This is the Terms of Use for all websites owned or operated by Resortia LLC (“Resortia”), located at 104 Broadway Suite 600, Denver, CO 80203, including, without limitation the following websites, Kiawah and other websites Resortia may own or manage in the future (each a “Site” and collectively, the “Sites”). These Terms of Use set forth the terms and conditions under which you are authorized to use the Sites.

To the extent rules or guidelines affecting your use of the Sites are found on other pages of the Sites, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using any of the Sites you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using our Sites.

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Sites regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted at the applicable Site, without further notice to you. Your continued use of any Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

Description of Service

Our Sites allow individual users to view and inquire about vacation rental properties in various destinations, for property owners to submit information about potential new rental properties, for users to view information about vacation destinations, and other related services we may add from time to time. You will see a wide variety of content on our Sites, including property listings, property information forms, photographs, videos, information about various vacation destinations, and more (collectively “Content”). To the extent new Content, services, or features are added to the Sites in the future, the use thereof is subject to these Terms of Use.

Privacy Policy

Our Privacy Policy describes the information we collect when you and others use our Sites, as well as how we use the information. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RESORTIA, ITS AFFILIATED ENTITIES, AND THE OFFICERS AND DIRECTORS OF EACH OF THEM (COLLECTIVELY THE “RESORTIA PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, YOUR USE OF THE SITES, AND ANY PROPERTIES, CONTENT, OR INFORMATIO YOU MAY VIEW ON THE SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RESORTIA PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OR TIMELINESS OF CONTENT OR SERVICES THROUGH THE SITES OR RELATED TO ANY PROPERTIES ON THE SITES, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS. UNDER NO CIRCUMSTANCES, WILL THE RESORTIA PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF THE SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY RESORTIA PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RESORTIA PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS. NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Resortia Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of any Site, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of any Site using your computer or account.

Modifications and Interruption to the Sites

Resortia reserves the right to modify or discontinue all or any portion of the Sites with or without notice to you. The Resortia Parties shall not be liable to you or any third party should Resortia exercise such right. You acknowledge and accept that Resortia does not guarantee continuous, uninterrupted or secure access to the Sites, that operation of the Sites will not be uninterrupted or error free, and that usage of our Sites, may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites, Content and Functionality

Our Sites include links to other sites on the Internet that are owned and operated by third parties, and certain content and functionality on or available through our Sites may be provided by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. In addition, our Sites contain certain features and functionality provided and managed by third parties. The Resortia Parties do not guarantee, and will not be liable for, any defects in or damages caused by such third party functionality.

Your Obligations

As a condition of your right to use the Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country.

Providing Information on the Site

Certain features of our Sites will require you to provide your personal information, such as your name, e-mail address, phone number, or other information, or may require you to provide details of your travel plans, travel budget (or property listing details if you wish to list a property on one of our Sites).

If you wish to provide information on any of our Sites you agree to provide accurate, current and complete personal data and information about yourself, your travel plans and your properties if applicable, and further agree that you will update such data to keep it accurate, current and complete. Resortia reserves the right to suspend or terminate your use of the Sites if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.

Disclaimer Regarding Accuracy of Content

Some of the Content on the Sites has been provided by or obtained from parties other than Resortia. The Resortia Parties make no representations or warranties as to the accuracy or reliability of any Content on the Sites created or provided by third parties, or with regard to any rental properties or service provided or offered by any third party on the Sites (including without limitation advertisers on the Sites and individuals or entities submitting property listings on the Sites) and you acknowledge that any reliance on representations and warranties provided by any party other than Resortia shall be at your own risk. You expressly agree to hold The Resortia Parties harmless for any claims of damage arising from any rental properties or service provided by any third party.

Copyright and Trademark Information

All Content included or available on the Sites, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright Resortia or its affiliated companies and/ or its third party licensors, with all rights reserved, and is protected by the intellectual property rights of those owners. Any use of Content or functionality on the Sites, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Resortia, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Resortia. You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Sites provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Resortia. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on our Sites, without the express consent of those third parties. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of the Sites will be deemed by Resortia to be an intentional infringement. All trademarks displayed on the Sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Resortia or its affiliated entities.

Links to the Site; Prohibited Framing

Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the content on the Sites, provided that the hyperlink accurately describes the content as it appears on the Sites.

Under no circumstances may you "frame" the Sites or any of their Content or copy portions of the Sites to a server, except as part of an Internet service provider's incidental caching of pages. When a page of our Sites is accessed from a link featured on your web site, each page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. Resortia reserves the right to revoke these licenses generally, or your right to use specific links, at any time, with or without cause.

Governing Jurisdiction of the Courts of the State of Colorado.

Our Sites are operated and provided in the State of Colorado. As such, we are subject to the laws of Colorado, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access any of our Sites you agree to do so subject to the laws of Colorado and, as applicable, the United States. The state and federal courts of Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of any Site.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Sites in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Resortia or its affiliated entities, in our sole discretion, to a third party in the event of a merger or acquisition of Resortia or any of its affiliated entities. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between Resortia or its affiliated entities and any user of any Site. You agree and understand that these Terms of Use constitute the entire agreement between you and Resortia regarding your use of the Sites, and that any and all prior agreements between you and Resortia are superseded by these Terms of Use. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with Resortia, its affiliated entities (including without limitation an agreement to provide Content for the Sites or to rent a property listed on the Sites). You may not amend these Terms of Use. Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. Any failure by any Resortia Party to exercise its rights under these that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.