| Terms of use
Limitation of
liability.
The services, materials and information on the web site are provided on
an "as is" basis and "caveat emptor" (buyer beware) basis. Village Green Resort and Moonstone Hotel Properties makes no warranty or representation
of any kind, whether express, implied or statutory, or otherwise
including without limitation, any implied warranties or conditions of
satisfactory quality, merchantability, fitness for a particular purpose,
accuracy, completeness and expectation of or non-infringement of
privacy.
Links to third
party sites
Any links provided on this site may allow the user to leave the site.
The linked sites may not be under the control of Village Green Resort and
Moonstone Hotel Properties, as such Village Green Resort and Moonstone Hotel
Properties shall not be responsible for the content of any linked site
or link contained in a linked site. Village Green Resort and Moonstone Hotel
Properties provides these links as a convenience only and the inclusion
of any link does not imply an endorsement by Village Green Resort and
Moonstone Hotel Properties of that site.
User Access
Village Green Resort and Moonstone Hotel Properties may at any time, in it's
sole discretion:
-
Revoke the
access of any user to this site
-
Modify,
change, withdraw this site and/or these conditions of use or any policy
mentioned on the site in whole or in part.
Trademark
Certain logos, marks, names or products mentioned in these terms or
referenced on this site may be trademarks, trade names or service marks
of Village Green Resort and Moonstone Hotel Properties or of other companies
and their respective owners.
Software
Any software that may be made available to download from the server of
this site may be the copyrighted work of Village Green Resort and Moonstone
Hotel Properties, its subsidiaries, affiliates and/or its suppliers. Use
of the Software is governed by the terms of the end - user license
agreement, which accompanies or is included with the Software ("License
Agreement"). Any Software made available for downloading is solely for
use by end - users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY
APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Village Green Resort and Moonstone Hotel Properties HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
License to Village Green Resort and Moonstone Hotel Properties
By posting messages, uploading files, inputting data or engaging in any
form of communication through this site, you are granting Village Green Resort and Moonstone Hotel Properties, it's subsidiaries and affiliated
partners a royalty free, perpetual, nonexclusive, unrestricted worldwide
license to
-
Use, copy,
sublicense, adapt, transmit, re-transmit, distribute and/or publicly
perform or display any such communication
-
Sublicense
to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to communication
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to, under
copyright, trademark, service mark, patent laws or the law of ideas
under any relevant jurisdiction.
Disclaimer
Village Green Resort AND MOONSTONE HOTEL PROPERTIES DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING
BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Village Green Resort AND MOONSTONE HOTEL PROPERTIES IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT
WILL Village Green Resort AND MOONSTONE HOTEL PROPERTIES, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Village Green Resort
AND MOONSTONE HOTEL PROPERTIES SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE Village Green Resort AND MOONSTONE HOTEL PROPERTIES SOFTWARE OR
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THE SITE
Limitation of
liability
Under no circumstances, including, but not limited to, negligence, shall
Village Green Resort and Moonstone Hotel Properties, its subsidiaries or
affiliates be liable for any direct, indirect, incidental, special or
consequential damages that arise from the use of, or the inability to
use any materials on this site. You specifically acknowledge and agree
that Village Green Resort and Moonstone Hotel Properties is not liable for
any defamatory, anticompetitive, offensive or illegal conduct of any
user. If you are dissatisfied with any Village Green Resort and Moonstone
Hotel Properties material, or with any of Village Green Resort and Moonstone
Hotel Properties' terms and conditions, your sole and exclusive remedy
is to discontinue using the site.
Termination
This agreement is effective until terminated by Village Green Resort and
Moonstone Hotel Properties, at any time without notice.
Indemnification
You agree to defend, indemnify, save and hold harmless Village Green Resort
and Moonstone Hotel Properties, its subsidiaries, affiliates, licensees
and their respective directors, officers, employees and agents from and
against all liabilities, claims, damages and expenses, including
reasonable attorneys' fees, arising out of your use of the site, or your
violation or alleged violation of the terms of this agreement.
Other
This agreement shall be governed by and construed in accordance with the
laws of the state of California without giving effect to any principles
or conflicts of law. If any provision of this Agreement shall be
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. |