Terms of Use

 

Updated: April 15, 2011

ResortLocals.com is a media site for resort-town locals.  We want to help make your life easier — offering news, information, resources, and connections so that your local resort community becomes more tight-knit.  We also help locals share their profiles — whether they are looking to help other locals, find employment, offer local discounts, promote their services or just meet one another.  Take advantage of the site and connect with other locals, keeping those interactions positive, encouraging and supportive so all locals reach their goals.  Our vision for this site is simple: we want to give you positive opportunities to learn, share and connect with other locals in an effort to thrive in your resort town.

This page states the terms and conditions (the “Terms of Use”) for use of www.resortlocals.com (the “Site”), any good, service or information available on the Site and the Site Privacy Policy, found at www.resortlocals.com, which is incorporated by reference into the Terms of Use. Please read this page carefully. If you do not accept the Terms of Use stated here, do not use this Site or purchase the goods and services set forth on the Site. By using this Site, you are indicating your acceptance to be bound by the Terms of Use.

Sharing Profiles, LLC (the “Company”) may revise the Terms of Use at any time by updating this page. You should visit this page periodically to review the Terms of Use, because they are binding on you. If at any time you find the Terms of Use unacceptable, you should no longer use the Site. The terms “you” and “User” as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Site for any reason and include, but are not limited to, “Locals” (individuals living in resort towns), “Hirers” (seeking candidates for work) and “Workers” (posting profiles).

You may use this Site as expressly allowed in the Terms of Use. You may not allow third parties to use this Site for any reason. You may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. You may not violate or attempt to violate the security of the Site, including, without limitation, accessing data that you have not been authorized to review; circumventing authentication mechanisms; providing your password to others; or interfering with the Site in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Site other than as provided through the Site and/or a standard third party browser (e.g., Netscape Navigator, Microsoft Explorer).

Use of Materials

The content of this Site, such as text, graphics, images, logos, button icons, and communications and content from users like you (collectively, “Material”) is protected under copyright, trademark and other laws. All Material is the property of the Company, its content suppliers or users. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of the Company and protected by copyright laws. The Company authorizes you to view the Material on the Site solely for the purpose of locating and connecting with potential workers (if you are a Hirer) and for the purpose of seeking part-time work (if you are a Worker). You may not “scrape” or view and use the Material for any purposes other than expressly allowed in the Terms of Use. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose not expressly authorized in the Terms of Use. You may not “frame” the Materials or display the Material through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code that the Company creates to generate its web pages.

User Content

Users are responsible for their communications and postings, including, but not limited to, profiles, photos and connections (“User Content”). The Company does not have an obligation to assess or guarantee the accuracy or appropriateness of User Content (even if Company elects in its discretion to attempt to do so). You agree not to post User Content that infringes or breaches another party’s intellectual property rights, contract rights or other rights. By posting User Content, you warrant that you have the right through ownership, license or consent to submit the User Content to be used in accordance with the Terms of Use. You agree not to post inappropriate User Content, including but not limited to, obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or sexually-explicit User Content, solicitations of business, chain letters or pyramid schemes. The Company is not responsible for any User Content or actions or omissions in response to User Content. You are solely responsible for the form, content and accuracy of any User Content.

By submitting User Content, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral right) and license to use, reproduce, distribute, display and create derivative works from, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You may not share your password with others. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

Links

The Site may contain links to third party websites as a convenience. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

No Resale or Unauthorized Use

You agree not to resell or assign your rights or obligations under the Terms of Use. You also agree not to make any unauthorized use of the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE MATERIAL OR OTHER CONTENT INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND DOES NOT WARRANT THAT THE PROFILE POSTINGS OR OTHER CONTENT ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE ON ACCOUNT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE COMPANY CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF POSTINGS ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

The aggregate liability for the Company, affiliates, or employees or agents of the Company to you for all claims arising from or related to the use of the Material, User Content or other goods or services provided through the Site is limited to one hundred dollars. No suit or action shall be brought against the Company more than one year after the cause of action has accrued.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any third party claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your breach of the Terms of Use or use of the Material, including but not limited to, User Content. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Termination

The Company reserves the right, at its sole discretion, to terminate your use of the Site at any time for any reason, in which case, you would receive a refund for any amount paid for services not yet rendered if you were in compliance with the Terms of Use when the Company terminated your right to use the Site.  Once a user account is suspended or terminated, that user should no longer post.  If they use other accounts to post, those other accounts can be subject to suspension and even termination.  If someone helps a user, who is suspended or terminated, post, that user could end up with a suspension on termination as well. 

General

The Company makes no claims that the Material may be lawfully viewed or downloaded outside of the United States. Access to the Material may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms of Use are governed by the laws of Minnesota, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under this agreement shall lie exclusively with the state or federal courts within Minnesota. If any provision of the Terms of Use and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided otherwise, the Terms of Use constitute the entire agreement between you and the Company with respect to the use of Site and the Material.

Changes to the Terms of Use shall be made by a revised posting on this page.

Changes to the Privacy Policy will be posted on www.resortlocals.com.

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