Terms of Use (Members)

Latest Revision Date: 04/28/09

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. ACCESSING THIS SITE INDICATES THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN (”TERMS OF USE”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE.

By accessing ResortAuthority.com (”Site”), you agree to be bound by the Terms of Use, Privacy Policy, and General Disclaimer (”Member’s Documents”) and any other Terms, Policies, and Guidelines hereby incorporated by reference. IF YOU DO NOT AGREE TO MEMBER’S DOCUMENTS, OR ANY OTHER TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE, DO NOT USE THIS WEB SITE.

These Member’s Documents are at all times, individually and/or collectively, subject to modification in the sole discretion of the Site, without reason and without notice. Any time a change is made to any of the Member’s Documents, we will notify you by posting such changes by adding a new date in the Latest Revision Date of the Member’s Documents. By using the Site following the posting of such changes or revisions of the Member’s Documents, you are consenting to and agreeing to all changes in the Member’s Documents. Please check these Terms of Use periodically for changes. Your use of the Site following any such modifications constitutes your agreement to follow and be bound by the terms and the conditions of the Terms of Use as modified. If you breach any of the terms or conditions of the Terms of Use, your right to use this Site will terminate automatically.

Should ResortAuthority.com fail to enforce or insist upon performance or compliance with any of the provisions of the Terms of Use individually or collectively, such action or failure to act shall not be construed to be a waiver of the right to enforce any such provisions or as a waiver of any other provisions hereof.

GENERAL USAGE

ResortAuthoirty.com is designed to be both a strategic network, which allows licensed Real Estate Professionals (”Members”) to create an online profile to expand their footprint on the world wide web and a referral website, which is designed to connect Members and their referred and/or invited guests (”Guests”) with various Resort Developments/Developers (”Subscribers”) located in the United States and abroad, by providing them access through a linked portal between ResortAuthority.com and Subscribers. For the purpose of the Members Documents, it is understood that a Member can also be a Guest if he or she selects and subsequently purchases a property from a Subscriber found on ResortAuthority.com.

By accessing ResortAuthority.com, you agree to use the Site for your personal, professional, and commercial uses and that you do so at your own risk and responsibility. You further agree that you are in no way representing, acting on behalf or, partnering with or otherwise becoming affiliated with ResortAuthority.com, its subsidiaries, affiliates, officers, agents, employees, partners, licensors, or Subscribers.

Subscribers to ResortAuthority.com have entered into separate agreements with ResortAuthority.com to allow Subscribers to market their respective Resort Developments to Guests and Members of ResortAuthority.com through the Site. Such agreements provide that such Subscribers of the Resort Developments have agreed to pay Members/Guests a referral fee in the event a Member or Guest: is referred to ResortAuthority.com by a Member, does a web tour of the Subscriber’s website, enters into a contract to purchase directly from Subscriber, and subsequently closes on property. Referral fees to Members may vary from Subscriber to Subscriber and must be verified and agreed upon between the Members and Subscribers prior to the time a Member or Guest enters into an agreement. It is the sole responsibility of the Members or Guests to verify with the Subscriber the referral fee to be paid to the Members or Guests, and ResortAuthority.com shall not have any responsibility whatsoever for any such referral fees or the collection thereof.

All Members are aware that ResortAuthority.com is not a licensed Real Estate Broker and does not pay commissions or referral fees. Members further understand that all referral fees are paid by Subscriber and only through the Licensed Real Estate Broker holding the active Real Estate License of the Member at the time a Member or Guest enters into an agreement with Subscriber.

At no time does joining ResortAuthority.com as a Member or using it as a Guest create an employee/employer, agent, partner or any other type of relationship between Member and ResortAuthority.com. Member is and shall be considered an independent contractor through his or her Real Estate Company and is therefore solely and exclusively responsible for paying any and all applicable taxes and insurances, and other fees or costs required. If required by the Subscriber, all Members must submit required invoices and withholding information directly to Subscriber prior to receiving any referral fees.

ResortAuthority.com will notify Members and Subscribers, by electronic mail (email) whenever a Member or Guest takes a web tour of a Subscriber’s website using ResortAuthority.com’s Site portal to said website. ResortAuthority.com shall, on a monthly basis or any other interval which may be deemed, in the sole discretion of ResortAuthority.com, necessary or appropriate in the future, reconcile with Subscribers to verify if any Members or Guests who have taken a web tour of a Subscriber’s website have purchased property from Subscriber. Once a Member or Guest enters into an agreement with a Subscriber, ResortAuthority.com will introduce the Member to the Subscriber so that appropriate steps are taken to allow referral payments to be paid at closing of transaction. Unless otherwise agreed to between the Member or Guest and Subscriber, no referral fees shall be due or payable until such time as a Member or Guest closes on any applicable transaction.

ResortAuthority.com reserves the right to make direct contact with all Members and Guests at any time after they have joined or registered.

ResortAuthority.com reserves the right to solicit participation of all Members and Guests in various surveys. However, participation will be strictly voluntary and is not a requirement for membership or to be registered as a guest of ResortAuthority.com

ResortAuthority.com reserves the right to allow Third Party advertisements to be displayed in any area of the Site and at anytime now or in the future.

As a strategic network, it is the goal of ResortAthority.com and its Members, Guests, and Subscribers to create an online community, which embraces and fosters mutual respect, integrity, and professionalism at all times.

MEMBER’S PROFESSIONAL PROFILE AND MEMBERSHIP AREA

Although not required, it is suggested that all Members create a Professional Profile in order to access most areas on ResortAuthority.com and to get the best possible benefit of your membership.

In order to get the most from your Professional Profile and to maintain your security you should:

1. Provide complete, accurate, and truthful information when creating your Professional Profile.

2. Keep your password secure at all times and never give it to anyone to use.

3. Never use anyone else’s account, username or password for any reason.

4. Notify ResortAuthority.com of any suspicious activity, unauthorized use of your account, or breach of security.

ResortAuthority.com is not liable for any losses or damages caused by unauthorized use of your account. However, Members and Guests shall be liable for any and all losses, including without limitation attorneys’ fees and costs, to ResortAuthority.com or any of its Members, Guests, or Subscribers due to any unauthorized use of your account.

The following is a partial list of prohibited activities for all Members of ResortAuthority.com and are grounds for immediate termination of Membership and forfeiture of any earned or payable referral fees:

1. Harassing or intentional intimidation of ResortAuthority.com, Subscribers, other Members or Guests.

2. Posting of any offensive or illegal materials of any kind, to include but not limited to:

a. Nudity

b. Sexual or Violent materials, links, or comments

c. Links to adult or otherwise inappropriate websites and/or blog sites

d. Bigotry

e. Racism

3. Posting, transmitting, sharing, or storing content that would constitute, encourage, or provide instruction for criminal acts or that would otherwise create liability or violate any local, state, regional, national, or international laws.

4. Spamming or sending of viruses or other harmful files.

5. Using the account, username, or password of another Member or permitting anyone to use your account, username, or password.

6. Registering for more than one membership account.

7. Using the photograph of another person without prior written consent.

8. Falsely stating that you are a Licensed Real Estate Professional and joining ResortAuthority.com or creating a Professional Profile on ResortAuthority.com

9. Any referrals or registration of any Guests on ResortAuthority.com by non licensed Real Estate Professionals.

10. Advertising to, or solicitation of, any Member to buy or sell any products or services through ResortAuthority.com.

11. Transmission of any chain letters or junk email to other Members.

12. To use any information obtained from ResortAuthority.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

13. Using any information obtained from ResortAuthority.com in order to harass, abuse, or harm another Member, Guest, Subscriber, or any other person.

14. Using information obtained through ResortAuthority.com to locate, identify, or directly contact any Subscribers or Guests of others.

15. Taking any action that may compromise the integrity of ResortAuthority.com.

16. Illegal and/or unauthorized use of ResortAuthority.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to ResortAuthority.com.

17. Any unauthorized commercial advertisements, affiliate links, and other forms of solicitation.

18. Modifying, copying, reproducing, displaying, sublicensing publishing, or using any of the information placed on the Site or otherwise provided by ResortAuthority.com without the express consent of ResortAuthority.com.

ResortAuthority.com reserves the right, in its sole and exclusive discretion, to immediately cancel any Member’s, Guest’s, or Subscriber’s accounts determined to be in violation of the terms hereof, or who ResortAuthority.com determines, in its sole and exclusive discretion, is posting inappropriate, offensive or other improper information or who ResortAuthority.com believes may be engaging or infringing on the rights of others or using otherwise inappropriate behavior. ResortAuthority.com also reserves the right, in its sole and exclusive discretion, to terminate any Subscriber’s, Member’s or Guest’s access to all or part of ResortAuthority.com for any reason or for no reason and without notice.

USER LIABILITY DISCLAIMER

ResortAuthority.com is not responsible or liable in any manner for any Member’s, Guests, or Subscriber’s content or articles, photographs, text, graphics, pictures, designs, music, sound, video, information of any kind, applications, software, or other content or items belonging to or originating from third parties advertisers, suppliers, vendors (”Third Parties”) posted on the Site, or in connection with the Service, whether posted or caused by Members, Guests, Subscribers, ResortAuthority.com, or by Third Parties (collectively the “Information”). Although ResortAuthority.com has provided Terms of Use, ResortAuthority.com cannot possibly control and is not responsible in any way for the Information Members, Guests, Subscribers, or Third Parties post, transmit or share on Site and ResortAuthority.com is not, nor shall it be, responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Members, Guests, Subscribers, or Third Parties sites, links or other Information. ResortAuthority.com is not responsible for the conduct, whether online or offline, of any Members, Guests, Subscribers, or Third Parties of the Site or Service.

At ResortAuthority.com it is our goal to uphold the rights of all copyright holders. If you are a copyright owner or agent for a copyright owner and you feel one of the Members, Guests, or Subscribers of ResortAuthority.com is posting, using, or otherwise infringing on your copyright, please notify us immediately. You must do so by following the Digital Millennium Copyright Act (”DMCA”) and provide the following to ResortAuthority.com:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is being infringed upon is located on ResortAuthority.com, including the specific URL;

(iv) your address, telephone number, and email address;

(v) a written 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;

(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 owner or authorized to act on the copyright owner’s behalf.

Please send this information to our copyright agent via email at administration@ResortAuthority.com.

CANCELLATION OF MEMBERSHIP

If you wish to cancel your membership you must notify ResortAuthority.com of your cancellation by sending us an email at administration@ResortAuthority.com. Please Note: If a new Guest or Member registers under your name after you have cancelled your membership, you will not be entitled to any referral fees from any subsequent acts of the Guest or Member. You must be a Member of ResortAuthority.com to earn and receive any referral fees from a Subscriber.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ResortAuthority.com, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related in any way to the use of the Site, including without limitation, to any content you submit, post, or transmit to ResortAuthority.com or otherwise store on or through ResortAuthority.com or your use of or inability to use ResortAuthority.com, including without limitation any actual or threatened suit, demand or claim made against ResortAuthority.com and/or its subsidiaries, affiliates, officers, agents, employees, partners, and licensors, arising out of or relating to the Content, your conduct, your violation of these Terms of Use or your violation of the rights of another.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RESORTAUTHORITY.COM OR ANY OF ITS SUPPLIERS OR SUBCRIBERS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, ATTORNEYS’ FEES AND COSTS ARISING OUT OF, BASED ON, OR RESULTING IN ANY WAY FROM THESE TERMS OF USE OR YOUR USE OF THE SITE IN ANY WAY, ITS CONTENT, OR MATERIALS ACCESSED BY OR THROUGH THE RESORTAUTHORITY.COM SITE.

DISPUTES

In the event any dispute arises out or pertains in any way to these Terms of Use or the provisions hereof, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Colorado and each of the Parties expressly agrees that the sole and exclusive jurisdiction and venue of any claim whatsoever arising here from shall be in the District Court, in and for the County of Jefferson, State of Colorado, and each party hereby waives any defense of inconvenient forum to the maintenance of any action so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto. The prevailing party in any such action shall be entitled to recover from the non-prevailing party, as determined by the court, the reasonable attorneys’ fees and costs incurred in such action.

Use of ResortAuthority.com is also governed by our Privacy Policy and General Disclaimer, (which can be reviewed at: Privacy Policy and General Disclaimer). We encourage all Members, Guests, and Subscribers to review these documents as they are incorporated into this agreement by this reference.

In addition, because ResortAuthority.com uses links to other websites, we cannot be responsible for the privacy policies and practices of these other websites. Therefore, we encourage all Members to read the Terms of Use or Service, Privacy Statements, and Disclaimers of each and every website that you visit to determine you liability of providing these other websites with any information.

If you have any questions or comments, please submit them to us at: administration@ResortAuthority.com

In the event that any of the terms, provisions, or covenants contained in these Terms of Use is found to be partially or completely invalid or otherwise unenforceable for any reason, such finding shall not affect, alter, modify, or impair any of the other terms, provisions, or covenants not found to be partially or wholly invalid or otherwise unenforceable.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL PROVISIONS CONTAINED ABOVE.