© Copyright 2009 – 2018, by The Ritz-Carlton Destination Club, Inc. All rights reserved.
The content and information (“Ritz-Carlton Destination Club Information”) displayed on this Ritz-Carlton Destination Club web site (“Site”) is the property of The Ritz-Carlton Development Company, Inc. (“Ritz-Carlton Development Company”) and/or other parties. The downloading, reproduction, or retransmission of Ritz-Carlton Destination Club Information, other than for non-commercial individual use, is strictly prohibited. Please feel free to browse the Site at any time; however, by browsing this Site, you are subject to the terms and conditions (“Terms and Conditions”) of this Site. By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of this Site.
The Ritz-Carlton Development Company, Inc. and the programs and products provided under The Ritz-Carlton Destination Club brand are not owned, developed, or sold by The Ritz-Carlton Hotel Company, L.L.C. The Ritz-Carlton Development Company, Inc. uses The Ritz-Carlton marks under license from The Ritz-Carlton Hotel Company, L.L.C.
TERMS AND CONDITIONS
- The Ritz-Carlton Development Company reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by The Ritz-Carlton Development Company and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by The Ritz-Carlton Development Company and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. The Ritz-Carlton Development Company neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with The Ritz-Carlton Development Company. The Ritz-Carlton Development Company's Internet Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of The Ritz-Carlton Development Company 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 The Ritz-Carlton Development Company and/or other parties is granted to or conferred upon you.
- YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL RITZ-CARLTON DEVELOPMENT COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RITZ-CARLTON DEVELOPMENT COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RITZ-CARLTON DEVELOPMENT COMPANY OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RITZ-CARLTON DEVELOPMENT COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. 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 Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Ritz-Carlton Development Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site).
- This 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 the Ritz-Carlton Development Company, 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 the Site's operation or results in commercial benefits for other entities to our detriment.
- While Ritz-Carlton Development Company uses reasonable efforts to include up to date information in the Site, The Ritz-Carlton Development Company makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, RITZ-CARLTON DEVELOPMENT COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. RITZ-CARLTON DEVELOPMENT COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- With respect to all communications you make to The Ritz-Carlton Development Company regarding The Ritz-Carlton Destination Club Information will be treated as non-confidential and non-proprietary, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and The Ritz-Carlton Development Company shall have no obligation to protect your communications from disclosure; (b) shall be deemed the property of and may be used by The Ritz-Carlton Development Company, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Ritz-Carlton Development Company is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, producing, manufacturing, and marketing products and services using such information. Disclosure, submission, or offer of any submissions to the Site shall constitute an assignment to The Ritz-Carlton Development Company of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. The Ritz-Carlton Development Company may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to The Ritz-Carlton Development Company and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission.; and (c) The Ritz-Carlton Development Company 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. The Ritz-Carlton Development Company is and shall be under no obligation to: (1) maintain any of your or any user's submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user's submissions.
- If you believe in good faith that materials hosted on the Site infringe your copyright you may send written notice to the designated copyright agent for Marriott Vacations Worldwide Corporation on behalf of The Ritz-Carlton Development Company that includes the following information. Please note that your complaint will not be processed if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Ritz-Carlton Development Company to locate the material.
- Information reasonably sufficient to permit The Ritz-Carlton Development Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The Ritz-Carlton Destination Club Internet sites contain information on The Ritz-Carlton Destination Club's worldwide products and services, not all of which are available in every location. A reference to a Ritz-Carlton Destination Club product or service on a Ritz-Carlton Development Company or related company Internet site does not imply that such product or service is or will be available in your location.
- You agree to indemnify, defend and hold The Ritz-Carlton Development Company and its subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) arising out of or incurred by any breach by you of these Terms and Conditions. The Ritz-Carlton Development Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Ritz-Carlton Development Company's defense of such claim.
- If you choose to leave this Site via links to other non-Ritz-Carlton Destination Club sites, The Ritz-Carlton Development Company is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because the Ritz-Carlton Development Company has no control over such sites and resources, you acknowledge and agree that The Ritz-Carlton Development Company 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.
- This is a United States website and is subject to United States law. The Ritz-Carlton Development Company will disclose any information regarding the use of this Site including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to The Ritz-Carlton Destination Club guests, visitors, employees, or property (including this site), or to others.