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PRIVACY STATEMENT
It is part of the KSL Resort's Mission Statement that at all of the resorts of KSL Resorts, we strive to
create "Customers for Life." One of the ways that we work towards this goal is by respecting your
privacy as you explore the unique websites of our resorts, in addition to KSLResorts.com. This Privacy Statement
applies to information collected by KSL Resorts and our resorts (collectively, "we" or "KSL Resorts")
whether online through KSLResorts.com and the websites of our resorts (the "KSL Websites"), in person when you
provide information to our resorts, or from third parties to whom you have provided information. The purpose of this Privacy
Statement is to inform you about the types of information we gather about you when you visit the KSL Websites or our resorts,
information we may receive from third parties or affiliates, how we may use that information, whether we disclose that
information to anyone and the choices you have regarding of our use, and your ability to correct, the information.
This policy does not apply to other websites which are linked to any of the KSL Websites. Please also be aware that
our promotional partners, advertisers, sponsors, tenants and concessionaires accessible through the KSL Websites
or at our resorts and websites owned or controlled by independent third party owners of hotel, resort, or residence
properties that may have the ability to book reservations through KSL Resorts, or websites not controlled or authorized
by KSL Resorts may have their own privacy and data collection policies and practices. We are not responsible for any
actions or policies of such third parties. You should check the applicable privacy policies of those third parties when
providing personally identifiable information to them.
How We Collect and Use Information
We collect information in several ways by your use of the KSL Websites or your interaction with us at our
resorts. When you log onto a KSL Website, our servers log your IP address, the URL of your request and other information
that is provided in the HTTP header. When you conduct searches on the KSL Websites, we may log the search terms that you use.
KSL Resorts collects this information in order to provide information about our products and services that will meet the
expectations of our guests.
"Cookies" are small files that are stored on your machine and may be used to store your personal information.
For example, we use "cookies" to (i) customize content specific to your interests, (ii) ensure that you do not
see the same advertisement repeatedly and (iii) store your password so you do not have to re-enter it each time you use the
KSL Websites.
A "pixel tag" is a clear (transparent) image placed on a web page to collect information about the page view.
KSL Resorts uses pixel tags to aggregate web traffic information, such as the number of unique visitors, the top paths
through the site, entry pages and exit pages. KSL Resorts does not use pixel tags to collect any personal information such
as your name, age, phone number, address or e-mail address from visitors and we do not maintain a database of individual
browsing profiles.
KSL Resorts may collect information about you so that we can provide an experience that is responsive to our guests' and
visitors' needs. We may collect information as part of: (i) fulfilling reservation or information requests, (ii) purchasing
products or services, (iii) registering for program membership, (iv) engaging in various activities at our resorts, (iv)
submitting a job application, or (v) responding to communications from us (e.g., surveys, promotional offers, contests or
sweepstakes, or reservation confirmations). We endeavor to collect information only with your knowledge or (based upon this
privacy statement) your expectation and with your permission if necessary.
The types of personally identifiable information we collect may include your name, email addresses, telephone and fax numbers,
credit card information, date of birth, gender, and lifestyle information such as room preferences, leisure activities,
names and ages of children, and other information either desirable to provide quality services to our guests and visitors
or necessary to fulfill special requests (e.g., health conditions that require special room accommodations). We may also
collect information about you, such as your use of our KSL Websites, travel habits, communication preferences, and aggregated
data relative to your stays.
We will use the information we collect from you to fulfill reservations that you have made with us and to provide goods
or services which you have requested or purchased from us. We may also use your personal information to send you a pre-arrival
message summarizing your confirmation details and providing other information about the area and the hotel, notify you about news,
special offers and promotions, and send you copies of your hotel bills when you request them. KSL Resorts may also use third party
service providers to send and distribute e-mail and to perform other marketing and product support functions. You can opt-out of
receiving e-mails from KSL Resorts at any time by selecting the opt-out link included in the e-mail or by clicking here.
Sharing Personal Information Collected on our Websites
We may share your personal information among KSL Resorts' affiliates, owners and operators of our managed hotels, and KSL
Capital Partners, LLC. We may also share information with select third parties who offer goods or services we think may be
of interest to you. From time to time we may partner with other companies to provide co-sponsored or co-branded promotions,
products and services and may share your information with our co-sponsor. For example, we may co-sponsor some sweepstakes or
contests on our site with other companies or we may provide prizes for sweepstakes and contests sponsored by other companies.
If you enter one of these sweepstakes or contests, we may share your personal information with our co-sponsor or the third-party
sponsor. When you use a credit card to purchase goods or services, we may share your information with the credit card company
and other companies involved in the authorization process. Use of shared information is subject to third parties' policies.
We rely on service providers to help us deliver products and services, such as offering products and services, providing services
in connection with our websites including airline and rental car packages, communicating news and delivering promotional materials
via email and direct mail, processing credit card transactions, and administering sweepstakes and surveys.
During the course of our business we may also share aggregated demographic and statistical information that is not personally
identifiable.
KSL Resorts may also disclose an individual's personal information to:
- a person who in the reasonable judgment of KSL Resorts is seeking the information as an agent of the individual.
- a company or individual employed by KSL Resorts to perform functions on its behalf, such as but not limited to research or data processing.
- another company or individual for the development, enhancement, marketing or provision of any of KSL Resorts's products and services.
- an agent used by KSL Resorts to evaluate the individual's creditworthiness or to collect the individual's account.
- a credit reporting agency.
- in situations where sharing or disclosing your information is required in order to offer you products or services you desire (e.g., a vacation package).
- a public authority or agent of a public authority, if in the reasonable judgment of KSL Resorts, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
- another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or re-organization.
- a third party or parties, where the individual consents to such disclosure or disclosure is required or permitted by law.
KSL Resorts may also be required to use or disclose your information in connection with a legal action or other proceeding.
This includes any actions that may be brought by KSL Resorts against you as a result of your failure to meet your obligations
under any agreements you may have with us including the Terms of Use and Notice Agreement for the KSL Websites and your reservation
agreement.
How we Store Your Information
KSL Resorts is committed to protecting the security of any personal information you provide. For these reasons, certain financial
information, such as credit card data, will generally be transferred over a Secured Socket Layer (SSL) connection (provided that
it is supported or enabled on your browser). In spite of these protections, any information submitted over the Internet could be
intercepted or otherwise corrupted during transmission. As such, KSL Resorts cannot guarantee the security of any data submitted
over the Internet. After your information reaches KSL Resorts, however, it is stored on servers (or in the case of information
received from you in person or over the phone in storage areas) protected by procedures and technology designed to block reasonably
foreseeable intrusions by unauthorized third parties. The servers are under the control of KSL Resorts at all times but may be
hosted, managed or otherwise maintained by third party service providers. These third party service providers have no right to
use or access this data other than at the direct request (or on behalf of) of KSL Resorts.
Accessing Your Information
You may access and change certain information that you submitted during registration (if you have registered at a KSL Website)
at any time by providing your username and password. Fields that may be changed include: name, address, company name, e-mail
address, and your password. Please keep your password in a safe place and do not provide this information to anyone. We strongly
encourage you to check the accuracy of your data regularly as KSL Resorts will use your e-mail and home address to communicate
with you regarding products or services that you have requested. KSL Resorts will not be liable for any problems or difficulties
that arise as a result of your failure to keep your information up to date.
Third Party Links
The KSL Websites may list or link to third party products or services. KSL Resorts does not have any control over the quality,
safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the
ability of buyers to buy items. For these reasons, KSL Resorts and its affiliates cannot ensure that a buyer or supplier will
actually complete a transaction. KSL Resorts will not be a party to any transactions between you and such third parties and any
correspondence concerning such transactions should be conducted between you and the third party.
Minors
KSL Resorts does not seek to obtain nor does it wish to receive personally identifiable information directly from minors;
however, we cannot always determine the age of persons who access and use our websites. If a minor (as defined by applicable law)
provides us with his/her data without parental or guardian consent, we encourage the parent or guardian to contact us to have this
information removed and to unsubscribe the minor from future KSL Resorts marketing communications.
CONTACT US
If you would like to update your information, modify your communication preferences, or if you do not want to receive marketing
communications from KSL Resorts in the future, you can contact us:
by e-mail:
privacypolicy@kslresorts.com
by fax:
760.564.8090
by writing to us at:
KSL Resorts
50-905 Avenida Bermudas
La Quinta, CA 92253
Attention: Privacy Policy
Special Notification for California Residents
Individual customers who reside in California and have provided their personal information to KSL Resorts may request information
about our disclosures of certain categories of personal information to third parties for their direct marketing purposes.
Such requests must be submitted to us at one of the following addresses: california.privacy@kslresorts.com or KSL Resorts,
Attn: California Privacy Request, 50-905 Avenida Bermudas, La Quinta , CA 92253 . Within thirty days of receiving such a request,
we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing
purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request
may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the
address specified in this paragraph.
Policy Changes
KSL Resorts may amend this Privacy Statement from time to time in order to meet changes in the regulatory environment, business
needs, or to satisfy the needs of our guests, properties, strategic marketing partners, and service providers. Updated versions
will be posted to our website and date stamped so that you are always aware of when the Privacy Statement was last updated.
© 2008 KSL Resorts. All Rights Reserved
TERMS OF USE AND NOTICE AGREEMENT
Privacy Policy
The KSL Resorts website, the websites of our resorts, and the materials and services of which those various websites are
comprised including web pages and web services (collectively, the "KSL Websites") are owned and/or operated by KSL
Resorts and its affiliates (collectively referred hereinafter as "KSL Resorts", "we" or "KSL Resorts and
its affiliates").
THIS TERMS OF USE AND NOTICE AGREEMENT ("Agreement") IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH A KSL WEBSITE.
BY ACCESSING A KSL WEBSITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS OF USE.
By viewing, using, transmitting, caching, storing and/or otherwise utilizing the KSL Websites, the service and functions offered
in or by the KSL Websites and/or the contents of the KSL Websites in any way, you have agreed to each and every term and
condition set forth herein and waive any and all rights to claim any ambiguity or error in this Agreement or the KSL Websites.
If you do not accept these Terms and Conditions of Use, please exit the KSL Websites
immediately by clicking here .
Additionally, the KSL Websites may themselves contain different terms, conditions or service, including without limitation,
features offering promotions or contests. If there are other terms, provisions or conditions which conflict with the terms and
conditions set forth herein, then the terms and conditions of this Agreement shall control unless the agreement including such
conflicting terms or provisions is executed by KSL Resorts and specifically refers to these terms. While these terms describe
the information and content that may be collected by KSL Resorts and through the KSL Websites, the specific policies governing
the transmission, storage and use of such information is provided in the
KSL Resorts Privacy Statement .
- Access to Website. KSL Resorts is providing you with the capability to use the KSL Websites. You are solely
responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems,
browsers, applications, and other hardware, software and system components, as well as telephone, cable or
data communications lines and connections, that are necessary to access and use the KSL Websites through the Internet.
- Eligibility for Use. The KSL Websites are available only to individuals who can form legally binding contracts
under applicable law. As a condition to your use of the KSL Websites, you represent that you or the entity you are
representing can form legally binding contracts under the laws of your country, state and/or locality. If you are
a minor or not capable of entering into a legal contract, please exist KSL Websites immediately. KSL Resorts or
any of its parents, subsidiaries, affiliates, agents or assigns, may refuse the use of, and participation in, the
KSL Websites to anyone at any time, in KSL Resorts' sole discretion.
- Your Information/Passwords. To facilitate your use of the KSL Websites, you may be able to use user identification,
passwords or similar codes to allow you access to restricted areas of a particular KSL Website. You are responsible for
the security of your accounts and for any financial transaction which you enter into. In consideration of your use of
the KSL Websites, you agree to (i) provide true, accurate, current and complete information about yourself as prompted;
(ii) to maintain and update such information promptly; (iii) prevent unauthorized access or use by you or others using
your user identification and/or password; (iv) report any unauthorized use or disclosure of your password or other
breach of KSL Website security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you
under this Agreement. If you provide, or if KSL Resorts has reasonable grounds to suspect that you have provided,
any information that is untrue, inaccurate, not current or incomplete, or you misuse or permit another to use your
password who is not authorized to do so, then KSL Resorts has the right to refuse any and all current or future use by
you of the KSL Websites (or any portion thereof).
- Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice,
statements, representations, services, and other information provided through the KSL Websites. KSL Resorts does not endorse
or represent the reliability, accuracy or quality of any information, goods, services, or products displayed or advertised
on the KSL Websites. We make no representations or warranties, express or implied, with respect to the information provided
on the KSL Websites.
- Links to Third-Party Websites. Although we hope that you will find the material on the KSL Websites informative, the
material and links to third-party websites and resources that may be included on the KSL Websites are provided for informational
purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by KSL Resorts of the
organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied,
with respect to the information provided on the KSL Websites or any third-party website which may be accessed by a link from the
KSL Websites, including any representations or warranties as to accuracy or completeness. Because KSL Resorts has no control
over third-party websites and resources, you acknowledge and agree that KSL Resorts is not responsible for the information and
contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations,
advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and
agree that KSL Resorts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused in connection with your use or reliance on any such content, goods or services available on or through any such site or resource.
- Restrictions on Use. The KSL Websites are available for you to make purchases and reservations for certain goods and services
presented. On the condition that you agree that your use is governed by the terms and conditions of this Agreement , KSL Resorts
hereby grants to you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the information
and services found at the KSL Websites for the limited purposes expressly permitted in this Agreement. You may view, display and make
one printed copy of the information found on the pages of the KSL Websites, provided, however that you (i) do so only for the purposes
of receiving, accessing, analyzing and using the information made available at the KSL Websites in accordance with the terms and
conditions of this Agreement, for you personal, non-commercial use only; and (ii) do not remove, alter, change, obscure or delete
any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the KSL Websites. Information may
not be copied (except as provided in the preceding sentence), distributed, reproduced, or republished, uploaded, posted, or
transmitted in any way, without the prior written consent of KSL Resorts. The use of such information on any other website, Internet,
extranet or other site or computer environment is strictly prohibited, without KSL Resorts' prior written permission. No rights are
granted to you except those expressly stated here.
You may only use the KSL Websites to make legitimate reservations or purchases and shall not use the KSL Websites to make any speculative,
false or fraudulent reservations, or any reservation in anticipation of demand. You further agree that you will not use the KSL
Websites for any purpose that is unlawful or prohibited by this Agreement.
You agree that you will not use the KSL Websites for chain letters, junk mail, "spamming", solicitations
(commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any
person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext
link from any website controlled by you or otherwise, to KSL Websites without the express written permission of KSL Resorts.
You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee
or agent of KSL Resorts or any third party that provides services related to the KSL Websites.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the KSL Websites or
any contents or information contained therein, unless you obtain KSL Resorts' prior express written consent. You agree that you
will not through any means interfere or attempt to interfere with the proper functioning of the KSL Websites.
You agree that you will not provide to KSL Resorts and/or to the KSL Websites: (i) any viruses, worms, time bombs, and/or other
computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data
or information; and (ii) any content that may create liability for KSL Resorts or cause KSL Resorts to lose (in whole or in part)
the services of our suppliers.
- Contest Rules. All contests sponsored on the KSL Websites are designed to conform with applicable local, state, and/or federal
laws and will be subject to any additional terms or conditions that are provided at the time that you enter such contest. When you
enter a promotion, sweepstakes, or contest hosted by the KSL Websites or sponsored by KSL Resorts and/or our affiliates, we ask for
your name, address, and email address. You may be asked to provide additional information or to answer certain questions, some of
which may be optional, in order to participate. We may contact you in connection with a particular promotion, such as a sweepstakes
or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other
purposes.
- Information Sharing and Disclosure Practices. Promotions that are hosted on the KSL Websites may be sponsored by KSL Resorts,
may be co-sponsored by KSL Resorts and another company, or may be sponsored by companies other than KSL Resorts. Some or all of
the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form in accordance with
the KSL Resorts Privacy Statement. When you participate in a KSL Resorts-sponsored or hosted promotion, you are subject to the
Official Rules of that promotion. For a complete disclosure of our data collection and sharing practices, please click here
- Products and Services. KSL Resorts provides certain goods and services. The following terms shall apply to each good/service respectively:
Room Reservations.
If you elect to make a room reservation through the KSL Websites and do not have an established user profile, you will need to furnish
your name, telephone number, e-mail address, billing address and credit card type, number and expiration date, in addition to the dates
of your stay, the number of rooms you will require and the number of adults and children in your party. In order to permit us to serve
you better, you may also submit information that may relate to discounts, membership rewards, or other special considerations that may
impact the price or availability of the rooms being offered. KSL Resorts will accept such request by sending an email confirming your
reservation, including check in and check out dates. KSL Resorts will reserve a deposit on your credit card equal to the cost of two
days' stay (or one day in the case of a single night reservation). Your credit card will not be charged for such deposit in the event
that you notify KSL Resorts (either by phone or through the applicable KSL Website) of your intent to cancel at least 7 days in advance
of such reservation. Thereafter, KSL Resorts will charge the full amount of such deposit to the credit card provided. For additional
information concerning availability of any one of our resorts,
CLICK HERE.
Group/Meeting Planning.
KSL Resorts offers a number of opportunities to host groups and meetings or conventions of all types. Meeting Planners that are
interested in receiving information concerning rates and availability at a particular KSL Resorts property can do so by completing
an online request with your e-mail address. A KSL Resorts representative will contact you shortly. You may also call KSL Resorts'
national sales office for more information.
Purchasing Products.
KSL Resorts may from time to time offer products that may be purchased on the KSL Websites. In such an event, you will need to furnish
your name, telephone number, e-mail address, billing address and credit card type, number and expiration date as well as the address
to which the product(s) will be shipped. KSL Resorts will confirm acceptance of your offer by sending you a notice to the e-mail address
provided. This may also include the shipping or other tracking number provided by a third party shipping provider.
Third-Party Products or Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the KSL Websites, including
payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that KSL Resorts shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the KSL Websites.
- Use of Interactive Areas. The KSL Websites may contain "Interactive Areas," including chat rooms, bulletin boards, or other
message and communications features to which you agree to post only messages or other information that are proper, lawful, and related to
the particular Interactive Area. In addition, but without limitation, you may not post, email, transmit, or otherwise make available any
content that:
- Generates provisional reservations or reservations intended to create demand;
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Encourages criminal activity;
- Is harmful to children or minors;
- Infringes another's rights to intellectual property, publicity, or privacy;
- Contains advertisements, promotions, or commercial solicitations;
- Intentionally or unintentionally violates any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Treasury Department's list of Specially Designated Nationals or anyone subject to the same or
similar restrictions even if not listed on the US Commerce Department's Tables of Deny Orders;
- Contains information intended to assist in the placement of a bet or wager;
- Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Contains information that is untrue, inaccurate, not current or incomplete, or KSL Resorts
has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
- Is provided with the intent to annoy, abuse, threaten, or harass any other person; or
- In the event that KSL Resorts has reason to believe that you have posted, emailed, transmitted
or otherwise made available any of the restricted content described above, KSL Resorts reserves the
unrestricted right to suspend or terminate your account and refuse any and all current or future uses
of the Service (or any portion thereof). KSL Resorts and its affiliates also reserve the right to refuse
service, terminate accounts, remove or edit content or cancel your pending orders in our sole
and absolute discretion.
- Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications;
therefore, any information or content you post to an Interactive Area may be read by others. KSL Resorts does not endorse or
control the content, messages or information found in any Interactive Area and, therefore, KSL Resorts specifically disclaims
any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
KSL Resorts and its affiliates may prohibit you from participating in or utilizing the KSL Websites if in our sole and
absolute discretion you show a disregard for this Agreement. You acknowledge and agree that KSL Websites may preserve
content you post and may also disclose content you post if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement
(c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of KSL Resorts, the users of the KSL Websites or the public.
- Limits on Liability. KSL Resorts will not be liable for:
The contents of any communication, message, or information posted by you or other third parties;
The content of any website not controlled, owned, or operated by KSL Resorts that is accessed from or linked to the KSL Websites;
The content, services or information provided by any website purporting to be operated by KSL Resorts or its affiliates,
but not actually affiliated with, controlled, owned, or operated by KSL Resorts;
Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption,
defect, delay in operation of transmission, computer virus, or line failure; and
Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to
use the KSL Websites, even if KSL Resorts has been advised of the possibility of such damages. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply
to you. If you are dissatisfied with any portion of KSL Websites, or with this Agreement, your sole and exclusive remedy
is to discontinue using KSL Websites.
- Indemnification. You agree to indemnify and hold KSL Resorts, and its subsidiaries, affiliates, officers, directors,
managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make
available through the KSL Websites, your use of the KSL Websites, your connection to the KSL Websites, your violation of
this Agreement, or your violation of any rights of another.
- Disclaimer of Warranties. The information, material, services, and products included on the KSL Websites may include
inaccuracies or typographical errors. KSL Resorts may make changes or improvements to this site at any time.
THE CONTENT, SERVICES AND MATERIALS IN THE KSL WEBSITES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. KSL RESORTS AND ITS AFFILIATES
DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS
OF THE SERVICES, CONTENT OR MATERIALS IN THE KSL WEBSITES OR ANY KSL WEBSITES LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, KSL RESORTS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY,
CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. KSL RESORTS AND ITS AFFILIATES DO NOT WARRANT THAT THE KSL WEBSITES OR THE SERVICES, CONTENT, MATERIALS
OR FUNCTIONS CONTAINED IN THE KSL WEBSITES WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE KSL WEBSITES, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE KSL WEBSITES OR SUCH SERVICES,
CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. KSL RESORTS AND
ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT,
MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE KSL WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event KSL Resorts and its affiliates are held liable for any damages related to such matters, your sole and exclusive
remedy will be limited to reimbursement for services or products paid by you to the entity. KSL Resorts and its affiliates
explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to
or from the KSL Websites. KSL Resorts and its affiliates cannot ensure that you will be satisfied with any products or services
that you purchase from the KSL Websites or from a third-party site that links to or from the KSL Websites or third-party content
on the KSL Websites. KSL Resorts and its affiliates do not endorse any of the merchandise, nor have KSL Resorts and its affiliates
taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content.
KSL Resorts and its affiliates do not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you might be requested to give any third party, and
you hereby irrevocably waive any claim against the KSL Resorts and its affiliates with respect to such sites and third party content.
KSL Resorts and its affiliates strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties. KSL Resorts and its affiliates are not responsible for telephone,
electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late,
lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or
entries, or the security of any and all such matters.
Further, KSL Resorts and its affiliates are not responsible for incorrect or inaccurate entry information, whether caused by Internet
users or by any of the equipment or programming associated with or utilized in the KSL Websites or by any technical or human error
which may occur in the processing of any information related to the KSL Websites.
If for any reason any portion of the KSL Websites is not capable of running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of KSL Resorts
which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the KSL Websites, KSL Resorts and its
affiliates reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you from using the KSL Websites,
and to cancel, terminate, modify or suspend the KSL Websites or any portion thereof.
You also agree that the KSL Resorts and its affiliates are not responsible or liable in any way for injury, loss or damage to your computer
or interception or use of credit card information, related to or resulting from use of the KSL Websites or any sites, services or materials
linked or related thereto or there from and also are not responsible or liable in any way for any injury, loss, claim or damage relating to
or resulting from any part of the KSL Websites operating or not operating on computers or networks used by you or communicating with such
computers or networks.
Although KSL Resorts and its affiliates intend that product descriptions contained in The KSL Websites be current and accurate, KSL Resorts
and its affiliates make no warranty or representation that descriptions of products in the KSL Websites are accurate, complete, current, or
reliable in any or all respects. In the event that a product described in the KSL Websites is not as described, your sole remedy is to return
it in unused condition in accordance with the suppliers' return policy.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): KSL RESORTS AND ITS AFFILIATES MAKE NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE KSL WEBSITES OR ANY KSL RESORTS AND ITS AFFILIATES SITE LINKED TO THE KSL
WEBSITES. KSL RESORTS AND ITS AFFILIATES WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION
INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE
KSL WEBSITES, OR OTHERWISE CONNECTED WITH YOUR USE OF THE KSL WEBSITES.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE KSL RESORTS AND ITS AFFILIATES WILL CREATE A WARRANTY OF
ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. KSL RESORTS AND ITS AFFILIATES RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE
DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE KSL WEBSITES, OR TO DENY ACCESS TO THE KSL WEBSITES TO
ANYONE AT ANY TIME. NEITHER KSL RESORTS AND ITS AFFILIATES NOR ANY OF THE KSL RESORTS AND ITS AFFILIATES, SHALL HAVE ANY LIABILITY ARISING FROM
YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE KSL WEBSITES.
USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE
FOREGOING RESTS EXCLUSIVELY WITH YOU.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KSL RESORTS, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED
TO YOUR USE OF THE KSL WEBSITES AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT KSL RESORTS IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT
OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE KSL WEBSITES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE
OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
- Linking. Unless you obtain prior authorization under a written agreement with KSL Resorts, you may not create or establish any link between
your own website or that of a third-party website and the KSL Websites.
- Monitoring. You acknowledge and agree that KSL Resorts has no obligation, but reserves the right, to monitor the KSL Websites and may do so
from time to time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied,
and used for authorized purposes in accordance with the terms of this Agreement and the KSL Resorts Privacy Statement.
- Jurisdiction. This Agreement shall be governed by the laws of the State of California applicable to contracts entered into and performed
exclusively in that State. Any court of competent jurisdiction sitting within Riverside County, California will be the exclusive jurisdiction
and venue for any dispute arising out of or relating to this Agreement. The KSL Websites are owned and operated by KSL Resorts from the State
of California, United States of America. KSL Resorts and its affiliates make no representation that materials in KSL Websites are appropriate
or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable.
- Termination. In addition and without prejudice to any other legal or equitable remedies available to KSL Resorts, KSL Resorts may terminate
this Agreement at any time and for any reason or no reason at its sole and absolute discretion.
- Intellectual Property. The content included on the KSL Websites, including but not limited to text, software, photographs, graphics,
illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of KSL Resorts or
its licensors or suppliers as are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast, circulate or otherwise create a hyperlink to any such material for any purpose other
than as specifically provided herein or otherwise approved by KSL Resorts in writing (or legitimate activities of a travel agent or
travel professional). This includes, without limitation, any attempt to modify the appearance or otherwise obscuring content on the KSL
Websites with any third party pop-up advertising or other commercial communications. More specifically, you are restricted from using any
KSL Resorts trademarks, trade names or other designations (including URLs) in connection with the creation, delivery or triggering of any
unauthorized advertisements or promotions that may be construed as establishing an affiliation between KSL Resorts and such third party
advertising and/or promotions. Any hyperlinks that link to any content on the KSL Websites other than the respective home pages of such
sites is specifically restricted. This includes deep linking, framing, or other forms of connection that have not been approved by KSL.
- Notice And Procedure For Copyright Infringement Claim. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital
Millennium Copyright Act (the "Act"), KSL Resorts reserves the right, but not the obligation, to terminate your right to use
the KSL Websites if KSL Resorts determines in its sole and absolute discretion that you are involved in any activity that may be infringing,
including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. KSL
Resorts accommodates and does nto interfere with standard technical measures used by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512(c), as amended, KSL Resorts has implemented procedures for receiving written notification
of claimed infringements and for processing such claims in accordance with the Act. The designated agent of KSL Resorts to receive
notification of claimed infringement is:
Monica E. Amboss
Senior Attorney
KSL Resorts
Phone: (760) 564-8000
Facsimile: (760) 564-8003
E-mail: mamboss@kslresorts.com
KSL Resorts respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please
provide the designated agent listed above the following information: (i) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or
other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing
is located on the KSL Websites; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you,
made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Additional Terms. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of
portions of this Site, and You agree to abide by such other terms and conditions.
- Severability. This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable
or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any other remaining provisions.
- Attorneys' Fees. If KSL Resorts takes any action to enforce this Agreement, KSL Resorts will be entitled to recover
from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation (through
appeal and including any attorneys' fees and costs incurred by KSL Resorts to collect fees and costs pursuant to
this section), in addition to any other relief, at law or in equity, to which KSL Resorts may be entitled.
- Modification. KSL Resorts may at any time modify this Agreement, and your continued use of the KSL Websites will be conditioned
upon the terms and conditions in force at the time of your use. Accordingly, you agree to review this Agreement periodically,
and your continued access, use and/or posting on the KSL Websites shall be deemed your acceptance of the changed Agreement.
- Miscellaneous. This Agreement and the KSL Resorts Privacy Statement constitute the entire agreement between the parties
concerning your use of the KSL Websites, and supersedes all prior written or oral agreements or communications with respect
to the subject matter herein. Sections 9, 10, 11, 12, 13, 14, 17, 22, 23 and 25 of this Agreement shall survive any termination
or cancellation of this Agreement. The section headings in this Agreement are for convenience only and must not be given
any legal import.
- Admissibility. A printed version of this Agreement and of any notice given in electronic form shall be admissible in
judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions concerning the KSL Websites or its policies, please contact us via e-mail at
webmaster@kslresorts.com.
© 2008 KSL Resorts. All Rights Reserved. Information subject to change without notice.
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