This website (“site”) is owned, operated and provided by Goldrush Getaways Condos Program. This visitor agreement is a binding legal agreement between you and us. Please read it carefully. By using this site, you accept its terms.
The Internet and World Wide Web is an evolving medium; we therefore reserve the right to make changes the terms of this agreement from time to time. You may review them anytime by clicking on the Terms and Conditions tab located on the bottom of each page within the website. By continuing to use the service after we post any such changes, you accept this agreement, as modified.
We reserve the right to deny access to this site, or any service provided via this site, to anyone who violates this agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at anytime.
We invite you to send in your questions or comments about this site, or to bring to our attention any material you believe to be inaccurate.
OWNERSHIP AND PERMISSIONS
Our Limited License to You. This website is made available for your personal, non-commercial use only. The materials on this website are the property of Goldrush Getaways Condos Program or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. Except as otherwise indicated and/or technically restricted on or through this website, you may view and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written permission from the owner. Requests for permission to reproduce or distribute materials found on this website.
Contents of this site are: Copyright 2013 Goldrush Getaways Condos Program and/or its licensors. All rights reserved.
Your License To Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website (for example, video, audio, photos, text, etc.), such as any blogs, message boards, classifieds, forums, or community publishing areas, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers") may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. Without limiting the generality of the previous sentence, you agree that we (as defined above) may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this website, to any Third Party Providers, or to any users of any Third Party Provider services, without the requirement of providing you any form of notice and/or compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings of material that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us. No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be made by forwarding a message via our online form
The Site provides an interactive online service operated by Goldrush Getaways Condos Program on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Goldrush Getaways Condos Program Membership, affiliates of Goldrush Getaways Condos Program or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Goldrush Getaways Condos Program, and Goldrush Getaways Condos Program shall not be responsible for any data lost while transmitting information on the Internet. While it is Goldrush Getaways Condos Program's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Goldrush Getaways Condos Program, access to the Site may be interrupted, suspended or terminated from time to time.
Goldrush Getaways Condos Program shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Goldrush Getaways Condos Program may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Modified Terms
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Goldrush Getaways Condos Program shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. End User Conduct
This Site and any individual sites or merchant-specific, country specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Goldrush Getaways Condos Program's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Goldrush Getaways Condos Program's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Goldrush Getaways Condos Program.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Goldrush Getaways Condos Program, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of Goldrush Getaways Condos Program or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Goldrush Getaways Condos Program IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademarks, servicemarks or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Goldrush Getaways Condos Program owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Goldrush Getaways Condos Program or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks and servicemarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Goldrush Getaways Condos Program shall not be deemed to be in the public domain but rather the exclusive property of Goldrush Getaways Condos Program, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Goldrush Getaways Condos Program unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Goldrush Getaways Condos Program does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, servicemarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Goldrush Getaways Condos Program the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants Goldrush Getaways Condos Program the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Goldrush Getaways Condos Program, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy
Goldrush Getaways Condos Program reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Goldrush Getaways Condos Program by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Goldrush Getaways Condos Program with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Goldrush Getaways Condos Program's Copyright Agent for notice of claims of copyright infringement.
7. Disclaimer of Warranty
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER Goldrush Getaways Condos Program, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES. THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Goldrush Getaways Condos Program HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
IN NO EVENT SHALL Goldrush Getaways Condos Program, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL Goldrush Getaways Condos Program's LIABILITY IN CONNECTION WITH A Goldrush Getaways Condos Program MEMBERSHIP EXCEED THE AMOUNTS PAID FOR SUCH MEMBERSHIP, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
9. Limitations on Our Liability.
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT, SERVICE, ADVERTISEMENT OR PROMOTION AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY UNDER THE LAWS OF SUCH STATES/JURISDICTIONS.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE OR THE PRODUCTS, SERVICES, ADVERTISEMENTS OR PROMOTIONS AVAILABLE THROUGH THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.
YOU AGREE TO INDEMNIFY AND HOLD Goldrush Getaways Condos Program, ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSEES, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSEES AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY ARISING OUT OF INFORMATION OR MATERIAL YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR USE OF THIS WEBSITE, YOUR CONNECTION TO THIS WEBSITE, YOUR VIOLATION OF THIS VISITOR AGREEMENT, OR YOUR BREACH OF THE RIGHTS OF ANY THIRD PARTY.
To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and for all actions of any person that accesses this website through any username/password assigned to you. You will notify us at email@example.com of any known or suspected unauthorized use of your account.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Florida. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this agreement or use of this website.
IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
3. Materials Submitted by Other Users.
We cannot and do not review every posting made in our blogs, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
4. No Endorsements.
We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. An advertisement or a link to another website does not constitute our endorsement of that ad or the linked site (nor of any product, service or other material promoted in the ad or offered on such site.
5. No Warranties.
THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Goldrush Getaways Condos Program shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Goldrush Getaways Condos Program, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Goldrush Getaways Condos Program shall have the right, but not the obligation, to remove any material that Goldrush Getaways Condos Program, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Goldrush Getaways Condos Program a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Goldrush Getaways Condos Program, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Goldrush Getaways Condos Program from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities: Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene; Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service; Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, servicemark, trade secret, copyright or other proprietary right of any party; Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval; Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas; Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment; Uploading or posting any off-topic or irrelevant material to any blog, chat room, forum or other public posting areas; Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the Nasdaq;
"Stalking" or otherwise harassing another; Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person; Collecting or storing personal data about other users; Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated. Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
11. Personal Advertisements
Any personal advertisements permitted or otherwise made available on this site must be appropriate for all ages. Personal advertising participants must be 18 years or older. If available on this site, any personal advertising section is restricted to individuals seeking personal, monogamous relationships. All ads must be in good taste and must not solicit for sex or sexual activities. We reserve the right to edit or reject ads that do not meet these standards. Use of any available personal advertising section for any illegal purpose will be subject to prosecution.
We are not liable for the content of the personal advertisements or the responses to such advertisements. We encourage users to take appropriate safeguards when responding to personal ads and arranging meetings. Screen all respondents carefully. Meetings with new companions should occur in public places and participants should not divulge their addresses. Be smart, not sorry.
Goldrush Getaways Condos Program may terminate this Agreement at any time. Without limiting the foregoing, Goldrush Getaways Condos Program shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Goldrush Getaways Condos Program, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.
13. Trademarks and Servicemarks.
All rights in respect of these servicemarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks or servicemarks appearing on Goldrush Getaways Condos Program sites are the property of their respective owners.
14. Third-Party Content.
Goldrush Getaways Condos Program, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Goldrush Getaways Condos Program has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Goldrush Getaways Condos Program.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Goldrush Getaways Condos Program. Goldrush Getaways Condos Program neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Goldrush Getaways Condos Program by anyone other than authorized Goldrush Getaways Condos Program employee spokespersons while acting in official capacities. Under no circumstances will Goldrush Getaways Condos Program be liable for any loss or damage caused by an end user's reliance on information obtained through Goldrush Getaways Condos Program. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Goldrush Getaways Condos Program.
Goldrush Getaways Condos Program contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Goldrush Getaways Condos Program of the contents on such third-party sites, and Goldrush Getaways Condos Program hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Goldrush Getaways Condos Program expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Goldrush Getaways Condos Program reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Goldrush Getaways Condos Program established by Goldrush Getaways Condos Program, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Goldrush Getaways Condos Program arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Goldrush Getaways Condos Program; (3) the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or Goldrush Getaways Condos Program's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Goldrush Getaways Condos Program will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Goldrush Getaways Condos Program shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
Goldrush Getaways Condos Program is located at 3956 Town Center Blvd
Orlando, FL 32837. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.