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Terms and Conditions Of Use
Timeshare Donations and
Works of Life,
welcome you to our site,
www.timesharedonations.org (the “Site”), and asks that you
review the following terms and conditions, which are intended to
constitute a binding license agreement that governs your use of the
Site (“Agreement”). If you do not wish to be bound by this Agreement
after you have read it, please exit the Site. If you remain at the
Site, or return thereafter, you agree to be bound by this Agreement.
1. Conduct on Site.
You agree to observe all applicable laws while visiting the Site.
2. Copyright/Trademark
The trademarks, logos, service marks, and trade names (“Marks”)
displayed on the Site are the property of Timesharedonations.org and
other parties. You are prohibited from using any Marks for any
purpose including, but not limited to use as metatags on other pages
or sites on the World Wide Web without the written permission of
TimeShareDonations or any third party which may own the Marks. All
information and content, including any software programs available
on or through the Site (“Content”) is protected by copyright. You
are prohibited from modifying, copying, distributing, transmitting,
displaying, publishing, selling, licensing, creating derivative
works or using any Content available on or through the Site for
commercial or pubic purposes. You may not display the Site in
frames, or any of the Content via in-line links, without
TimeShareDonations express written permission, which may be
requested by contacting us.
3. Hyperlinking
The Site may provide a link to other sites that allows you to leave
the Site to access third-party material or the Site may bring
third-party material into the Site using available technology
(“Linked Site”). TimeShareDonations has no discretion to alter,
update, or control the content of any such Linked Site and is not
responsible for such content. Any hypertext links contained on the
Site shall not be construed as an endorsement, authorization,
sponsorship, or affiliation by TimeShareDonations of any such Linked
Site.
4. Disclaimer of Warranties
ALL CONTENT AND SERVICES ON THE SITE, OR OBTAINED FROM A LINKED
SITE, ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND
EITHER EXPRESS OR IMPLIED INCUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
5. Limitation of Liability
TIMESHAREDONATIONS.ORG SHALL HAVE NO RESPONSIBILITY OR OBLIGATIONS
WITH RESPECT TO THE FULFILLMENT OF RESERVATIONS MADE BY YOU THROUGH
THE SITE OR THE FULFILLMENT OF ANY SPECIAL RATES OR PACKAGES OFFERED
TO YOU BY A PARTICIPATING RESORT MANAGER, OWNER ASSOCIATION, REAL
ESTATE AGENCY, INDIVIDUAL CONDOMINIUM OWNER, OR OTHER MEMBER IN ITS
LISTING ON THE SITE. TIMESHAREDONATIONS SHALL NOT BE LIABLE TO YOU
FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THE SITE OR ANY
LOSSES YOU MAY INCUR. IN NO EVENT WILL TIMESHAREDONATIONS BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES,
INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US
ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
6. Digital Millennium Copyright Act
TimeShareDonations reserves the right to remove any Content on the
Site which allegedly infringes another person’s copyright. You may
direct a notice regarding any alleged copyright infringement on the
Site to Administration.
7. Linked Internet Sites
TimeShareDonations prohibits caching, hypertext links to the Site,
and the framing of any Content available through the Site, unless
specifically authorized by TimeShareDonations. TimeShareDonations
reserves the right to disable any unauthorized links or frames and
specifically disclaims any responsibility for the content available
on any other Internet sites that have linked to the Site. If you
access any other Internet sites that link to the Site, you do so at
your own risk.
8. Complete Agreement/Modifications
This Agreement constitutes the entire agreement between you and
TimeShareDonations relating to your access to and use of the Site
and supersedes any prior or contemporaneous representations or
agreements. Any rights not expressly granted by this Agreement are
reserved by TimeShareDonations. You agree that TimeShareDonations
may modify the terms of this Agreement in its sole discretion,
without advance notice, and that your right to access the Site is
conditioned on an ongoing basis with your compliance with the
then-current version of these Terms and Conditions of Use. You agree
that it is your responsibility to review this page periodically for
possible modifications.
9. Dispute Resolution/Jurisdiction
This Agreement shall be governed by the laws of the State of
California, without regard to conflicts of laws provisions. In the
event of any dispute between you and TimeShareDonations which arises
under this Agreement, the dispute shall be settled by arbitration in
accordance with the rules for commercial arbitration of the American
Arbitration Association in effect at the time the arbitration is
initiated. The arbitration hearing shall be conducted in the City of
Sacramento, CA, unless you and TimeShareDonations consent to a
different location. The decision of the arbitrator shall be final
and binding upon all parties to the arbitration. The prevailing
party shall be awarded all of the filing fees and related
administrative costs. Administrative costs include the costs of
subpoenas, depositions, transcripts and the like, witness fees,
payment of reasonable attorney's fees, and similar costs related to
collecting an arbitrator's award. An arbitrator's decision may be
entered in any jurisdiction in which assets exist to satisfy any
amounts due hereunder.
10. Construction
If any portion of this Agreement is ruled invalid or otherwise
unenforceable for any reason, it shall be deemed amended in order to
achieve as closely as possible the same effect as originally
drafted. Any invalid or unenforceable portion should be construed as
narrowly as possible in order to give effect to as much of the
Agreement as possible. |
