproduction, modification,
adaptation, translation, derivation, sharing, publishing or distribution;
(iv) CRI will try to provide you a way to review, correct or update
the User Information you give CRI directly, but cannot guaranty
that such will be possible or that changes will be reflected throughout
all uses of such Information; and
(v) you represent and warrant that you have the right to give such
Information to CRI and that such Information is not libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights of
any party, or otherwise give rise to liability or violate any law.
You hereby represent and warrant to CRI that there are no agreements,
either written or oral, between you and any party in which you grant
or are granted exclusive ownership rights in and to the Information
nor are there any agreements, either oral or written, between you
and any party that would prohibit CRI from asserting the ownership
rights, or impair in any way CRI’s ownership rights, in and
to the Information as contemplated by this Agreement. Facts relating
to use of the Site, and any Information (including the Information)
submitted in connection with your use of the Site, are not confidential
or private. Please note that when you use the Site, you are agreeing
to the use of certain information about such use. Also, when you
submit information (including the Information) to us in your use
of the Site, you thereby (i) represent and warrant that such information
is complete, truthful, and accurate, that you own all rights in
such information, that the information, if applicable, is entirely
your own original, unpublished work, is not based in whole or in
part upon any pre-existing work or work of any other person, does
not violate or infringe in any way any copyright, trademark, trade
name, service mark or any other statutory, common law or other proprietary
or personal right or interest, is not abusive, obscene, profane,
sexually explicit, threatening or illegal, and you agree to indemnify,
defend and hold the Indemnified Parties (as defined below) harmless
from and against any such claim and relinquish, release and assign
to us all rights in and title to such information, (ii) acknowledge
that you (and not the Indemnified Parties) are solely liable for
any damage resulting from infringement of copyrights, proprietary
rights, or any other harm arising from their submission and our
subsequent use of the information, and (iii) automatically grant
us a worldwide, royalty-free, exclusive right and license to use,
reproduce, publish, distribute and such information (in whole or
in part, in any media now known or used or heretofore known or used
at any time, and in perpetuity), although you acknowledge that we
have no obligation whatsoever to use, reproduce, publish, distribute
or display the information. Further, we reserve the right to monitor
and review transmissions, use any information related to such use
to ensure that our policies are followed and otherwise as a necessary
incident to the provision of the Site or to protect our rights and
property. We may also monitor and review stored transmissions without
restriction and you hereby acknowledge and consent to such monitoring.
You further acknowledge that passwords are known to us. If you use
the Site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password.
SUBMISSIONS
We are pleased to hear from our users and welcome your comments
regarding the Site and the products and services offered in connection
therewith. Unfortunately, however, our long-standing company policy
does not allow us to accept or consider creative ideas, suggestions,
or materials other than those that we have specifically requested.
We do value your feedback on the Site and the services and projects
offered in connection therewith, we request that you be specific
in your comments with respect to the same, and not submit any creative
ideas, suggestions, or materials unless specifically requested by
us.
If, at our request, you send certain specific submissions or, despite
our request, you send us creative suggestions, ideas, notes, drawings,
concepts, or other information (collectively, the “Submissions”),
the Submissions shall be deemed, and shall remain, our property.
None of the Submissions shall be subject to any obligation of confidence
on our part and we shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, we shall
exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
“Forum” means the e-mail function offered as part of
the Site. If you participate in a Forum within the Site you must
not: (i) defame, abuse, harass or threaten others; (ii) make any
bigoted, hateful or racially offensive statements; (iii) advocate
illegal activity or discuss illegal activities with the intent to
commit them; (iv) post or distribute any material that infringes
and/or violates any right of a third party or any law; (v) post
or distribute any vulgar, obscene, discourteous or indecent language
or images; (vi) advertise or sell to, or solicit others; (vii) use
the Forum for commercial purposes of any kind other than to facilitate
a transaction on the Site; or (viii) post or distribute any software
or other materials which contain a virus or other harmful component.
You shall remain solely responsible for the content of your messages
and shall indemnify and hold the Indemnified Parties harmless for
the content of such messages. We reserve the right to remove or
edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
materials expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, publicly perform and display, create derivative
works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called
“moral rights” in those materials have been waived.
LINKS
Consolidated links to other sites we think may be of interest to
you are provided for your convenience. By providing these links,
we are not endorsing, sponsoring or recommending such sites or the
materials disseminated by or services provided by them, and are
not responsible for the materials, services or other situations
at or related to or from any other site.
Please exercise discretion while browsing the Internet and using
the Site. You should be aware that when you are using the Site,
you could be directed to other sites that are beyond our control.
There are links to other sites from the Site pages that take you
outside of the Site. For example, if you “click” on
a banner advertisement or a search result, the “click”
may take you off the Site. This includes links form advertisers,
sponsors, and content partners that may use our logo(s) as part
of a co-branding agreement. These other sites may send their own
cookies to users, collect data, solicit personal information, or
contain information that you may find inappropriate or offensive.
In addition, advertisers on the Site may send cookies to users that
we do not control.
We reserve the right to disable links from any third party sites
to the Site.
We make no representations concerning the content of sites listed
in any of the Site’s directories. Consequently, we cannot
be held responsible for the accuracy, relevancy, copyright compliance,
legality or decency of material contained in sites listed in any
search results or otherwise linked to a Site.
Please keep in mind that whenever you give out information online,
that information can be collected and used by people you don’t
know. We cannot guarantee the security of any information you disclose
online; you make such disclosures at your own risk.
DISCLAIMERS
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA,
AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION
RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF
THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT,
SERVICES AND MATERIALS IN THE SITE ARE PROVIDED “AS IS”
AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING
THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES,
CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE
MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCUARCY, CAPABILITY, SUFFICIENCY,
SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY
OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO
NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR
FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE, SERVICES, CONTENT, MATERIALS OR OTHER SERVERS THAT
MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCUATE OR
COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS,
FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable
for any damages related to such matters, your sole and exclusive
remedy will be limited to reimbursement for services or products
paid by you to the entity held liable which were not provided by
such entity. You hereby waive any and all rights to bring any claim
or action related to such matters in any forum beyond one (1) year
after the first occurrence of the kind of act, event, condition
or omission upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from
the Site. We cannot ensure that you will be satisfied with any products
or services that you purchase from the Site or from a third-party
site that links to or form the Site or third party content on the
Site. We do not endorse any of the merchandise, nor have we taken
any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do
not make any representations or warranties as to the security of
any information (including, without limitation, credit card and
other person information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against the Indemnified
Parties with respect to such sites and third party content. We strongly
encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric,
electronic, network, Internet, computer, hardware or software program
malfunctions, failures, delays or difficulties, or late, lost, stolen,
illegible, incomplete, garbled, misdirected, mutilated or postage
due mail, e-mail, form postings, connections, messages or entries,
or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect
or inaccurate entry information, whether caused by Internet users
or by any of the equipment or programming associated with or utilized
in the Site or by any technical or human error which may occur in
the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site
if in our sole and absolute discretion you show a disregard for
this Agreement or act in an unsportsmanlike manner, with the intent
to annoy, abuse, threaten, or harass any other person, or in any
other disruptive manner. We also reserve the right to refuse service,
terminate accounts, remove or edit content or cancel orders in our
sole and absolute discretion.
If for any reason any portion of the Site is not capable of running
as planned, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other
causes beyond the reasonable control of CRI which corrupt or affect
the administration, security, fairness, integrity, or proper conduct
of the Site, we reserve the right (but not the obligation) in our
sole and absolute discretion, to prohibit you and any member, buyer
or supplier (and all of your and their Information) from using the
Site, and to cancel, terminate, modify or suspend the Site or any
portion thereof and void such Information.
You also agree that the Indemnified Parties are not responsible
or liable in any way for injury, loss or damage to your computer
or interception or use of credit card information, related to or
resulting from use of the Site or any sites, services or materials
linked or related thereto or therefrom and also are not responsible
or liable in any way for any injury, loss, claim or damage relating
to or resulting from any part of the Site operating or not operating
on computers or networks used by you or communicating with such
computers or networks.
To the extent we list or link to third party products or services,
our site acts as the venue for suppliers to sell products and services
(or, as appropriate, solicit offers to buy) and buyers to purchase
such products and services. We are not involved in the actual transaction
between buyers and suppliers. As a result, we have no control over
the quality, safety or legality of the items advertised, the truth
or accuracy of the listings, the ability of suppliers to sell items
or the ability of buyers to buy items. We cannot ensure that a buyer
or supplier will actually complete a transaction.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711):
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION
OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO
THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION,
E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK
SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION,
OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE,
OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED
BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF
ANY KIND AND USERS SHOULC NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT
NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE
SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER
WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY
ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE
SITE.
Search and Directory are free services which may be offered in
connection with the Site. Because the Web changes constantly, no
search engine technology can possibly have all accessible sites
at any given time. Thus, we explicitly disclaim any responsibility
for the content or availability of information contained in any
search index or directory offered in connection with the Site.
The Site may contain technical inaccuracies or typographical error
or omissions. Consolidated is not responsible for any typographical,
photographic, technical or pricing error listed on our Site. Consolidated
reserves the right to make changes, corrections and/or improvements
to the Site, and to the products and programs described in such
information, at any time without notice.
We reserve the right to cancel or modify reservations where it
appears that a customer has engaged in fraudulent or inappropriate
activity or under other circumstances where it appears that the
reservations contain or resulted from a mistake or error.
Your participation in this offer indicates your express permission for Consolidated Resorts or its affiliates to contact you at the provided telephone numbers.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your password and account and for all activities that occur under
your account. You hereby indemnify, defend and hold us and each
of our owners, partners, subsidiaries, affiliates, and each of such
person’s or entities’ officers, directors, agents, contractors,
subcontractors, guests, residents, visitors, licensees, invitees,
permitees and employees (collectively, the “Indemnified Parties”)
harmless from and against any and all allegations, demands, claims,
liabilities, damages, fines, penalties or costs of whatsoever nature
(including reasonable attorneys’ fees) and whether by reason
of death of or injury to any person or loss of or damage to any
property or otherwise (“Claims”) arising out of or in
any way connected with this Agreement, the services or products
provided to you by the Site or any related act or failure to act
by you and whether or not occasioned or contributed to by the negligence
of CRI or any agent or employee of the Indemnified Parties or any
of them (except as and to the extent prohibited by applicable law)
or Claims arising from you account, including, without limitation,
any claims related to infringement by you of the intellectual property
rights of any person, including without limitation, copyright, patent,
trade secret, trade mark, artist rights, droit moral, privacy, publicity
or rights under other intellectual property laws. In the event that
any Claim is made or any action or proceeding is brought against
the Indemnified Parties, or any of them, arising out of or connected
with this Agreement, any such Indemnified Party may, by reasonable
notice to you, require you, at your expense, to resist such Claim
or take over the defense of any such action or proceeding and employ
counsel for such purpose, such counsel to be subject to the prior
written approval of such Indemnified Party, which approval shall
be deemed to have been given hereby in the case of counsel acting
for your insurance underwriters engaged in such resistance or defense.
You shall cooperate with us in the defense of any Claim. We reserve
the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF
YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE
UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS
OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION,
WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE
DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS,
SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED
THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND ESCLUSIVE REMEDY SHALL
BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN
ACCOURDANCE WITH THE TERMS HEREOF.
RELEASE
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE
INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM
AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT
TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS,
LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND
CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY,
REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR
FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE
OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO
OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT
LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES,
CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE
THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION
ATTORNEYS’ FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY
CONNECTED WITH THE USE OF THE SITE.
Because we are not involved in the actual transaction between buyers
and suppliers, if applicable, in the event that you have a dispute
with one or more users, you also on behalf of yourself, your predecessors,
if applicable, and each of their present and former officers, employees,
directors, shareholders, parents, subsidiaries, alter egos, affiliates,
partners, agents, attorneys, accountants, heirs, executors, administrators,
conservators, successors and assigns, as applicable, hereby fully
and forever releases and discharges the Indemnified Parties, from
any and all claims, demands, liens, actions, agreements, suits,
causes of action, obligations, controversies, debts, costs, attorneys’
fees, expenses, damages, judgments, orders and liabilities of whatever
kind or nature in law, equity or otherwise, whether now known or
suspected which have existed or may have existed, or which do exist
or which hereafter can, shall or may exist, based on any facts,
events or omissions occurring from any time on or prior to the execution
of this Agreement which arise out of, concern, pertain or relate
in any way to this Agreement or the Site. You also acknowledge that
there is a possibility that subsequent to the execution of this
Agreement, you will discover facts or incur or suffer claims which
were unknown or unsuspected at the time this Agreement was executed,
and which if known by it at that time may have materially affected
its decision to execute this Agreement. You acknowledge and agree
that by reason of this Agreement, and the release contained in this
section of this Agreement, you are assuming any risk of such unknown
facts and such unknown and unsuspected claims. You have been advised
of the existence of Section 1542 of the California Civil Code (“Section
1542”), which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this release shall constitute
a full release in accordance with its terms. You knowingly and voluntarily
waive the provisions of Section 1542, as well as any other statute,
law or rule of similar effect. In connection with such waiver and
relinquishment, you acknowledge that you are aware that you may
hereafter discover claims presently unknown or unsuspected, or facts
in addition to or different from those which you now know or believe
to be true, with respect to the matters released herein. Nevertheless,
it is your intention, through this Agreement, and with the advice
of counsel, fully and finally settle and release all such matters,
and all claims relative thereto, which do now exist, may exist,
or have existed between and among the parties hereto, including
the Indemnified Parties. You hereby acknowledge that you have been
advised by your legal counsel, understand and acknowledge the significance
and consequence of this release and of this specific waiver of Section
1542 and other such laws.
JURISDICTION
The products and/or services described in and available through
the Site may not be available in your state or country. We make
no representation that the services or products offered in the Site
are appropriate or available for use in any particular location.
Those who choose to access the Site do so on their own initiative
and are responsible for compliance with local laws, if and to the
extent local laws are applicable. If use of the Site and/or viewing
or use of any material or content therein or services offered thereby
violates or infringes any applicable law in your jurisdiction(s),
you are not authorized to view or use the Site and must exit immediately.
Your viewing and/or use of the Site constitutes your representation
that you are unconditionally and without limitation permitted to
view and use the Site and the Indemnified Parties may rely upon
such representation. The Site is operated from the United States
and it is possible that some Software from the Site may be subject
to United States export controls. No Software from the Site may
be downloaded or otherwise exported or reexported (i)into (or to
a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country subject to a U.S. or U.N. embargo or
sanction; or (ii) to anyone on the US Treasury Department’s
list of Specially Designated Nationals or anyone subject to the
same or similar restrictions even if not listed or the US Commerce
Department’s Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any of the above restricted lists or subject to such
restrictions.
ACCESS AND INTERFERENCE
You will not use an automatic device such as a robot, spider, or
manual process to monitor or copy the Site or the contents or information
(including the Information) contained therein without our prior
express written consent. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the Site or any transaction being conducted through
the Site. You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content (except
for any Information in which you have an ownership interest) from
the Site without our prior express written consent or the appropriate
third party. The information (including the Information) you provide
to us (i) shall not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information; and (ii)
shall not create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers.
NO AGENCY
You and CRI are independent contractors, and no agency, partnership,
joint venture, or employee-employer relationship is intended or
created by this Agreement.
TERMINATION
These terms are effective until terminated by either party. You
may terminate these terms at any time by discontinuing use of the
Site and destroying all materials obtained from any and all such
sites and all related documentation and all copies and installations
thereof, whether made under the terms of this Agreement or otherwise.
Your access to the Site may be terminated immediately without notice
from us if in our sole and absolute discretion you fail to comply
with any term or provision of this Agreement. Upon termination,
you must cease use of the Site and destroy all materials obtained
from such site and all copies thereof, whether made under the terms
of this Agreement or otherwise. Notwithstanding the termination
of this Agreement, you acknowledge and agree that those rights and
obligations which by their nature are intended to survive the termination
of this Agreement in order to be fully operative, shall survive
the termination of this Agreement including, without limitation,
the following provisions hereof: (i) Restrictions on Use of Materials;
(ii) Use and Ownership of Information Collected; (iii) Submissions;
(iv) Disclaimers; (v) Indemnification; (vi) Limitations on Liability;
(vi) Release; (vii) Access and Interference; (viii) Notice and Procedure
for Making Claims of Copyright Infringement; (ix) Forum; (x) No
Agency; and (xi) Compliance with Laws.
GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of the Site and your solicitation
of offers to purchase and/or sell products and/or services. This
Agreement shall be governed by and construed in accordance with
the laws of the State of Nevada, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity
arising out of or relating to the terms of this Agreement shall
be filed only in the state or federal courts located in Clark County,
Nevada and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If
any provision of this Agreement shall be 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. This is the entire agreement between
us relating to the subject matter herein and shall not be modified
except as otherwise set forth herein. No waiver of any term, provision
or condition of this Agreement, whether by conduct or otherwise,
in any one or more instances, shall be deemed to be, or shall constitute,
a waiver of any other term, provision or condition hereof, whether
or not similar, nor shall any waiver constitute a continuing waiver
of any such term, provision or condition hereof. No waiver shall
be binding unless executed in writing by the party making the waiver.
You agree that you will execute and deliver to us, in recordable
form if necessary, such further documents, instruments or agreements,
and shall take such further action, that may be necessary or appropriate
to effectuate the purposes of this Agreement.
DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and
authority to agree to the terms of this Agreement on behalf of yourself
and the member, buyer or supplier participating in the Site. You
further agree that your use constitutes an electronic signature
as defined by the Electronic Signatures in Global and National Commerce
Act (“E-Sign”) and the Uniform Electronic Transactions
Act (“UETA”) and that you have formed, executed, entered
into, accepted the terms of and otherwise authenticated this Agreement
and acknowledged and agreed that this Agreement is an electronic
record for purposes of E-Sign, UETA and the Uniform Computer Information
Transactions Act and as such is completely valid, has legal effect,
is enforceable, and is binding on, and non-refutable by you and
the member, buyer of supplier on whose behalf you are acting.
ATTACHMENT 1
Cookies
· What Are Cookies?
· How We Issue and Use Cookies
· Your Choice to Accept or Deny Cookies
What are Cookies?
· “Cookies” are pieces of electronic information
(specifically, a string of text) that your browser and your operating
system store on your hard drive for record-keeping purposes.
· Cookies can store a user’s ID and password, personalize
home pages, identify which parts of a site have been visited or
keep track of previous selections or purchases.
· Cookies can enhance the user’s visit.
· The use of cookies is an industry standard - you’ll
find them at most major commercial websites.
HOW WE ISSUE AND USE COOKIES
· We issue and use cookies to enhance your visit, and the
services we offer on the site. The site consists of thousands of
pages of content. We want you to be able to find the information
and offers that interest you, as quickly and easily as possible.
The use of cookie technology helps us to achieve that objective.
· We issue and use cookies to keep track of the areas of
the site which interest our visitors most. In doing so, we can determine
areas of the site that are most popular and those that are not.
Many improvements and updates to the site are based on such data
as total number of visitors and pages viewed. This information is
most easily tracked with cookies.
· Visitors to the Site who accept cookies may be presented
with targeted messages, offers and ads on the site and via e-mail
that we believe would be of value, based on observed preferences.
· If you have registered as a member of the Site and accept
cookies, we are enabled to be custom tailored for your personal
preferences, and it is easier and faster to take advantage of the
Site’s benefits.
· If you have submitted your e-mail address, you may receive
targeted messages we believe you will find of value. Remember, you
may request to be removed from your e-mail subscription lists.
YOUR CHOICE TO ACCEPT OR DENY COOKIES
You can choose whether to accept or deny cookies; your browser on
your computer is often initially set to accept cookies.
However, you can choose to deny cookies and continue browsing the
site. Keep in mind that your choice to accept or deny a cookie is
different from your choice to accept/deny e-mail messages from us.
Your browser developer determines how to set your cookies preferences:
Netscape Navigator 3: Select Network Preferences from the Options
menu. From the Network Preferences menu, select the Protocols tab
and modify your preference if you wish to be warned before accepting
cookies.
Netscape Navigator 4.0+ / Communicator: Select Preferences from
the Edit menu. From the Preferences menu, select Advanced, and several
options for cookies will be listed in the lower right of the menu.
Additionally, you may select Help for more details.
Microsoft Internet Explorer 3 / AOL: Select Options from the View
menu. Choose the Advanced menu to modify your preference if you
wish to be warned before accepting cookies.
Microsoft Internet Explorer 4: Select Options from the View menu.
Choose the Advanced menu and scroll to the section labeled “Cookies”,
where several options are listed.
Your browser and/or your operating system may also allow you to
delete accumulated cookies and other use information, such as cached
pages, temporary files and use history. See your browser and/or
operating system help files and manuals for details.
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