Terms of Use

PUBLIC WEBSITE TERMS AND CONDITIONS OF USE
Residential Cruise Line, LTD.

Last revised: August 11, 2005

This web site ("Site") is owned and operated by Residential Cruise Line, LTD. ("Residential Cruise Line, LTD). Please feel free to browse this Site; however, your access to, and use of, this Site is subject to the following terms and conditions of use ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions.

Materials within these web pages, including all text, photography and images, are copyrighted and are either owned or licensed by Residential Cruise Line, LTD. The Site itself as a compilation is © Residential Cruise Line, LTD. 2005-2006. All rights reserved.

This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain inaccuracies or typographical errors.

Note about the images and sales process: Images provided by Residential Cruise Line, LTD. depicted on the Site are illustrative of the destinations and accommodations and are subject to change. Sales are not by Residential Cruise Line, but rather by Magellan Owners Association.

1. Use of Materials

This Site contains material which is protected by international copyright and trademark laws. No material (including, but not limited to, the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that, unless otherwise specified on the Site with respect to particular materials, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep completely intact and unmodified all copyright and other proprietary notices. Reproduction, modification, creation of derivatives or any use of the Materials for any other purpose, including by caching, framing or similar means, is a violation of Residential Cruise Line, LTD. or its licensors' copyright, trademark and other proprietary rights and is expressly prohibited without the prior written consent of Residential Cruise Line, LTD. Residential Cruise Line, LTD. shall not be liable for any errors or delays in the Materials or presentation thereof, or for any actions taken in reliance thereon. Residential Cruise Line, LTD. reserves all legal rights and remedies available to it.

2. Limitation of Liability and Disclaimer of Warranty

YOUR USE AND BROWSING OF THIS SITE AND THE MATERIALS ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE. RESIDENTIAL CRUISE LINE, LTD. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RELEVANCE OR USEFULNESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. RESIDENTIAL CRUISE LINE, LTD. ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE.

NEITHER RESIDENTIAL CRUISE LINE, LTD. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

3. Privacy Policy

Use of the Site is subject to Residential Cruise Line, LTD.' posted privacy policy, which may be viewed at http://www.residentialcruiseline.com. Your use of the Site constitutes your acknowledgement of and agreement with the terms of the privacy policy.

4. Intellectual Property

"Residential Cruise Line, LTD.," the compass design logo is a trademark of Residential Cruise Line, LTD. and its affiliates. Other trademarks, logos and marks used on the Site are owned by their respective owners and licensors. You are not authorized to use any name, logo or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Residential Cruise Line, LTD. or other respective owner of such name, logo or mark.

5. Links to Third Party Materials

Residential Cruise Line, LTD. may provide links ("Links") to Internet sites maintained by third parties. All Links to other sites found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of Residential Cruise Line, LTD. and the owners of such Links are not affiliated with Residential Cruise Line, LTD. and do not necessarily sponsor or endorse this Site. Residential Cruise Line, LTD. has not tested or verified the content, accuracy or opinions expressed on any Links and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links.

6. Indemnification

You agree to indemnify Residential Cruise Line, LTD. and to hold Residential Cruise Line, LTD. harmless from any and all claims (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, this Site.

7. Governing Law; Jurisdiction; Venue

This Agreement shall be construed solely in accordance with the internal laws of the State of Arizona and the United States, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in the County of Maricopa, Arizona or in the U.S. District Court for the District of Arizona, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto.

8. Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

9. General

Residential Cruise Line, LTD. may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page ("Legal Page"). You are bound by any such revisions and should therefore periodically visit this Legal Page to review the current Terms and Conditions.

10. Contact Information

For general inquiries about the Site, you may contact Residential Cruise Line, LTD. at:

Residential Cruise Line, LTD.
4145 E. Baseline Rd.
Gilbert, AZ 85234
480-497-8833
sales@residentialcruiseline.com

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