Terms and Conditions of Use
Please read these Terms and Conditions carefully before using this Site.
Acceptance of Terms
These terms and conditions (the “Terms and Conditions”) apply when you interact digitally with the Internet sites operated by Double Diamond – Delaware, Inc. and its affiliates and subsidiaries (“Double Diamond Resorts”), (the “Site” or “Sites”). By browsing, accessing, linking, using and/or downloading information (“access” or similar term) from this Site, you agree to accept and abide by these Terms and Conditions for each use and visit of this Site. If you do not agree to these Terms and Conditions, you should not access this Site.
Double Diamond Resorts provides this Site and all related Sites to you, subject to these Terms and Conditions. This is a Site for adults and we will assume (and by using this Site you warrant that) you have the legal capacity to enter into the agreement set out in these Terms and Conditions (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). These Terms and Conditions are entered into between Double Diamond Resorts and you. If you are accessing the Sites on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person’s behalf.
- Changes to Terms and Conditions
- Permitted and Prohibited Uses
- Copyright and Trademarks
- Links and Third Party Websites
- Submission of Information
- Limit of Liability
- Land Sales and Securities Disclaimers
- Governing Law and Exclusive Jurisdiction
In addition to the terms defined throughout these Terms and Conditions, the terms “User”, “you”, “your” and “yours” refer to you the Site user/reader. The terms “we”, “us” and “our” refer to Double Diamond Resorts.
Changes to Terms and Conditions
Double Diamond Resorts reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions (“Changes”), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted on this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, Double Diamond Resorts grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used in this Site and the selection and arrangements thereof (collectively, the “Content”), solely for your own personal use and non-commercial, provided, however, that you may not, nor may you allow others to, directly or indirectly:
- sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
- transfer the Content to any other person without the prior written explicit consent of Double Diamond Resort;
- use this Site in any manner that could damage, disable, overburden or impair this Site;
- upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
- interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, or another proprietary right of any person, or impersonate any person or entity;
- disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
- use or attempt to use another’s account, password, service, system or other information without prior written authorization from Double Diamond Resorts, or create or use a false identity on this Site;
- transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
- upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
- attempt to obtain unauthorized access to this Site or portions of this Site which is restricted from general access.
- You also agree that you are solely responsible for actions and communications were undertaken or transmitted in the course of your usage of this Site and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
Copyright and Trademarks
Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trademarks held or licensed by Double Diamond Resorts. You may print or download one copy of the Content on this Site on a single computer for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from Double Diamond Resorts, or Double Diamond Resorts’ content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Double Diamond Resorts is prohibited.
Links and Third Party Websites
Double Diamond Resorts provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the website URL. You agree that this Site provides no dialogue box or another clear demarcation indicator when you leave this Site and enter a Third Party Website. Links to Third Party Websites does not constitute an endorsement, sponsorship or recommendation by Double Diamond Resorts of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Double Diamond Resorts or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of Double Diamond Resorts. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.
This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Double Diamond Resorts shall not have any liability whatsoever to you for any such third party material, data or information.
Submission of Information
Although Double Diamond Resorts may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Double Diamond Resorts through this Site, Double Diamond Resorts does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (eg. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Double Diamond Resorts through this Site. Except for personal information about you, any information you do send to Double Diamond Resorts through this Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant to Double Diamond Resorts a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER DOUBLE DIAMOND RESORTS, THEIR AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
Limit of Liability
IN NO EVENT SHALL DOUBLE DIAMOND RESORTS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT DOUBLE DIAMOND RESORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE-HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DOUBLE DIAMOND RESORTS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Except for the Terms and Conditions stated herein, use of this Site does not create any contract, agreement, legal rights or obligations between you and Double Diamond Resorts. You acknowledge and agree that Double Diamond Resorts does not warrant the accuracy or completeness of text, graphics, links or other information contained within this site. You agree that you shall not act in reliance upon the information contained herein and waive any claim, demand, cause of action or damages incurred as a result of reliance on such information. Prices, plans, promotions and other information are subject to change without notice; materials could also contain typographical errors or misstatements. Illustrations are artist’s depictions only and may differ from completed improvements. Double Diamond Resorts is not responsible for any damage or loss you may incur related to the accuracy, timeliness or completeness of the information contained within this Site. Furthermore, Double Diamond Resorts shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications.
Land Sales and Securities Disclaimers
Nothing on this Site, or any Site to which it is linked, is intended to be an offering of the sale of land. Offers to sell or buy property may only be made and accepted at the sales center for the individual Double Diamond Resorts’ communities. All contracts must be approved and signed by an officer of Double Diamond Resorts or no contract may be formed. The materials provided at this Site are strictly for informational purposes as a service to Internet users and shall not be construed as an offer in any jurisdictions where prior registration or other advance qualification of real property is required. Inquire of the specific community to see if the property is qualified for sale in your jurisdiction. Responses will be limited if prior registration is required.
We are pledged to the letter and spirit of US policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
The materials and information contained on this Site do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in any companies affiliated with Double Diamond Resorts. Furthermore, this Site may contain information and press releases about and by Double Diamond Resorts; however, although this information was believed to be accurate as of the date prepared by Double Diamond Resorts, Double Diamond Resorts disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a ‘forward looking statement’ as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the ‘safe harbor’ for forward-looking information and is subject to material risk factors which may or may not be disclosed herein. This Site is not intended to make any investment representations about Double Diamond Resorts and should not be viewed as such.
You agree to defend, indemnify and hold harmless Double Diamond Resorts, and their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.
Governing Law and Exclusive Jurisdiction
Use of this Site shall be interpreted in accordance with the laws of the State of Texas. Double Diamond Resorts and you agree that any dispute arising under or in connection with the use of this Site or related to any matter which is the subject of this Site shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Dallas County, Texas.