Websites Terms of Use for DCM Hospitality, LLCGeneral. By accessing or using these DCM Hospitality, LLC (“DCM”) websites, www.dcmhospitality.com or www.dcmhospitalityrentals.com (the “Websites”), you agree to be bound by the following terms and conditions governing use of the Websites and any legal terms found elsewhere on the Websites (the “Terms of Use”). Please read these Terms of Use carefully before using the Websites. All such legal terms are subject to change without notice to you, except that such changes will be posted on the Websites. Such changes are binding on you and are not subject to further acceptance by you. By continuing to use the Websites after we post any such changes, you accept the Terms of Use, as modified. The use of the Websites are subject to the additional disclaimers, caveats, and notices that may appear throughout the Websites. If you do NOT agree to these Terms of Use, then please discontinue your use of the Websites. Continued use of the Websites by you shall constitute your binding acceptance of the Terms of Use. The Websites are for general information purposes only. DCM does not represent that the content provided on the Websites is completely accurate or error free, and therefore any reliance on such content is at your own risk. Any use of the Websites or their content other than for the uses allowed in these Terms of Use, including but not limited to other non-private, commercial purposes, is prohibited. If you violate any portion of these Terms of Use, DCM reserves the right, without an obligation to do so, to deny you access to the Websites and/or remove any content you may have posted on the Websites. The Websites are not intended for or marketed to children, but are intended for adults 18 years of age or older. By using or accessing the Websites, you represent that you are 18 years of age or older. Personal and Noncommercial Use Limitation. The Websites are for your personal non-commercial use. You may not use the Websites to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of DCM, its affiliates or others. Your use of, and browsing in, the Websites are at your own risk. 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 Websites. Proprietary Information. DCM owns and operates the Websites, and unless otherwise indicated, all content, including without limitation trademarks, logos, trade names, text, data, pictures, images, video, audio, graphics, icons, code, links (referred to hereafter as “Content”), and the Websites’ appearance and overall look and feel on the Websites is the property of DCM and protected by intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content found on or obtained from the Websites. No license or other right in such trademarks, copyrighted materials, trade secrets, technologies, products, processes, copyrights, names, dress or other proprietary rights of DCM is granted to or conferred upon you. Third Party Content. Content owned by third parties may also appear on the Websites, and you should respect those property rights, as well. Content owned by third parties available on the Website is used by DCM pursuant to a license from a third party. User Supplied Content. You understand and acknowledge that you are solely responsible for all information, data, text, or other materials or other content that you provide to DCM via the Websites (“Submissions”) and that DCM is not responsible or liable for these Submissions. Any Submission you do transmit to the Websites by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be deemed the property of and may be used by DCM, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, you hereby grant to DCM a royalty-free, perpetual, irrevocable, worldwide, non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions and to incorporate such in other works in any form, media, or technology, now known or later developed without compensation to you. We reserve the right to comply and cooperate with any and all legal requirements, legal authorities and/or law enforcement agencies, whether required or ordered to do so or not, regarding the investigation of, or request to disclose, information related to Submissions provided by you or the identity of you. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS DCM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DCM DURING OR AS A RESULT OF DCM’S INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DCM OR LAW ENFORCEMENT AUTHORITIES. Copyright Infringement. If you believe that any Content on the Websites infringes your copyright and you want the Content removed from the Websites, please send a detailed message to: Service provider: DCM Hospitality, LLC Under the Digital Millennium Copyright Act, the following information must be included in the message to us: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) 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. (iii) 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 service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider 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. (v) 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. (vi) 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. Security. Any use of, or posting any Content on, the Websites that could destroy, damage or impair any portion of the Websites or any computers, systems, hardware or software used by us or other visitors to the Websites, is prohibited. Do not attempt to hack into, or bypass any security features of, the Websites or any DCM computers, servers, systems, hardware or software. Portions of the Websites may be password protected, and may only be accessed by authorized users with a valid login and password issued by DCM from time to time. Any attempt to gain unauthorized access to the Websites or their Content, or any computers, systems, hardware or software used by us or other visitors to the Websites, through hacking or other similar means, is prohibited. For information about the security on the Websites can be found in the Websites’ Privacy Policy. Disclaimer of Warranties. THE INFORMATION AND MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, DCM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES, DISCLAIMS: (A) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES RELATED TO CONDITION OF TITLE, (B) THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, (C) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (D) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THE WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE. DCM DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. DCM IS NOT LIABLE FOR ANY CONDUCT OR OTHER USERS OF THE WEBSITE OR THIRD-PARTIES. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL DCM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNAUTHENTICITY OF ANY CONTENT, OR THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT. Reservation of Rights to Change Information. DCM reserves the unilateral right, in its sole and absolute discretion, to change, suspend or discontinue all or any portion of the Websites, and to the products and programs described herein, and to modify, change, add or remove portions of these Terms of Use, at any time without notice, and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Websites following the posting of changes to these Terms of Use will mean you accept those changes. Please print and retain a copy of these Terms of Use, as it may be changed from time to time, for your records. Linked Websites. The Websites may contain links to third-party websites, which are provided solely as a convenience to users of the Websites. DCM has no control over these websites or the content contained therein. Such links do not constitute endorsements by DCM of any third party websites accessible through such links, their content or any products or services made available thereon. Your linking to such Websites is at your sole risk. If you choose to leave the Websites via links to such third-party websites, DCM cannot be held responsible for the information, products, or services obtained on such other websites and will not be liable for any damages arising from your access to such websites or cookies those sites use. Links to the Websites. You agree not to link your website or any other third party website to the Websites without the express prior written consent of DCM. DCM reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website to the Websites. Limitation of Liability. To the maximum extent permitted by law, DCM shall not be liable for any special, incidental, direct, punitive, indirect or consequential damages of any kind, under any theory of liability arising out of or in connection with the use of the Websites, or a delay or inability to use the Websites, including without limitation, damages due to lost profits, business interruption, loss of data or damage to systems, even if DCM has been expressly advised of the possibility of such damages. Indemnification. You hereby agree to indemnify, defend, release and hold harmless DCM from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) it incurs arising as a result of your use of the Websites, your violation of the Terms of Use, or your infringement of any intellectual property or other right of DCM or any other person or entity. Privacy. The DCM Privacy policy, applies to use of the Websites, and its terms are made part of these Terms of Use. Invalidity of Terms. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Termination of Access. You acknowledge that DCM may terminate your access to the Websites at any time, with or without cause. Waiver. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by DCM. Questions, Comments, Complaints, or Service Issues. If you have any questions, comments, complaints or service issues pertaining to the Websites, please contact Whitney Newton at wnewton@dcmhospitality.com. Dispute Resolution. Any dispute, controversy or claim arising out of or in relation to this contract (these Terms of Use), including the validity, invalidity, breach or termination thereof, shall first be submitted to mediation through a mediation provider mutually agreed upon by the parties. If the parties cannot agree upon a mediation provider, the mediation shall be conducted by the American Arbitration Association. Each party agrees to bear its own costs of mediation. If mediation fails, the parties agree that all disputes, controversies and claims arising out of or in relation to these Terms of Use shall be settled by arbitration in accordance with the American Arbitration Association Rules in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. Each party shall bear the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or these Terms of Use gives a party the right to recover any of those fees from another party. The arbitrator(s) shall be obligated to follow applicable substantive laws, statutes of limitations and privilege rules related to any dispute. The arbitrator shall award the remedies, if any, that would be available in an individual court proceeding if arbitration had not been elected. This includes, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings); declaratory, injunctive and other equitable relief; and attorneys’ fees and costs. Governing Law. The Websites has been published in the United States and is operated from DCM’s offices within the state of Texas (which may be subject to change from time to time at DCM’s sole discretion). The Websites can be accessed from all 50 states, as well as from other countries around the world. By using the Websites, you agree that these Terms of Use and any dispute regarding the Websites and your use thereof shall be governed by the laws of Texas, without regard to its conflict of laws, and arbitrated in Texas, and shall not be governed by the United Nations Convention on the International Sale of Goods. DCM makes no representation that materials on this Websites are appropriate or available for use in other locations, and accessing them from territories where the content is illegal is prohibited. Those who choose to access this Websites from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside. Legal Disclaimers. Information contained herein is not guaranteed by DCM to be accurate or complete and is further subject to error, omissions, prior sales, price change or withdrawal without notice and approval of purchase by DCM. THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING SALES OF TIMESHARE INTERESTS. THIS ADVERTISING MATERIAL IS NOT AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY TO RESIDENTS OF ANY JURISDICTION IN WHICH REGISTRATION REQUIREMENTS HAVE NOT BEEN FULFILLED. Copyright ©2010. DCM Hospitality, LLC. All Rights reserved. COMPANY INFORMATION
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