|
TERMS
OF USE
WHAT YOU SHOULD KNOW
Welcome to the eDiscovery Vacations web site (the “Web Site”).
The goal of this Web Site is to provide you with access to comprehensive
information about Fairfield vacation ownership and related products/services.
Please read our Terms of Use (the “Terms”) carefully before continuing
on with your use of this Web Site. These Terms shall govern the
use of the Web Site and apply to all Internet traffic visiting the
Web Site.
By accessing or using this Web Site, you agree to the Terms. The
Terms are meant to protect all of our Web Site visitors and your
use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
Fairfield Resorts, Inc. 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.
In accordance with our goals, this Web Site will permit you to
link to many other web sites, that may or may not be affiliated
with this Web Site and/or Fairfield Resorts, Inc., and that may
have terms of use that differ from, or contain terms in addition
to, the terms specified here. Your access to such web sites through
links provided on this Web Site is governed by the terms of use
and policies of those sites, not this Web Site.
PRIVACY
Registration data and certain other information about you is subject
to our Privacy Policy. For more information, please review our full Privacy Policy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by Fairfield Resorts, Inc.,
8427 South Park Circle, Orlando, Florida 32819. All content on this
Web Site, including, but not limited to, text, images, illustrations,
audio clips and video clips, is protected by copyrights, trademarks,
service marks and/or other intellectual property rights (which are
governed by U.S. and worldwide copyright laws and treaty provisions,
privacy and publicity laws, and communication regulations and statutes),
and are owned and controlled by Fairfield Resorts, Inc. or its affiliates,
or by third party content providers, merchants, sponsors and licensors
(collectively “Providers”) that have licensed their content or the
right to market their products and/or services to Fairfield Resorts,
Inc.. Content on this Web Site or any web site owned, operated,
licensed or controlled by the Providers is solely for your personal,
non-commercial use. You may print a copy of the content and/or information
contained herein for your personal, non-commercial use only, but
you may not copy, reproduce, republish, upload, post, transmit,
distribute, and/or exploit the content or information in any way
(including by e-mail or other electronic means) for commercial use
without the prior written consent of Fairfield Resorts, Inc. or
the Providers. You may request consent by faxing a request to Fairfield’s
Legal Department at 407-370-5222. Without the prior written consent
of Fairfield Resorts, Inc. or the Providers, your modification of
the content, use of the content on any other web site or networked
computer environment, or use of the content for any purpose other
than personal, non-commercial use, violates the rights of the owners
of the eDiscovery Vacations and/or the Provider copyrights,
trademarks or service marks and other proprietary rights, and is
prohibited. As a condition to your use of this Web Site, you warrant
to Fairfield Resorts, Inc. that you will not use our Web Site for
any purpose that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic
or profane material. If you violate any of these Terms, your permission
to use our Web Site immediately terminates without the necessity
of any notice. Fairfield Resorts, Inc. retains the right to deny
access to anyone at its discretion for any reason, including for
violation of these Terms. You may not use on your web site any trademarks,
service marks or copyrighted materials appearing on this Web Site,
including but not limited to any logos or characters, without the
express written consent of the owner of the mark or copyright. You
may not frame or otherwise incorporate into another web site any
of the content or other materials on this Web Site without prior
written consent of Fairfield Resorts, Inc.
LINKS
This Web Site may contain links to other web sites ("Linked Sites").
The Linked Sites are provided for your convenience and information
only and, as such, you access them at your own risk. The content
of any Linked Sites is not under Fairfield Resorts, Inc.’s control,
and Fairfield Resorts, Inc. is not responsible for, and does not
endorse, such content, whether or not Fairfield Resorts, Inc. is
affiliated with the owners of such Linked Sites. You may not establish
a hyperlink to this Web Site or provide any links that state or
imply any sponsorship or endorsement of your web site by Fairfield
Resorts, Inc., or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED
BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION,
Fairfield Resorts, Inc. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Fairfield
Resorts, Inc., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS
ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. Fairfield Resorts, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS
WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY
INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT
TO YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT USE OF THIS
WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT Fairfield Resorts, Inc.)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Fairfield Resorts,
Inc., NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS),
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON
OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY
WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL,
PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE
OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Fairfield Resorts, Inc. AND RELATED PERSONS AND ENTITIES SHALL NOT
BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON
OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING
ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Fairfield
Resorts, Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Fairfield Resorts,
Inc.’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fairfield Resorts,
Inc. and the Providers, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Fairfield Resorts, Inc. and its
Providers, its and their officers, directors, employees, affiliates,
agents, licensors, and suppliers. Each of these individuals or entities
shall have the right to assert and enforce these Terms directly
against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site
is presented solely for your convenience and/or information. This
Web Site is controlled and operated by Fairfield Resorts, Inc. from
its offices within Orlando, Florida. Fairfield Resorts, Inc. makes
no representation that content in its Web Site is appropriate or
available for use in other locations. Those who choose to access
this Web Site from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the
extent local laws are applicable. You may not use or export the
materials in this Web Site in violation of U.S. export laws and
regulations. These Terms shall be governed by, construed and enforced
in accordance with the laws of the State of Florida, as they are
applied to agreements entered into and to be performed entirely
within such State. Any action you, any third party or Fairfield
Resorts, Inc. brings to enforce these Terms, or in connection with
any matters related to this Web Site, shall be brought only in either
the state or Federal courts located in Orange County, Florida, and
you expressly consent to the jurisdiction of said courts. If any
provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from
these Terms and shall not affect the validity and enforceability
of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between Fairfield
Resorts, Inc., its affiliated or related entities, and you, and
supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these
Terms and any future published terms of use or understanding, the
last published Terms or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
BY Fairfield Resorts, Inc.
|