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Sunfinder Agreement

USER AGREEMENT

THIS USER AGREEMENT CONTAINS DISCLAIMERS, TRADEMARK AND SERVICE MARK NOTICES, AND COPYRIGHT NOTICES. PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW.
1. Waiver of Claims Against Sunfinder.
    Sunfinder provides this World Wide Web site in the domains of "http://www.sunfinder.com" and "http://sunfinder.com" (the "Sunfinder Website") as a complimentary information service offered by Sunfinder at no charge to users of the World Wide Web under the express condition that such users accept and agree to be bound by the terms and conditions set forth in this "User Agreement" without modification of the terms, conditions, and notices contained herein. By accessing the Sunfinder Website, you are indicating that you understand, consent and agree to the following: (a) you have read and understood this User Agreement; (b) you consent to be bound by each of its terms and conditions, and (c) you agree to waive any and all claims (whether foreseeable or unforeseeable) arising out of your use of the Sunfinder Website or the information contained therein or to any hyperlinked websites; and (d) your waiver of the above-mentioned claims extends to Sunfinder and Sunfinder's shareholders, affiliates and partly or wholly owned subsidiaries, as well as their officers, directors, agents and representatives (hereinafter referred to collectively, along with Sunfinder, as the "Sunfinder Group").
2. Changes in the Sunfinder Website.
Sunfinder reserves the right to change the terms and conditions of access to and the use of the Sunfinder Website at any time. You should consult the most recent version of this User Agreement (not an older cached version) each time you view the Sunfinder Website. By accessing the Sunfinder Website, you agree in advance to be bound by all of the changes to the Sunfinder Website.
3. Sunfinder Copyright Notice.
Sunfinder holds the sole and exclusive copyright to all works of authorship contained in the Sunfinder Website, including, but not limited to, all design, text and images contained therein, which may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Sunfinder's prior written consent except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with a copy of this page which contains the entire User Agreement as well as disclaimers, trademark and service mark notices, and copyright notices.
4. Linking to the Sunfinder Website.
You may provide a hypertext link to this Website on another website only upon the following terms and conditions: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Sunfinder's name, Sunfinder's works of authorship, Sunfinder's Website content and design, and/or Sunfinder's marks, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Sunfinder is associated with or sponsored by Sunfinder, and (c) Sunfinder reserves the right to revoke its consent to the link at any time in its sole discretion.
5. Links to other Websites.
Sunfinder may provide links on the Sunfinder Website to other websites that are not under the control of Sunfinder. In general, any website that has an address (or URL) that does not contain "http://www.sunfinder.com", "https://www.sunfinder.com", "http://sunfinder.com", or "https://sunfinder.com" is such a website. These links are provided for convenience of reference only and are not intended as a warranty or representation from the Sunfinder Group of any type of information regarding the linked website or the information contained in the linked website. Further, Sunfinder does not control and is not responsible for the content found on the other websites. Sunfinder's inclusion of links to other websites does not imply any endorsement of the material on the other websites or any association with the operators of the websites.
6. Sunfinder Trademark and Service Mark Notice.
The marks Sunfinder™, Sunfinder Vacations™, Sunfinder Island Dancer™ design, and Sunfinder Beach design™ are lawfully protected marks of Sunfinder and may not be used without the written consent of Sunfinder.
7. Disclaimers of Warranty.
The Sunfinder Group makes no representations and/or warranties, either express or implied, and hereby expressly disclaims all warranties regarding the Sunfinder Website, including, but not limited to, any representation and/or warranty concerning the accuracy, completeness, timeliness, currency, merchantability, fitness for a particular purpose, or non-infringement of the Sunfinder Website. Because of the nature of the information contained in the Sunfinder Website, there may be inaccuracies, errors, and/or changes in the information and photographs contained in the Sunfinder Website, and as a result you should not rely on the information or photographs in making your vacation decision. Opinions and recommendations contained in the Sunfinder Website (or any linked websites) are not necessarily those of the Sunfinder Group or endorsed by the Sunfinder Group. You understand and agree that the opinions, recommendations and other information contained in the Sunfinder Website (or any linked websites) are not a reasonable substitute for thorough consultation with appropriately trained professionals familiar with your circumstances, and you agree that you will hold harmless the Sunfinder Group from all claims arising out of or related to your access or use of the Sunfinder Website, or your inability to access or use the Sunfinder Website, or the information contained in this Sunfinder Website, including, but not limited to, claims that you have found information on the Sunfinder Website that was not true, or was obscene, offensive, or defamatory.
Please carefully read the following limitations:
ALL INFORMATION, INCLUDING PHOTOGRAPHS, CONTAINED IN THE SUNFINDER WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IT IS UNDERSTOOD AND AGREED THAT SUNFINDER GROUP'S LIABILITY, IF ANY, FOR ANY AND ALL DAMAGES SUFFERED BY YOU, OR BY ANY PERSON FOR WHOM YOU HAVE PURCHASED OR GIVEN SUNFINDER PRODUCTS AND/OR SERVICES, WHETHER IN CONTRACT, IN TORT, IN STRICT LIABILITY, UNDER A WARRANTY THEORY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE SUNFINDER GROUP FOR THE PRODUCT AND/OR SERVICE. IN NO EVENT SHALL THE SUNFINDER GROUP, OR ANY SUPPLIER OF PRODUCTS OR SERVICES TO THE SUNFINDER GROUP, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER TYPE OF DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SUNFINDER WEBSITE OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SUNFINDER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SUNFINDER WEBSITE, WHETHER BASED IN CONTRACT, IN TORT, IN STRICT LIABILITY, UNDER A WARRANTY THEORY OR OTHERWISE, EVEN IF THE SUNFINDER GROUP, OR ANY OF ITS SUPPLIERS OF PRODUCTS OR SERVICES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS 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 OF THE INFORMATION OR PHOTOGRAPHS CONTAINED IN THE SUNFINDER WEBSITE, OR WITH ANY PORTION OF THE SUNFINDER WEBSITE, OR WITH ANY OF THE TERMS OF USE STATED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUNFINDER WEB SITE.
8. Governing Law and Jurisdiction.
This User Agreement is governed by the laws of the State of California. By accessing the Sunfinder Website, you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, state of California for all disputes arising out of or relating to the use of the Sunfinder Website. Use of the Sunfinder Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
9. Invalid Provisions.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. This User Agreement constitutes the entire agreement between you and the Sunfinder Group with respect to the Sunfinder Website (as well as the links to other websites) and it supersedes all prior agreements, if any, between you and the Sunfinder Group in connection with the Sunfinder Website. A printed version of this User Agreement and of any notice given in electronic form from Sunfinder shall be admissible in a judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally prepared and executed.
Thank you for your patience. We hope you find the Sunfinder Website to be helpful and convenient to use! Questions or comments regarding the Sunfinder Website should be directed by electronic mail to webmaster@sunfinder.com. Again, thank you.
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