The KSL Resorts website, the websites of our resorts, and the materials and services of which those various websites are comprised including web pages and web services (collectively, the "KSL Websites") are owned and/or operated by KSL Resorts and its affiliates (collectively referred hereinafter as "KSL Resorts", "we" or "KSL Resorts and its affiliates").
Additionally, the KSL Websites may themselves contain different terms, conditions or service, including without limitation, features offering promotions or contests. If there are other terms, provisions or conditions which conflict with the terms and conditions set forth herein, then the terms and conditions of this Agreement shall control unless the agreement including such conflicting terms or provisions is executed by KSL Resorts and specifically refers to these terms. While these terms describe the information and content that may be collected by KSL Resorts and through the KSL Websites, the specific policies governing the transmission, storage and use of such information is provided in the KSL Resorts Privacy Statement .
1. Access to Website. KSL Resorts is providing you with the capability to use the KSL Websites. You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use the KSL Websites through the Internet.
2. Eligibility for Use. The KSL Websites are available only to individuals who can form legally binding contracts under applicable law. As a condition to your use of the KSL Websites, you represent that you or the entity you are representing can form legally binding contracts under the laws of your country, state and/or locality. If you are a minor or not capable of entering into a legal contract, please exist KSL Websites immediately. KSL Resorts or any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the KSL Websites to anyone at any time, in KSL Resorts' sole discretion.
3. Your Information/Passwords. To facilitate your use of the KSL Websites, you may be able to use user identification, passwords or similar codes to allow you access to restricted areas of a particular KSL Website. You are responsible for the security of your accounts and for any financial transaction which you enter into. In consideration of your use of the KSL Websites, you agree to (i) provide true, accurate, current and complete information about yourself as prompted; (ii) to maintain and update such information promptly; (iii) prevent unauthorized access or use by you or others using your user identification and/or password; (iv) report any unauthorized use or disclosure of your password or other breach of KSL Website security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. If you provide, or if KSL Resorts has reasonable grounds to suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete, or you misuse or permit another to use your password who is not authorized to do so, then KSL Resorts has the right to refuse any and all current or future use by you of the KSL Websites (or any portion thereof).
4. Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the KSL Websites. KSL Resorts does not endorse or represent the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised on the KSL Websites. We make no representations or warranties, express or implied, with respect to the information provided on the KSL Websites.
5. Links to Third-Party Websites. Although we hope that you will find the material on the KSL Websites informative, the material and links to third-party websites and resources that may be included on the KSL Websites are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by KSL Resorts of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on the KSL Websites or any third-party website which may be accessed by a link from the KSL Websites, including any representations or warranties as to accuracy or completeness. Because KSL Resorts has no control over third-party websites and resources, you acknowledge and agree that KSL Resorts is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that KSL Resorts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, goods or services available on or through any such site or resource.
6. Restrictions on Use. The KSL Websites are available for you to make purchases and reservations for certain goods and services presented. On the condition that you agree that your use is governed by the terms and conditions of this Agreement , KSL Resorts hereby grants to you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the information and services found at the KSL Websites for the limited purposes expressly permitted in this Agreement. You may view, display and make one printed copy of the information found on the pages of the KSL Websites, provided, however that you (i) do so only for the purposes of receiving, accessing, analyzing and using the information made available at the KSL Websites in accordance with the terms and conditions of this Agreement, for you personal, non-commercial use only; and (ii) do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the KSL Websites. Information may not be copied (except as provided in the preceding sentence), distributed, reproduced, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of KSL Resorts. The use of such information on any other website, Internet, extranet or other site or computer environment is strictly prohibited, without KSL Resorts' prior written permission. No rights are granted to you except those expressly stated here.
You may only use the KSL Websites to make legitimate reservations or purchases and shall not use the KSL Websites to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand. You further agree that you will not use the KSL Websites for any purpose that is unlawful or prohibited by this Agreement.
You agree that you will not use the KSL Websites for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any website controlled by you or otherwise, to KSL Websites without the express written permission of KSL Resorts.
You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of KSL Resorts or any third party that provides services related to the KSL Websites.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the KSL Websites or any contents or information contained therein, unless you obtain KSL Resorts' prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the KSL Websites.
You agree that you will not provide to KSL Resorts and/or to the KSL Websites: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for KSL Resorts or cause KSL Resorts to lose (in whole or in part) the services of our suppliers.
7. Contest Rules. All contests sponsored on the KSL Websites are designed to conform with applicable local, state, and/or federal laws and will be subject to any additional terms or conditions that are provided at the time that you enter such contest. When you enter a promotion, sweepstakes, or contest hosted by the KSL Websites or sponsored by KSL Resorts and/or our affiliates, we ask for your name, address, and email address. You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate. We may contact you in connection with a particular promotion, such as a sweepstakes or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes.
8. Information Sharing and Disclosure Practices. Promotions that are hosted on the KSL Websites may be sponsored by KSL Resorts, may be co-sponsored by KSL Resorts and another company, or may be sponsored by companies other than KSL Resorts. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form in accordance with the KSL Resorts Privacy Statement. When you participate in a KSL Resorts-sponsored or hosted promotion, you are subject to the Official Rules of that promotion. For a complete disclosure of our data collection and sharing practices, please click here
9. Products and Services. KSL Resorts provides certain goods and services. The following terms shall apply to each good/service respectively:
If you elect to make a room reservation through the KSL Websites and do not have an established user profile, you will need to furnish your name, telephone number, e-mail address, billing address and credit card type, number and expiration date, in addition to the dates of your stay, the number of rooms you will require and the number of adults and children in your party. In order to permit us to serve you better, you may also submit information that may relate to discounts, membership rewards, or other special considerations that may impact the price or availability of the rooms being offered. KSL Resorts will accept such request by sending an email confirming your reservation, including check in and check out dates. KSL Resorts will reserve a deposit on your credit card equal to the cost of two days' stay (or one day in the case of a single night reservation). Your credit card will not be charged for such deposit in the event that you notify KSL Resorts (either by phone or through the applicable KSL Website) of your intent to cancel at least 7 days in advance of such reservation. Thereafter, KSL Resorts will charge the full amount of such deposit to the credit card provided. For additional information concerning availability of any one of our resorts, CLICK HERE.
KSL Resorts offers a number of opportunities to host groups and meetings or conventions of all types. Meeting Planners that are interested in receiving information concerning rates and availability at a particular KSL Resorts property can do so by completing an online request with your e-mail address. A KSL Resorts representative will contact you shortly. You may also call KSL Resorts' national sales office for more information. For additional information, CLICK HERE .
KSL Resorts may from time to time offer products that may be purchased on the KSL Websites. In such an event, you will need to furnish your name, telephone number, e-mail address, billing address and credit card type, number and expiration date as well as the address to which the product(s) will be shipped. KSL Resorts will confirm acceptance of your offer by sending you a notice to the e-mail address provided. This may also include the shipping or other tracking number provided by a third party shipping provider.
Third-Party Products or Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the KSL Websites, including payment 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 advertiser. You agree that KSL Resorts shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the KSL Websites.
10. Use of Interactive Areas. The KSL Websites may contain "Interactive Areas," including chat rooms, bulletin boards, or other message and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post, email, transmit, or otherwise make available any content that:
* Generates provisional reservations or reservations intended to create demand;
* Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* Encourages criminal activity;
* Is harmful to children or minors;
* Infringes another's rights to intellectual property, publicity, or privacy;
* Contains advertisements, promotions, or commercial solicitations;
* Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed on the US Commerce Department's Tables of Deny Orders;
* Contains information intended to assist in the placement of a bet or wager;
* Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
* Contains information that is untrue, inaccurate, not current or incomplete, or KSL Resorts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
* Is provided with the intent to annoy, abuse, threaten, or harass any other person; or
* In the event that KSL Resorts has reason to believe that you have posted, emailed, transmitted or otherwise made available any of the restricted content described above, KSL Resorts reserves the unrestricted right to suspend or terminate your account and refuse any and all current or future uses of the Service (or any portion thereof). KSL Resorts and its affiliates also reserve the right to refuse service, terminate accounts, remove or edit content or cancel your pending orders in our sole and absolute discretion.
11. Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. KSL Resorts does not endorse or control the content, messages or information found in any Interactive Area and, therefore, KSL Resorts specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
KSL Resorts and its affiliates may prohibit you from participating in or utilizing the KSL Websites if in our sole and absolute discretion you show a disregard for this Agreement. You acknowledge and agree that KSL Websites may preserve content you post and may also disclose content you post 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 this Agreement (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KSL Resorts, the users of the KSL Websites or the public.
12. Limits on Liability. KSL Resorts will not be liable for:
The contents of any communication, message, or information posted by you or other third parties;
The content of any website not controlled, owned, or operated by KSL Resorts that is accessed from or linked to the KSL Websites;
The content, services or information provided by any website purporting to be operated by KSL Resorts or its affiliates, but not actually affiliated with, controlled, owned, or operated by KSL Resorts;
Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use the KSL Websites, even if KSL Resorts has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of KSL Websites, or with this Agreement, your sole and exclusive remedy is to discontinue using KSL Websites.
13. Indemnification. You agree to indemnify and hold KSL Resorts, and its subsidiaries, affiliates, officers, directors, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the KSL Websites, your use of the KSL Websites, your connection to the KSL Websites, your violation of this Agreement, or your violation of any rights of another.
14. Disclaimer of Warranties. The information, material, services, and products included on the KSL Websites may include inaccuracies or typographical errors. KSL Resorts may make changes or improvements to this site at any time.
THE CONTENT, SERVICES AND MATERIALS IN THE KSL WEBSITES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. KSL RESORTS AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE KSL WEBSITES OR ANY KSL WEBSITES LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KSL RESORTS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KSL RESORTS AND ITS AFFILIATES DO NOT WARRANT THAT THE KSL WEBSITES OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE KSL WEBSITES WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KSL WEBSITES, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE KSL WEBSITES OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. KSL RESORTS AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE KSL WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event KSL Resorts and its affiliates are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity. KSL Resorts and its affiliates explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the KSL Websites. KSL Resorts and its affiliates cannot ensure that you will be satisfied with any products or services that you purchase from the KSL Websites or from a third-party site that links to or from the KSL Websites or third-party content on the KSL Websites. KSL Resorts and its affiliates do not endorse any of the merchandise, nor have KSL Resorts and its affiliates taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content.
KSL Resorts and its affiliates do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the KSL Resorts and its affiliates with respect to such sites and third party content. KSL Resorts and its affiliates strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. KSL Resorts and its affiliates are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
Further, KSL Resorts and its affiliates are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the KSL Websites or by any technical or human error which may occur in the processing of any information related to the KSL Websites.
If for any reason any portion of the KSL Websites is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of KSL Resorts which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the KSL Websites, KSL Resorts and its affiliates reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you from using the KSL Websites, and to cancel, terminate, modify or suspend the KSL Websites or any portion thereof.
You also agree that the KSL Resorts and its affiliates are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the KSL Websites or any sites, services or materials linked or related thereto or there from and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the KSL Websites operating or not operating on computers or networks used by you or communicating with such computers or networks.
Although KSL Resorts and its affiliates intend that product descriptions contained in The KSL Websites be current and accurate, KSL Resorts and its affiliates make no warranty or representation that descriptions of products in the KSL Websites are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the KSL Websites is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): KSL RESORTS AND ITS AFFILIATES MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE KSL WEBSITES OR ANY KSL RESORTS AND ITS AFFILIATES SITE LINKED TO THE KSL WEBSITES. KSL RESORTS AND ITS AFFILIATES WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE KSL WEBSITES, OR OTHERWISE CONNECTED WITH YOUR USE OF THE KSL WEBSITES.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE KSL RESORTS AND ITS AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. KSL RESORTS AND ITS AFFILIATES RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE KSL WEBSITES, OR TO DENY ACCESS TO THE KSL WEBSITES TO ANYONE AT ANY TIME. NEITHER KSL RESORTS AND ITS AFFILIATES NOR ANY OF THE KSL RESORTS AND ITS AFFILIATES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE KSL WEBSITES.
USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KSL RESORTS, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE KSL WEBSITES AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT KSL RESORTS IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE KSL WEBSITES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
15. Linking. Unless you obtain prior authorization under a written agreement with KSL Resorts, you may not create or establish any link between your own website or that of a third-party website and the KSL Websites.
16. Monitoring. You acknowledge and agree that KSL Resorts has no obligation, but reserves the right, to monitor the KSL Websites and may do so from time to time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied, and used for authorized purposes in accordance with the terms of this Agreement and the KSL Resorts Privacy Statement.
17. Jurisdiction. This Agreement shall be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Riverside County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The KSL Websites are owned and operated by KSL Resorts from the State of California, United States of America. KSL Resorts and its affiliates make no representation that materials in KSL Websites are appropriate or available for use in other locations. Those who choose to access this 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.
18. Termination. In addition and without prejudice to any other legal or equitable remedies available to KSL Resorts, KSL Resorts may terminate this Agreement at any time and for any reason or no reason at its sole and absolute discretion.
19. Intellectual Property. The content included on the KSL Websites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of KSL Resorts or its licensors or suppliers as are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or otherwise create a hyperlink to any such material for any purpose other than as specifically provided herein or otherwise approved by KSL Resorts in writing (or legitimate activities of a travel agent or travel professional). This includes, without limitation, any attempt to modify the appearance or otherwise obscuring content on the KSL Websites with any third party pop-up advertising or other commercial communications. More specifically, you are restricted from using any KSL Resorts trademarks, trade names or other designations (including URLs) in connection with the creation, delivery or triggering of any unauthorized advertisements or promotions that may be construed as establishing an affiliation between KSL Resorts and such third party advertising and/or promotions. Any hyperlinks that link to any content on the KSL Websites other than the respective home pages of such sites is specifically restricted. This includes deep linking, framing, or other forms of connection that have not been approved by KSL.
20. Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), KSL Resorts reserves the right, but not the obligation, to terminate your right to use the KSL Websites if KSL Resorts determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. KSL Resorts accommodates and does nto interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, KSL Resorts has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of KSL Resorts to receive notification of claimed infringement is:
50-905 Avenida Bermudas
La Quinta, CA 92253
Attention Legal Department
Phone: (760) 564-8000
Facsimile: (760) 564-8090
KSL Resorts respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the KSL Websites; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
21. Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
22. Severability. This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
23. Attorneys' Fees. If KSL Resorts takes any action to enforce this Agreement, KSL Resorts will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation (through appeal and including any attorneys' fees and costs incurred by KSL Resorts to collect fees and costs pursuant to this section), in addition to any other relief, at law or in equity, to which KSL Resorts may be entitled.
24. Modification. KSL Resorts may at any time modify this Agreement, and your continued use of the KSL Websites will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review this Agreement periodically, and your continued access, use and/or posting on the KSL Websites shall be deemed your acceptance of the changed Agreement.
25. Miscellaneous. This Agreement and the KSL Resorts Privacy Statement constitute the entire agreement between the parties concerning your use of the KSL Websites, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 9, 10, 11, 12, 13, 14, 17, 22, 23 and 25 of this Agreement shall survive any termination or cancellation of this Agreement. The section headings in this Agreement are for convenience only and must not be given any legal import.
26. Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions concerning the KSL Websites or its policies, please contact us via e-mail at email@example.com.
© 2010 KSL Resorts. All Rights Reserved. Information subject to change without notice.