1. Restrictions on Use. Material from websites
operated by KSL Resorts may not be copied,
distributed, reproduced, or republished, uploaded,
posted, or transmitted in any way, without the
prior written consent of KSL Resorts. You
may, however, download one copy of the material
on this site to one computer for personal, non-commercial
use only, provided that you do not delete or change
any copyright, trademark or other proprietary notice.
If you download software from this site, the software,
including all files, images, contained in or generated
by the software, and accompanying data are deemed
to be licensed to you by KSL Resorts. Neither title
nor intellectual property rights are transferred
to you, but remain with KSL Resorts, who
owns full and complete title.
2. Contest Rules. All contests sponsored
on this site conform with applicable local, state,
and/or federal laws.
3. Use of Interactive Areas. This website
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
content that:
- Defames, threatens, or abuses others;
- Is racially or ethnically offensive;
- Is obscene, pornographic, vulgar, or harmful
to children;
- Infringes another's rights to intellectual
property, publicity, or privacy;
- Contains advertisements, promotions, or commercial
solicitations;
- Contains information intended to assist in
the placement of a bet or wager; or
- Contains viruses, corrupted files, or any other
similar software or programs that may damage
the operation of another's computer.
KSL Resorts reserves the right to review, edit,
or delete any content you post to this website or
any other website operated by KSL Resorts and to
terminate your access to any Interactive Area at
any time without notice for any reason whatsoever.
4. 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 recommends
against the posting of any personally identifiable
information. If you are under 18 years of age,
you should ask your parents permission before posting
any information to an Interactive Area, especially
personal information about yourself, such as your
name, address, age, or e-mail address.
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. Interactive Area hosts are not necessarily
employees of KSL Resorts, and their views do not
necessarily reflect those of KSL Resorts.
5. 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 this website;
- 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 this website, 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 this website, or with any
of these Terms of Use, your sole and exclusive
remedy is to discontinue using this website.
6. Indemnification. You agree to indemnify
and hold KSL Resorts, its directors, officers, employees,
agents and representatives harmless from all claims,
liabilities, damages, and expenses (including attorneys'
fees and expenses) arising out of or relating to
(a) your use of this website; or (b) any alleged
breach of this Agreement.
7. Disclaimer of Warranties. The information,
material, services, and products included on this
website may include inaccuracies or typographical
errors. KSL Resorts may make changes or improvements
to this site at any time.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED
OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, KSL RESORTS DISCLAIMS ALL WARRANTIES
OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. KSL DESERT RESORTS DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. KSL DESERT
RESORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULT OF THE USE OF
THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
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.
8. 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.
This site is owned and operated by KSL Resorts
from the State of California, United States of
America. KSL Resorts makes no representation
that materials in this site 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.
9. 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.
10. Miscellaneous. This agreement constitutes
the entire agreement between the parties, and supersedes
all prior written or oral agreements or communications
with respect to the subject matter herein. Sections
4, 5, 6, 7, 8 and 10 of this Agreement shall survive
any termination or cancellation of this Agreement.
If any term of this Agreement is declared unlawful,
void or for any reason unenforceable by any court,
then such term will be deemed severable from the
remaining terms and will not affect the validity
and enforceability of such remaining terms. The
section headings in this Agreement are for convenience
only and must not be given any legal import.
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.