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OzarkVacation.com Terms of Service
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Terms of Service Use Updated 6/10/04 1. ACCEPTANCE OF TERMS Welcome to Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary's SERVICE. By choosing to use this service, you agree to these Terms of Use. Once you agree to this service and provider activates your listing as stated, user acknowledges that payment is for the term specific and is not refundable in its entirety or in any pro-rated amount. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary provides its service to you, subject to the following Terms of Use. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary reserves the right to update or alter the Terms of Use at any time without notice. For your benefit we encourage you to review periodically the most current version of the Terms of Use. Choosing to continue to use the service after the posting of changes to these terms (including the Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, Privacy Policy or other Terms of Use applied to a particular service) will mean that you accept those changes. You also acknowledge that when using particular Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary services, both you and Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, shall be subject to any posted guidelines or rules applicable to such services; including new guidelines or rules that may be posted periodically. By reference, all guidelines or rules are hereby incorporated into the Terms of Use. If you do not agree to these Terms of Use, please do not use the service. 2. DESCRIPTION OF SERVICE Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary provides users with substantial on-line resources which include a variety of communications tools, personalized content, editorial content, and online forums or message boards through its service. Unless Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary states otherwise, new features added to the current service shall be subject to the Terms of Use. By choosing to use the service, you agree that the Service is provided "as is?. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary will not assume any responsibility for the deletion, misdelivery or failure to store any and all user communications or personal settings. Some portions of the Service may require that users obtain, or obtain access to, software, hardware, or other services, which are not provided by Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary is not responsible for any products or services obtained, or attempted to be obtained by users. 3. USER REGISTRATION OBLIGATIONS By choosing to register with Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary and be considered to use the Service, you agree that any and all information provided during the registration process is true, accurate, up to date and, complete. (Information entered during the registration process is described here as the "Registration Data".) You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. If you provide any information that is not true, accurate, up-to-date, and complete, or Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary has grounds to believe that any information provided during the registration process is not true, accurate, up-to-date, and complete, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary reserves the right to suspend or terminate your account at any time. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may also choose to refuse further current, and all future use of the Service. 4. MEMBER ACCOUNT, PASSWORD, AND SECURITY Upon completing the registration process you will receive a password and account ID (your "member name"). You, and you alone, are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary in the event your password or account has been used without the proper authorization; or any other breaches of security you may be aware of. You also agree to exit from your account at the end of each session with the Service. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with Section 4 of the Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Terms of Use. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary prohibits the sale or transfer of control of any Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary account by the registered account holder to any other individual or party. 5. OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary PRIVACY POLICY Information you supply during the registration process, which is deemed to be "Registration Data" is subject to our Privacy Policy. Additionally, certain other information about you is subject to our Privacy Policy. Please see our full privacy policy by clicking on the "Privacy Policy" link in the footer of any page of the site. 6. CODE OF USER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. You, and not Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary does not pre-screen Content, though Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary and its designees have the right but not the obligation, in their sole discretion, to deny, move, or remove any Content available via the Service. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary does not, and will not, guarantee the accuracy, integrity, or quality of such Content. You understand that by choosing to use the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary be liable in any way, shape, or form, for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service. You agree NOT to use the Service to: * upload, post, email, or otherwise transmit any Content that is harmful, hateful, threatening, abusive, defamatory, obscene, libelous, or invasive of another's privacy; * harm or threaten minors in any way; * impersonate any person or entity, including, but not limited to, a Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary official or Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Staff member; * falsely state or misrepresent your affiliation with any person or entity; * upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships * upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain* upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies* intentionally or unintentionally violate any applicable local, state, national, or international laws; * harass or "stalk" another individual; * collect or store personal data about other users. While Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary does not pre-screen Content, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary and its designees reserve the right (but not the obligation) to refuse, move, or remove any Content available through the Service for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Further, you acknowledge you may not rely on any Content created by Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary or submitted to Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, including without limitation information in Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Message Boards, website profiles, categories, and in all other parts of the Service. You acknowledge and agree that Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may preserve Content forever. You also agree Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may disclose Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: a. comply with legal process; b. enforce the Terms of Use; c. respond to claims that any Content violates the rights of third-parties; or d. protect the rights, property, or personal safety of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, its users, and the public. 7. PERMISSIONS Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary (also known as 'Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary') prohibits the use of copyrighted editorial content, database content, graphics, video clips, or photographs from the Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary further prohibits the use of copyrighted content as outlined above from any other website owned, operated, licensed or controlled by Ozarks Unlimited, LLC and Ozark Tourist Center If you wish to use any material specifically from Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, will consider granting permission according to the following guidelines: a. No graphical content or text is modified or altered in any way shape or form; b. Use of the material for which Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary grants permission is solely for non-commercial or personal use; unless Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary permits otherwise; c. No graphical content or text is taken out of the original context. On a case-by-case basis, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may grant permission to do so. 8. QUOTING ARTICLES You may quote portions of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary article(s) online or in print, provided: a. you submit the text to be quoted to Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary for prior written approval; b. you reprint/repost the quote in full, without altering the copy; c. you list the author, the article's title, the article's post date and the specific Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Site. 9. OBTAINING REPRINTS If you would like to reproduce Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, articles or editorials for use in media kits, in press kits, at trade shows, or for corporate distribution, please send your request to info@ozarkvacation.com . 10. CONTENT POSTED TO MEMBER PROFILES AND OTHER PUBLIC AREAS With regard to Content you choose to post for inclusion in Member Profiles, and choose to make public, you agree to grant Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary the worldwide, royalty free and non-exclusive license to reproduce, modify, and publish such Content on the Service for the express purpose of displaying, distributing, and promoting such Content. It is your responsibility to ensure that Content not meant for public display is clearly marked as private. You can mark such Content as private by clicking the "Private" radio button when entering Content in the Member Profile. Your member name, however, is always publicly visible. With regard to Content you elect to post to other publicly accessible areas of the Service, which include, but are not limited to Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Message Boards, website profiles, and categories, you grant Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary the royalty free, everlasting, nonrescindable, non-exclusive, and fully sublicensable right and license to use, reproduce, publish, distribute, modify, translate, create derivative works from, and display such Content (be it whole or part) worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. 11. SUBMITTED CONTENT OR DATA Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary does not accept or consider creative content, materials, ideas or suggestions, unless specifically requested. We hope that you understand and will abide by this policy to avoid any misunderstandings in the event projects developed by Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary's professional staff might seem similar to others' creative work. If you should send us creative suggestions, ideas, concepts or any other information (collectively, the "Information"), that Information will become sole property of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary will own all now known (pre-existing) or hereafter existing rights to the Information of every and all kind. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary will not be liable for any use or disclosure of such Information. Further, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary shall have the unrestricted right to use the Information for any purpose, including commercial use, without compensating the provider of the Information, or liability to Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. 12. INDEMNITY By choosing to use the service, you agree to indemnify Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorneys' fees, made by third parties due to, or arising out of, Content you choose to submit, post, or transmit through the Service; or your use of the Service; your connection to the service; your violation of the Terms of Use; or, your violation of any rights of another. 13. NO SALE OR RESALE OF THE SERVICE By choosing to use the Service, you agree not to reproduce, duplicate, sell, resell or exploit for commercial purposes the Service, any portion of the Service, use of the Service, or access to the Service. 14. CHANGES TO SERVICE You agree that Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary has the right at any time to modify or discontinue the Service, or any portion of the Service, with or without notice. You further agree that Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary will in no way shape or form be liable to you, or any third party due to the modification or discontinuance, or even temporary suspension, of the Service. 15. TERMINATION Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may terminate your password and/or your account in whole or part at any time. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may also choose to remove or discard any Content you may have contributed to the Service at any time, and for any reason. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary also reserves the right to discontinue in whole or part any portion of the Service with, or without notice. You further agree that Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary reserves the right to terminate your access to the Service at any time without prior notice. You also acknowledge that Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may at any time deactivate and/or delete your account and all information in your account; in addition, barring any further access to such files. Further, you agree that Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary shall not be liable to you or any third-party for any termination of your access to the Service. 16. ADVERTISERS ON OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary You agree that any and all correspondence and business dealings between you and advertisers found on the Service, or through the Service, are solely between you and such advertiser. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, will not be liable for any loss or damage as a result of the mere presence of, interactions or dealings with such advertisers. 17. LINKS As part of the Service, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may provide links to other websites on the World Wide Web (WWW). The linked sites are not under the control of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, and Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary is not responsible for the contents of any linked site. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, provides these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. Linked sites are owned and operated by independent retailers or service providers, and therefore, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties 18. OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A SUBSIDIARY'S PROPRIETARY RIGHTS You acknowledge and agree that the Service, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary's database ("the Database"), and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary or advertisers, you agree not to modify, sell, distribute or create derivative works based on the Service, the Database, or the Software, in whole or in part for any purpose whatsoever. Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Database or the Software in any manner or form, or to use modified versions of the Database or the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary for use in accessing the Service. 19. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary MAKES NO WARRANTY THAT i. THE SERVICE WILL MEET YOUR REQUIREMENTS, ii. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND v. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 20. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 21. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU. 22. NOTICES FROM OZARKS UNLIMITED, LLC AND OZARK TOURIST CENTER - A subsidiary From time to time, Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary may send notices via email or regular mail, or display notices or links to notices to you on the Service. 24. TRADEMARK INFORMATION The following are all considered trademarks of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary, The Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Logo, Ozarks Unlimited, LLC and Ozark Tourist Center - The "look and feel" of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary's service is also a Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary trademark. This includes Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary's color combinations, button shapes, layout, and all other graphical elements. Without Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary's prior permission, you agree not to display or use in any manner, the Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary Marks. 25. VIOLATIONS OF THE TERMS OF USE Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary wants to hear about violations to any site policies. Please report any violations of the Terms of Use to info@ozarkvacation.com 26. GENERAL INFORMATION The Terms of Use constitute the entire agreement between you and Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary and govern your use of the Service. This agreement supercedes any prior agreements between you and Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary. The Terms of Use and the relationship between you and Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary are governed by the laws of the State of Arkansas without regard to its conflict of law provisions. You and Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Carroll, Arkansas. Please be advised that the failure of Ozarks Unlimited, LLC and Ozark Tourist Center - a subsidiary to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. In the event any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In addition, the other provisions of the Terms of Use remain in full force and effect. You further agree 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 Service, or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
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