Welcome to
the RCI, LLC (operating
as Resort Condominiums International, LLC in CO, IN, NC, NJ, NV and OH)
("RCI") PA
Processing Web site ("Web Site").
RCI provides and
makes available this Web Site subject to the following terms of use
("Terms"). These Terms explain a contractual agreement between you
("user,"
"you,"
"your") and
RCI regarding your
use of this Web Site. You should print a copy of these Terms for your records.
Please note, however, that RCI may update and amend these Terms from time to
time as RCI deems necessary in its sole discretion.
The primary
goal of this Web Site is to provide you with access to information about RCI's
businesses, facilities, services, products, and related links to meet your
needs with respect to these businesses, facilities, services and products (the
"Content").
These Terms are meant to protect all of the visitors to and users of this Web
Site, and your access to and use of this Web Site signifies your agreement with
these Terms. DO NOT USE THIS WEB SITE
IF YOU DO NOT AGREE WITH THESE TERMS. RCI reserves the right,
in its sole discretion, to modify, alter or otherwise update these Terms, or to
change or delete any features of this Web Site, at any time. Such
modifications, alterations, and updates to the Terms shall be effective
immediately upon posting. You agree to be bound by such modified, altered and
updated Terms if you access or use this Web Site after RCI has posted notice of
such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED
TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS,
ALTERATIONS OR UPDATES HAVE BEEN POSTED.
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 with RCI. Section 7 below contains
additional information about these other linked web sites. These other linked web
sites, including the web sites of RCI's affiliated companies, as well as the web
sites of RCI's third party content providers, merchants, business partners,
sponsors and licensors (collectively the "Providers"), may have different terms of use that
are not the same as these Terms. Your
access to and use of such linked web sites through links provided on this Web
Site are not governed by these Terms but, instead, are governed by the terms of
use and policies of those web sites, and RCI disclaims any and all
responsibility for your access to and use of such linked web sites.
You
should note that these Terms contain additional disclaimers and limitations on RCI's
liability, which can be found in Sections 9 and 10 below. Please read these
carefully and make sure that you understand them before continuing with your
use of this Web Site.
Registration
data and certain other information about you that you may submit or provide to RCI
through this Web Site is subject to RCI's Privacy Policy. For more information
about RCI's use and protection of your information, please review RCI's Internet
Privacy Policy.
RCI controls
and (either itself and/or through its third party hosts) operates this Web Site.
All Content on this Web Site, including, but not limited to, text, images,
illustrations, graphics, logos, digital downloads, data, software, headers,
icons, scripts, audio clips, and video clips, is the property of RCI or its
Providers, and is protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by and subject to United
States and international copyright laws and treaty provisions, privacy and
publicity laws, and communication regulations and statutes). The Content is
owned and controlled by RCI, its affiliated or related entities, or the
Providers that have licensed or otherwise made available their content or the
right to market their products and/or services to RCI. You agree to abide by
all additional copyright notices, information, or restrictions contained in or
with any Content.
You may
download or make a single copy of any Content contained on this Web Site
consistent with these Terms, provided that you maintain all copyright and other
notices contained in or with such Content. Except as otherwise specified above,
you may not copy, reproduce, duplicate, republish, upload, post, transmit,
distribute, sell and/or exploit the Content in any way (including by e-mail or
other electronic means) for commercial use without the prior written consent of
RCI or the Providers. You may request consent by faxing a request to RCI's Legal General Counsel at 973-753-6207.
Your modification of the Content, use of the Content on any other linked Web
site or networked computer environment, or use of the Content for any purpose
without the prior written consent of RCI or the Providers, violates the
intellectual property rights and proprietary rights of the Content owners and
is strictly prohibited.
You may not
use any registered or unregistered trademarks, service marks, copyrighted
materials or other proprietary information or intellectual property appearing
on this Web Site, including, but not limited to, any logos, images or
characters, and also including any meta tags or similar code or hidden text or
elements containing such information or property, without the express written
consent of the owner of the mark or copyright. You may not frame any
trademarks, service marks, copyrights, logos, images, text, or other
proprietary information or intellectual property of RCI, or otherwise
incorporate into another Web site any of the Content or other materials on this
Web Site, without RCI's express prior written consent. You may not deep link to
any page of portions of this Web Site without RCI's prior written consent. You
may, however, create or provide a hypertext link or hyperlink to the home page
of this Web Site provided that you do not make or attribute to RCI, its
affiliated or related entities or Providers any false, misleading, defamatory,
libelous, derogatory, or offensive statements. Any such link cannot include any
logos, graphics or trademarks of RCI, its affiliated or related entities or
Providers without RCI's express prior written consent.
Violation of
trademark and copyright laws ("Infringement") may result in
significant civil liability or criminal penalties under
Notice
and Procedure for Making Claims of Copyright Infringement
If you
believe that your work has been copied and posted on this Web Site in a way
that constitutes copyright infringement, please provide RCI's Agent for
Notification of Claims of Copyright Infringement the information specified
below.
·
A description of the copyrighted
work that you claim has been infringed;
·
A description of where the material
that you claim is infringing is located on the Web Site;
·
Your address, telephone number, and
e-mail address;
·
A statement by you that you have a
good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
·
A statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf; and
·
An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest;
Written
notification containing the information set forth above must be submitted to
the following Agent for Notice of Claims of Copyright Infringement:
Susan L.
Crane
Wyndham Worldwide Corporation
Telephone Number of Designated Agent: (973) 753-6667
Facsimile Number of Designated Agent: (973) 753-6620
Email Address of Designated Agent: copyright.violations@wyndhamworldwide.com
You warrant
and represent to RCI that you will not use this Web Site for any purpose that
is unlawful, illegal or prohibited by these Terms, including, without limitation,
the sending, posting, transmitting, displaying, distributing, or knowingly
receiving of or searching for any threatening, harassing, libelous, defamatory,
obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane
material, content or images, or other images, content or messages that might be
considered lewd, lascivious, excessively violent or otherwise offensive. If you
violate any of these Terms, your permission to use this Web Site immediately
terminates without the necessity of any notice. RCI, at its sole discretion,
retains the right to deny access to this Web Site to anyone for any reason,
including for violation of these Terms. Some of these types of violations are
more fully described below in Section 5.
You are solely
responsible for the content, accuracy and your use of your Information, and RCI
merely acts as a passive conduit for your online distribution and publication
of your Information. As used in these Terms, "Information" means any
information or data that you submit to or through this Web Site and any
information or data that is generated by this Web Site as a result of your use
of or access to this Web Site. Certain special rules and restrictions may apply
to your Personally Identifiable Information. For more information regarding
these special rules and restrictions please review RCI's Internet
Privacy Policy.
In the event
that you are provided with user identification numbers or codes (collectively,
"ID's"),
confirmation numbers, and/or passwords (as applicable) in the use of this Web
Site, you shall maintain such user ID's, confirmation numbers, and/or passwords
in confidence, and you agree not to distribute or disclose the same to third
parties. It is your responsibility to notify RCI if RCI needs to change or
discontinue any of your ID's, confirmation numbers, or passwords. It is also
your responsibility to immediately request discontinuation of an ID,
confirmation number, or password upon your knowledge or belief that such ID,
confirmation number, and/or password is or may be subject to theft,
unauthorized use or access, or a breach of confidentiality. RCI may suspend or
terminate your service or access to this Web Site if it believes that such
theft, use, access or breach, or any other breach of these Terms, has occurred.
You agree
that any Information that you provide will be true, accurate, current and
complete. If you provide any Information that is untrue, inaccurate, not
current or incomplete (or RCI has reasonable grounds to suspect that such
Information is untrue, inaccurate, not current or incomplete), RCI has the
right to suspend or terminate your access and activity relating to, and to
refuse any and all current or future use of, this Web Site.
You are
specifically prohibited from any use of this Web Site, and you agree not to use
or permit others to use this Web Site, for any of the following:
(a) take any
action that imposes an unreasonable or disproportionately large load on, or
waste of valuable time for, the Web Site's infrastructure or resources,
including, but not limited to, sending or promoting the distribution of
"spam," "junk mail," chain letters, or other such unsolicited
or unlawful mass e-mailing techniques;
(b) disclose
to, or share with, any unauthorized third parties the ID's, assigned
confirmation numbers and/or passwords, or use the ID's, assigned confirmation
numbers and/or passwords for any unauthorized purpose, or otherwise allow or
facilitate others to gain access to RCI's information technology systems,
environments, networks, files, data or accounts through the use of the ID's,
assigned confirmation numbers and/or passwords;
(c) access or
attempt to access RCI's information technology systems, environments, networks,
files, data or accounts to which express authorization has not been obtained
(including access to data not intended for You), or log into a server or
account that you are not authorized to access;
(d) attempt
to decipher, decompile, disassemble, modify, remove or reverse engineer any of
the software or HTML code comprising or in any way making up a part of this Web
Site;
(e) interfere
with, disrupt, disable or damage (or attempt to interfere with, disrupt,
disable or damage), in an unauthorized manner, the use or operation of this Web
Site or RCI's, its affiliated or related entities' or the Providers' systems,
equipment or applications, or service to any user, host, or network, including
by use of any programs, scripts, commands, viruses, worms, web bugs, harmful
code, Trojan horses, other contaminants, or otherwise. This includes
"denial of service" attacks, "flooding" of networks,
deliberate attempts to overload a service or to burden excessively a service's
resources, attempts to "crash" a host, and/or modifying or rerouting
any Content or services provided at this Web Site;
(f) attempt
to circumvent or subvert system or network security (i.e., authentication)
mechanisms, or probe the security of any system, network, or account,
associated or used in conjunction with this Web Site;
(g) upload,
post, email or otherwise transmit any Information, Content, or proprietary
rights that you do not have a right to transmit under the Terms, or under any
law or other contractual or fiduciary relationship; and/or
(h) use any
robot, spider, intelligent agent, meta-searching, other automatic device, or
manual process to search, monitor or copy RCI's Web Site pages or the Content
in violation of the Terms or without RCI's prior written permission, provided
that generally available third party Web browsers such as Netscape Navigator®
and Microsoft Internet Explorer® may be used without such permission.
With respect
to all Information you elect to post to publicly accessible areas of the Web
Site, you agree that RCI has the right to use, reproduce, copy, modify,
publish, distribute, perform and display such Information (in whole or part) on
worldwide basis; provided that such use is in accordance with the terms of RCI's
Internet
Privacy Policy.
You
acknowledge and agree that RCI may preserve Information, and may also disclose
Information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms; (c) respond to claims that any Information
violates the rights of third-parties; or (d) protect the rights, property, or personal
safety of RCI's business, employees, Providers, affiliated or related entities,
users, and/or the public.
This Web Site
may contain links to third-party or Provider Web sites not under RCI's control
or operation (the "Linked Sites").
The links will let you leave this Web Site and be directed to and access the
Linked Sites, which you access at your own risk. You acknowledge that RCI
provides the Linked Sites for your convenience and information only. RCI does
not endorse, nor is it responsible for, any content, information, or other
related materials, products or services found at any such Linked Sites or any
links contained within such Linked Sites, whether or not RCI is affiliated with
the owners of such Linked Sites. Except as otherwise specified in these Terms
or pursuant to RCI's express written consent, you may not establish a hyperlink
to this Web Site from your web site or the Linked Sites, or provide any links
that state or imply any sponsorship or endorsement of your web site or the
Linked Sites by RCI or the Providers.
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through this Web Site or any Linked Sites, including
payment for and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings, are
solely between you and such advertisers. You
agree that RCI (and its affiliated or related entities and the Providers) shall
neither be responsible nor liable for any loss or damage incurred by you as the
result of any such dealings or as the result of the presence of such
advertisers on or through this Web Site or the Linked Sites.
ALL
CONTENT, PRODUCTS AND SERVICES ON THIS WEB SITE ARE 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, RCI DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER
RCI, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON
INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEB
SITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES 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. RCI 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 CONTENT,
SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS
WEB SITE.
RCI
IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT THIS
WEB SITE. RCI HAS NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT
THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS,
SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD
PARTIES OR PROVIDERS (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE
RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND CONTENT.
YOUR
USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT RCI) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
IN NO
EVENT SHALL RCI, ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS, NOR ANY OF
ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON
OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF
THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF
WHETHER RCI (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION,
FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
RCI'S
LIABILITY, AND THE LIABILITY OF RCI'S AFFILIATED OR RELATED ENTITIES AND/OR
PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE
LESSER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO RCI IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. SOME STATES MAY NOT ALLOW
FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE FOREGOING LIMITATION
MAY NOT APPLY TO YOU.
BY WAY OF
EXAMPLE ONLY, RCI 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 CONTENT, INFORMATION, OPINIONS OR OTHER
MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT RCI IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
THE
LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
THE LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY
LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE
TO THE BENEFIT OF RCI AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
RCI operates
this Web Site (excluding Linked Sites, over which it has no authority or
control) from its offices within the State of
RCI reserves
the right to report any wrongdoing, if and when it becomes aware of it, to any
applicable government or law enforcement agencies. You agree to indemnify,
defend and hold RCI and the Providers, its and their officers, directors,
employees, affiliated or related entities, agents, licensors, and suppliers,
harmless from and against any and all claims, demands, actions, costs,
liabilities, losses and damages of any kind (including attorneys' fees)
resulting from your use of this Web Site, your breach of any provision of these
Terms and/or any negligent acts, omissions or intentional wrongdoing by You.
Any such indemnification shall be conditioned on RCI: (a) notifying you in
writing of any such claim, demand, action, cost, liability, loss or threat of
any thereof; (b) cooperating with you in the defense or settlement thereof; and
(c) allowing you to control such defense or settlement. RCI shall be entitled
to participate in such defense at its own cost and expense.
In the event
that RCI provides message boards, web logs or blogs, or discussion forums on
this Web Site (the "Forums"),
you agree to use the Forums only for personal purposes in a noncommercial
manner. You shall not, without RCI's express approval, distribute or otherwise
publish any material containing any solicitation of funds, advertising, or
written solicitation for goods and services. You agree that any uploaded
materials may be republished without compensation to you or any other person or
entity. In addition, you warrant that all moral rights in any uploaded
materials have been waived. While RCI does not and cannot review every message
posted by you or any other user in the Forums, and although RCI is not
responsible for these messages, RCI reserves the right (but not the obligation)
to delete, move, or edit messages that it, in its sole discretion, deems
abusive, defamatory, obscene, in violation of copyright or trademark laws, in
violation of these terms, or otherwise unacceptable. RCI does not endorse any
information that may be posted on this Web Site through the Forums.
You agree
that you must evaluate, and bear all risks associated with, the use of any
messages, information, or Content associated with the Forums, including any
reliance on the accuracy, completeness, or usefulness of such messages,
information, or Content. In this regard, you acknowledge that you may not rely
on any Content RCI creates or information submitted to RCI by third parties,
including without limitation, information in the Forums, and in all other parts
of this Web Site.
These Terms
are for the benefit of RCI and the Providers, its and their officers,
directors, employees, affiliated or related entities, 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. RCI's
failure to act with respect to a breach by you or others does not waive RCI's
right to act with respect to subsequent or similar breaches.
If any
provision of these Terms is held to be invalid or unenforceable, such provision
will be struck and the remaining provisions enforced. Headings are for
reference purposes only.
You and RCI
are dealing at arms' length, creating a commercial relationship. RCI is not
your Agent or your fiduciary. Many of RCI's businesses and facilities may be
independently owned and operated by independent franchisees and licensees. In
such cases, these franchisees and licensees manage and operate the facilities,
and they are the employers of all employees and contractors who work at the
facilities. These franchisees are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The
provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between RCI (including the Providers),
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 shall prevail.
ANY RIGHTS NOT EXPRESSED GRANTED HEREIN ARE RESERVED BY RCI.