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Terms of Use
1. Agreement
2. What You Need to Know
3. Trademarks, Copyrights and Restrictions on Use of Materials
4. Indemnification
5. Links to Third Party Sites
6. Access and Interference
7. Disclaimer
8. Limitation of Liability
9. Submissions
10. Jurisdictional Issues
11. General Provisions
12. Privacy Statement
1. AGREEMENT
Pinnacle Vacations Inc. (“Pinnacle Vacations”) has created
www.pinnaclevacations.com (the “Web Site”), to provide you with access to
information (hereinafter referred to as the “Pinnacle Online Content” or
“Content”) about its products and services. These Terms of Use (“Terms”) are
meant to protect all of the visitors to the Web Site, and your access to and
use of the Web Site signifies your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE
WITH THESE TERMS. We reserve the right,
in our sole discretion, to modify, alter or otherwise update these Terms at
any time without notice. Such modifications, alterations, and updates are
effective immediately upon posting. You agree to be bound by such modified,
altered, and updated Terms if you access or use the Web Site after we have
posted notice of such modifications, alterations or updates.
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2. WHAT YOU NEED TO
KNOW
The Web Site and Pinnacle Online Content
is the property of Pinnacle Vacations and/or other parties.
The downloading, reproduction or retransmission of Pinnacle Online Content,
other than for non-commercial individual use, without the prior written
consent of Pinnacle Vacations, is strictly prohibited.
This Web Site may provide you with the ability to use usernames,
passwords or other codes or devices to gain access to restricted portions
of this site ("access codes"). The Content contained in such
restricted areas is confidential to Pinnacle Vacations, and is provided to you for
your personal use only. We reserve the right to prohibit the use of such
access codes on your behalf by third parties where we determine that such use
interferes with our site's operation or results in commercial benefits for
other entities to our detriment.
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3. TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS ON USE OF MATERIALS
The Web Site and Pinnacle Online Content
may contain or reference trademarks, patents, copyrighted materials,
trade secrets, technologies, products, processes or other proprietary rights
of Pinnacle Vacations and/or other parties. No license to or right in
any such trademarks, patents, copyrighted materials, trade
secrets, technologies, products, processes and other proprietary rights of
Pinnacle Vacations and/or other parties is granted to or conferred upon you.
Furthermore, no Pinnacle Online Content may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way without the prior
written consent of Pinnacle Vacations.
You are not authorized to copy, republish, post,
transmit or use the Content in any way (including email or other electronic
media) for commercial use without first obtaining written consent of Pinnacle
Vacations. You can request consent by faxing a request to Pinnacle Vacations' legal
department at 561.912.8299. Modification or use of the Content for any
purpose other than personal, non-commercial use without prior approval
violates intellectual property rights and is prohibited under
United States
and/or worldwide copyright and trademark laws.
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4. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your
username(s), password(s) and your account, as well as all activities that
occur under your account. By your use of and access to the Web Site, you
hereby agree to indemnify, defend and hold Pinnacle Vacations, and its
affiliates and their respective officers, directors, employees, owners,
agents, information providers, licensors and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys' fees) incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of these Terms or claims arising from your account or your use of the Web
Site. You shall use your best efforts to cooperate with the Indemnified
Parties in the defense of any claim. The Indemnified Parties reserve the
right, at their own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you.
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5. LINKS TO THIRD
PARTY SITES
The Web Site may contain links to third party web sites not under
Pinnacle Vacations' control or operation. The links will let you leave the Web
Site, and you access them at your own risk. If you choose to leave the Web
Site via links to other non-Pinnacle Vacations sites, including those of
advertisers, Pinnacle Vacations is not responsible for the privacy policies
or terms of use of those sites or the “cookies” those sites use. In addition,
because Pinnacle Vacations has no control over such sites and resources, you
acknowledge and agree that Pinnacle Vacations is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products or other
materials on or available from such sites or resources.
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6. ACCESS AND
INTERFERENCE
You agree that you will not use any device, software or other
instrumentality to interfere or attempt to interfere with the proper working
of the Web Site, and that you will not take any action that imposes an
unreasonable or disproportionately large load on Pinnacle Vacations' Web
Site infrastructure. In addition, you agree that you will not use any
robot, spider, other automatic device or manual process to monitor or copy Pinnacle Online
Content without the prior express written consent from an authorized Pinnacle
Vacations representative (such consent is deemed given for standard search
engine technology employed by Internet search web sites to direct Internet
users to this site).
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7. DISCLAIMER
ALL PINNACLE ONLINE CONTENT IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS OF PINNACLE ONLINE CONTENT WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT
PINNACLE ONLINE CONTENT OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS OF PINNACLE ONLINE CONTENT IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. Some jurisdictions do not allow
the exclusion of implied warranties, so the above exclusions may not apply
to you.
The Web Site and Pinnacle Online Content may contain
technical inaccuracies or typographical errors. Pinnacle Vacations reserves the
right to make changes, corrections and/or improvements to Web Site and
Pinnacle Online Content, and to the products and programs described in such
information, at any time without notice.
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8. LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL PINNACLE VACATIONS OR ITS SUBSIDIARIES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEB SITE OR MATERIALS OR
FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Some jurisdictions may not allow the limitation or exclusion
of liability or incidental, consequential or other damages, so the above
limitation or exclusion may not apply to you.
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9. SUBMISSIONS
With respect to all communications you make to
Pinnacle Vacations regarding the Web Site and/or Pinnacle Online Content, including
but not limited to feedback, questions, comments, suggestions and the like:
(a) you shall have no right of confidentiality in your communications and Pinnacle
Vacations shall have no obligation to protect your communications from
disclosure; (b) Pinnacle Vacations shall be free to reproduce, use, disclose,
edit and distribute your communications to others without limitation; and (c)
Pinnacle Vacations shall be free to use any ideas, concepts, know-how,
content or techniques contained in your communications for any purpose
whatsoever, including but not limited to the development, production and
marketing of products and services that incorporate such information.
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10. JUSRISDICTIONAL
ISSUES
The Web Site and Pinnacle Online Content is controlled and
operated by Pinnacle Vacations from its headquarters in Fort Myers, Florida.
We make no representation that products and materials within the Web Site are
appropriate or available for use in any particular location. Those who choose
to access the Web Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Web Site and Content contains information on Pinnacle Vacations' products and
services of Pinnacle Vacations and its subsidiaries, not all of which are
available in every location. A reference to any such product or service on
the Web Site does not imply that such product or service is or will be
available in your location.
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11. GENERAL
PROVISIONS
This is a United States
web site and is subject to
United
States
law. Pinnacle Vacations will
disclose any information regarding the use of this Web Site including
personal information pertaining to you without your permission when required
by law, or in a good faith belief that such action is necessary to
investigate or protect against harmful activities to Pinnacle Vacations or
its subsidiaries, affiliates, property (including this Web Site), guests,
visitors, associates or, or to others.
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12. PRIVACY STATEMENT
If you would like to view the privacy practices that govern this site please see Pinnacle Vacations'
Internet Privacy Statement
posted on this Web Site. If you have any questions about this privacy policy or privacy concerns, please write us at
Pinnacle Vacations, Inc., 4600 Summerlin Road, Suite C-2, Box 277, Fort Myers, FL33919 or
email us
.
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