Welcome to the Preferred Reservations Web site (the “Site”). Your access to and use of the Site is expressly conditioned upon your acceptance of all terms and conditions set forth in this Agreement (“Terms”). Please read these Terms carefully before using the Site. By accessing, viewing, browsing, or otherwise using the Site, you agree, without qualification or limitation, to be bound by the Terms. If you do not agree to the Terms, YOU MAY NOT USE THE SITE in any way. Preferred Resorts Reservations, LLC and its affiliate Vacation Roost Inc. (collectively, “Preferred Reservations”) reserve the right to modify and/or remove any of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Site following a modification will signify your acceptance of such modification(s).
The materials on the Site (including but not limited to the text, information, data, images, audio, video, computer programs and/or anything else found at the Site) (collectively, the "Materials") are provided by Preferred Reservations as a service to its affiliates and guests, and may be used for informational purposes only.
Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Preferred Reservations' prior written permission. Except as expressly provided herein, Preferred Reservations does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Copyright © 2020, Preferred Reservations. All rights reserved. The names and logos for "Preferred Reservations" are trademarks of Preferred Reservations. Images of people, places or things displayed on the Site are either used by permission by, or are the property of, Preferred Reservations. Other products and company names appearing on the Site may be trademarks of their respective owners. The absence of a product or service name or logo from this Site does not constitute a waiver of Preferred Reservations' trademark or other intellectual property rights concerning that name or logo. Preferred Reservations does not represent or warrant that your use of Materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with Preferred Reservations.
Preferred Reservations' trademarks may be used only with the express permission of Preferred Reservations. You are advised that Preferred Reservations will aggressively enforce its intellectual property rights to the fullest extent of the law.
The Materials may be downloaded and reproduced solely for personal, non-commercial, internal use. You may not otherwise copy, reproduce, modify, publish, upload, post, transmit or distribute the Materials in any way. This is a restricted license, not a transfer of title. Any unauthorized use of the Materials at the Site may violate copyright, trademark, and other laws. You may not remove any copyright or other proprietary notices from the Material. Preferred Reservations may terminate this license at any time. Upon termination, you agree to immediately destroy the Materials.
Errors and Omissions
Preferred Reservations strives to ensure that the content and Materials on the Site are accurate and reliable; however, errors and omissions may sometimes occur. Therefore, Preferred Reservations does not make any representations or warranties as to the accuracy or completeness of the contents or Materials on the Site, including without limitation, any information relating to published rates or other prices, availability, dates for advertised specials, property descriptions or addresses. If an error or omission is made, Preferred Reservations reserves and maintains the right to refuse or cancel any reservation or order made. Confirmation of any reservation or order shall be a confirmation of receipt of such reservation or order only, and shall not be a binding legal contract. If the reservation or order has been confirmed and charged, Preferred Reservations shall immediately issue a refund.
Disclaimers and Limitation of Liability
THE CONTENT AND MATERIALS OF THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PREFERRED RESERVATIONS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THIS SITE, EVEN IF PREFERRED RESERVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Preferred Reservations does not warrant the accuracy or completeness of the content or Materials on the Site. Preferred Reservations may make changes to the content or Materials of the Site at any time without notice. Preferred Reservations makes no commitment to update the content or Materials the Site. Preferred Reservations also assumes no responsibility, and shall not be liable for any loss of data or damages to, or viruses that may infect, your computer system or other property on account of your access to, use of, or browsing in the Site or your downloading of any content or Materials from the Site. Preferred Reservations does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. IN NO EVENT SHALL Preferred Reservations' TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SITE.
Preferred Reservations is pleased to hear from its guests and welcomes your comments. Preferred Reservations does not want you to send to it any confidential or proprietary information through the Site. Any material or messages posted, files uploaded, data input or any other form of communication or information you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Preferred Reservations will have no obligations with respect to the Communications. Preferred Reservations will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. By transmitting Communications to the Site, you hereby grant to Preferred Reservations a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Preferred Reservations of any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You are prohibited from posting or transmitting to or from the Site any material that (a) would restrict or inhibit any other user from using and enjoying the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (d) would violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of privacy or publicity or any other proprietary right, (e) contains a virus or other harmful component, (f) contains any information, software or other material of a commercial nature, (g) contains advertising of any kind, or (h) constitutes or contains false or misleading indications of origin or statements of fact.
Bulletin Boards/Chat Rooms/Discussion Groups
Preferred Reservations may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Preferred Reservations, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
You represent and warrant to Preferred Reservations that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may provide to Preferred Reservations is truthful, accurate and complete and that you will keep any such information updated; and (c) you shall comply with all terms and conditions of this Agreement.
The Site is controlled by Preferred Reservations from its offices within the state of Utah in the United States of America. Any claim relating to the Materials or the Site shall be governed by U.S. federal law or the laws of the State of Utah. You and Preferred Reservations agree that sole and exclusive jurisdiction for any action or proceeding or arising out of or related to this Agreement shall be in state or federal court located in Salt Lake City, Utah.
You hereby agree to indemnify, defend and hold Preferred Reservations and its affiliates and all officers, directors, owners, employees and agents (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including all attorneys' fees) incurred by the Indemnified Parties in connection with any claim or cause of action arising out of your access to our use of the Materials or the Site, or your breach of these Terms.
This Agreement constitutes the entire agreement between you and Preferred Reservations with respect to the matters contained herein and shall not be modified except in writing, signed by both parties.