1. Limitations on Use: This Web Site is owned and operated by DNC Parks & Resorts at Peaks of Otter, Inc. or its affiliate (the "Company") and is for the your personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Web Site, except that you may view the Web Site content in its present form and you may download on any single computer one (1) copy of the Materials for personal, noncommercial use, provided you keep intact all copyright, trademark and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. You agree that you will make only legitimate transactions in good faith for use by you and your invited guests only or your principal if you are an authorized agent, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent transactions, or any transaction in anticipation of demand. You recognize that unauthorized use of this Web Site content may subject you to civil or criminal liability.
2. The Materials and this Web Site are the property of the Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by the Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Web Site, this Web Site is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in this Web Site. Permission to use the copyrighted content of this Web Site for commercial purposes must be obtained through the prior written consent of the Company. The Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
3. This Web Site is protected under United States trademark law. Certain trademarks, trade names, logos, service marks, product names and company names (the "trademarks") appearing on this Web Site are registered and unregistered trademarks of the Company. All other trademarks, logos, service marks, product names and company names on this Web Site are the property of their respective owners. Under no circumstances should anything appearing on this Web Site be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on this Web Site. Licenses to use trademarks appearing on this Web Site may be obtained through the Company’s prior written consent. However, the Company may withhold its consent. Misuse of trademarks or any Materials comprising this Web Site is strictly prohibited. By using this Web Site, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on this Web Site. Any copied or downloaded content must retain all trademark and service mark notices. The Company will strictly enforce its intellectual property rights under the trademark laws.
4. The Materials published on this Web Site may include inaccuracies or typographical errors including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. The Company does not warrant or make any representations regarding the use or the results of the use of the Materials in this Web Site in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies.
5. All products, services and prices described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures, sizes and similar descriptions, if provided, are approximate and are provided for convenience purposes only. The Company makes all reasonable efforts to accurately display the attributes of the products and services, including applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.
In addition, the Company may make changes in information about price and availability without notice. While it is the Company’s practice to confirm reservations and orders by email, the receipt of an email from the Company does not constitute its acceptance of an order, reservation or its confirmation of an offer to sell a product or service. The Company reserves the right, without prior notice, to limit the order quantity on any product or service, number of reservations, and/or to refuse service to any customer. The Company also may require verification of information prior to the acceptance any reservation and/or shipment of any order.
6. The Company makes no representations or warranties about the Web Site or the suitability of the Materials contained on this Web Site for any purpose. THE WEB SITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEB SITE OR THE MATERIALS. THE COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEB SITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEB SITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEB SITE OR THE MATERIALS OR ANY PORTION OF THIS WEB SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
7. PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED, RESERVED, ORDERED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, MISUSE OF PRODUCT OR SERVICE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT OR SERVICE SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, MATERIALS OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE RESERVED, ORDERED, OR PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR PROVIDER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR PROVIDER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE OR OTHERWISE MADE AVAILABLE TO YOU.
8. IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEB SITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. You agree to defend, indemnify and hold the Company and its affiliates and their respective officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by the Company in connection with your violation of a third party’s rights) arising from or related to your use of this Web Site or your violation of these terms of service or any third party’s rights.
10. This Web Site may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by the Company of the content contained in such third-party websites. The Company does not control or guaranty the accuracy or integrity of the content located on linked third-party websites. The Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.