Magic Tree Resort Condominium Association, Inc. ("Magic Tree") through the board of directorss' approved
on November 3, 2007 has created www.MagicTreeFlorida.com (the “Web Site”), to provide you with access
to information (hereinafter referred to as the “Magic Tree Online Content” or “Content”) about its products
your access to and use of the Web Site signifies your agreement with these Terms. DO NOT USE THIS WEB
SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in our sole discretion, to modify,
alter or otherwise update these Terms at any time without notice. Such modifications, alterations, and
updates are effective immediately upon posting. You agree to be bound by such modified, altered, and
updated Terms if you access or use the Web Site after we have posted notice of such modifications,
alterations or updates.
2. WHAT YOU NEED TO KNOW
The downloading, reproduction or retransmission of Magic Tree Online Content, other than for
non-commercial individual use, without the prior written consent of Magic Tree Board of Directors, is strictly
This Web Site may provide you with the ability to use usernames, passwords or other codes or devices to
gain access to restricted portions of this site ("access codes"). The Content contained in such restricted
areas is confidential to Magic Tree , and is provided to you for your personal use only. We reserve the right
to prohibit the use of such access codes on your behalf by third parties where we determine that such use
interferes with our site's operation or results in commercial benefits for other entities to our detriment.
3. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS ON USE OF MATERIALS
The Web Site and Magic Tree Online Content may contain or reference trademarks, patents, copyrighted
materials, trade secrets, technologies, products, processes or other proprietary rights of Magic Tree and/or
other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets,
technologies, products, processes and other proprietary rights of Magic Tree and/or other parties is granted
to or conferred upon you. Furthermore, no Magic Tree Online Content may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of
Magic Tree Board of Directors.
You are not authorized to copy, republish, post, transmit or use the Content in any way (including email or
other electronic media) for commercial use without first obtaining written consent of Magic Tree.
Modification or use of the Content for any purpose other than personal, non-commercial use without prior
approval violates intellectual property rights and is prohibited under United States and/or worldwide
copyright and trademark laws.
You are entirely responsible for maintaining the confidentiality of your username(s), password(s) and your
account, as well as all activities that occur under your account. By your use of and access to the Web Site,
you hereby agree to indemnify, defend and hold Magic Tree, Tricom Management, Inc, Vacation Village
Resorts and its affiliates and their respective officers, directors, employees, owners, agents, information
providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any
and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of these Terms or claims arising from your
account or your use of the Web Site. You shall use your best efforts to cooperate with the Indemnified
Parties in the defense of any claim. The Indemnified Parties reserve the right, at their own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5. LINKS TO THIRD PARTY SITES
The Web Site may contain links to third party web sites not under Magic Tree Resorts' control or operation.
The links will let you leave the Web Site, and you access them at your own risk. If you choose to leave the
Web Site via links to other non-Magic Tree sites, including those of advertisers, Magic Tree is not
addition, because Magic Tree Tricom Management, Inc., and its affiliates and their respective officers,
directors, employees, owners, agents, information providers, licensors and licensees ( collectively, the
"Indemnified Parties") has no control over such sites and resources, you acknowledge and agree that Magic
Tree is not responsible for the availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products or other materials on or available from such
sites or resources.
6. ACCESS AND INTERFERENCE
You agree that you will not use any device, software or other instrumentality to interfere or attempt to
interfere with the proper working of the Web Site, and that you will not take any action that imposes an
unreasonable or disproportionately large load on Magic Tree Web Site infrastructure. In addition, you agree
that you will not use any robot, spider, other automatic device or manual process to monitor or copy Magic
Tree Online Content without the prior express written consent from an authorized Magic Tree
representative (such consent is deemed given for standard search engine technology employed by Internet
search web sites to direct Internet users to this site).
ALL MAGIC TREE ONLINE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OF MAGIC TREE ONLINE
CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR
THAT MAGIC TREE ONLINE CONTENT OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OF
MAGIC TREE ONLINE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you.
The Web Site and Magic Tree Online Content may contain technical inaccuracies or typographical errors.
Magic Tree Board of Directors reserves the right to make changes, corrections and/or improvements to Web
Site and Magic Tree Online Content, and to the products and programs described in such information, at
any time without notice.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MAGIC TREE
RESORT OR ITS SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, ANY WEB SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the limitation or
exclusion of liability or incidental, consequential or other damages, so the above limitation or exclusion may
not apply to you.
With respect to all communications you make to Magic Tree regarding the Web Site and/or Magic Tree
Online Content, including but not limited to feedback, questions, comments, suggestions and the like: (a)
you shall have no right of confidentiality in your communications and Magic Tree shall have no obligation
to protect your communications from disclosure; (b) Magic Tree shall be free to reproduce, use, disclose,
edit and distribute your communications to others without limitation; and (c) Magic Tree shall be free to use
any ideas, concepts, know-how, content or techniques contained in your communications for any purpose
whatsoever, including but not limited to the development, production and marketing of products and
services that incorporate such information.
10. JUSRISDICTIONAL ISSUES
The Web Site and Magic Tree Content is controlled and operated by Magic Tree . We make no
representation that products and materials within the Web Site are appropriate or available for use in any
particular location. Those who choose to access the Web Site do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. The Web Site and
Content contains information on Magic Tree products and services of Magic Tree and its subsidiaries, not
all of which are available in every location. A reference to any such product or service on the Web Site does
not imply that such product or service is or will be available in your location.
11. GENERAL PROVISIONS
This is a United States web site and is subject to United States law. Magic Tree will disclose any information
regarding the use of this Web Site including personal information pertaining to you without your permission
when required by law, or in a good faith belief that such action is necessary to investigate or protect against
harmful activities to Magic Tree or its subsidiaries, affiliates, property (including this Web Site), guests,
visitors, associates or, or to others.
12. ITEMS NOT TO BE PART OF CONTENT
The following items are not to appear in any semblance on Exhibit "B"; (1) Association minutes; (2)
Association Financials and related information and Annual Audits; (3) Delinquent accounts and receivables;
(4) Personal information on owners or Board Members without written consent; (5) Personal information
on employees and family members without written consent; (6) Any information on litigation ; (7) Any
information on contracts or pending contracts ; and , (8) Any verbal or written agreements with third parties .
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