IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing or using EllicottVillas, LLC's (hereinafter "Operator") EllicottVillas, a Private Residence Club website, www.ellicottvillas.com (the "Site"), you agree to be bound by the following terms and conditions governing use of the Site (the "Terms of Use"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE OR ACCESS THE SITE AND YOU SHOULD LEAVE THE SITE IMMEDIATELY.
The purpose of this Site is to provide you with information about EllicottVillas, a Private Residence Club and related services, products and properties. This Site is for your personal and non-commercial use. You may not use this Site to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Operator, its affiliates or others. Your use of, and browsing in, the Site is 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 this Site.
As between you and Operator, all content of this Site, including its appearance and look and feel, are owned by Operator unless otherwise expressly indicated in the Site. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this Site, except as expressly permitted in the Terms of Use.
You understand and acknowledge that you are solely responsible for all information, data, text, or other materials or other content that you provide to Operator via this Site and that Operator is not responsible or liable for this information.
This Site may contain links to other third party websites or resources. These links are provided for your convenience only. Operator has no control over these websites or the content contained therein. Such links do not constitute endorsements by Operator of any third party websites accessible through such links, their content or any products or services made available thereon. Linking to this Site, and/or framing any portions of this Site without Operator's express written permission is prohibited. You agree and acknowledge that Operator is not responsible or liable for any content or related materials contained on any of these third party websites and that you will not link or frame any portions of the Site without the express written permission of Operator.
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (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, THAT THE SITE'S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (B) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS SITE, AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE.
This Site has been published in the United States for residents of the United States only. You agree to use this Site in accordance with all federal, state, and local laws and the terms of conditions contained herein. This Site is not intended for use by, or to provide any information to, users outside of the United States, and any such users should not rely on any information appearing on this Site.
To the maximum extent permitted by law, Operator 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 this Site, or a delay or inability to use the Site, including without limitation, damages due to lost profits, business interruption, loss of data or damage to systems, even if Operator has been expressly advised of the possibility of such damages.
You hereby agree to indemnify, defend, release and hold harmless Operator from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) they incur arising as a result of your use of this Site, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Operator or any other person or entity.
The EllicottVillas, a Private Residence Club Privacy policy, found within the Site, applies to use of the Site, and its terms are made part of these Terms of Use.
Operator encourages and supports a marketing effort in which there are no barriers to obtaining housing because of race, color, religion, sex, national origin, handicap or familial status and the information contained on this Site conforms with this policy.
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.
You acknowledge that Operator may terminate your access to this Site at any time, with or without cause.
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Operator.
If you have any questions, comments, complaints or service issues pertaining to this Site, please contact an Operator representative at ______________.
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 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.
These Terms of Use and any disputes arising out of or related to the Site or use of the Site shall be governed by the laws of the State of New York, without regard to its conflict of laws.
Operator reserves the unilateral right, in its sole and absolute discretion, to modify, change, add or remove portions of these Terms of Use and to change, suspend or discontinue all or any portion of the Site at any time, in its discretion, 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 Site 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.
THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING TIMESHARE SALES.
THE COMPLETE OFFERING TERMS ARE IN AN OFFERING PLAN AVAILABLE FROM SPONSOR. NY FILE NO. T10-0004.
EllicottVillas is located at 6394 Route 242 East, Ellicottville, NY 14731-9504.
