1. AGREEMENT

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 and services. These Terms of Use (“Terms”) are meant to protect all of the visitors to the Web Site, and 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 prohibited.

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.

4. INDEMNIFICATION

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 responsible for the privacy policies or terms of use of those sites or the “cookies” those sites use. In 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).

7. DISCLAIMER

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.

9. SUBMISSIONS

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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Terms of Use