Terms and Privacy Policy

PRIVACY Resort TV Research is committed to protecting the privacy of resorttvresearch.com users. This policy details the information we gather, how we use it, and how we protect your privacy.

USER REGISTRATION AND DATA CAPTURE Your IP address is used to help identify you and to gather broad range demographic information. We use your IP address to administer some of the interactive functionality of the site. We also use cookies to track user sessions, to determine user profiles, to gather site traffic patterns of users, and to remember user names. Cookies are small data files that are placed on a site visitor's hard drive by a web server. You can visit Cookie Central for more information about cookies. Resort TV Research gathers information about customers in a variety of ways. Resort TV Research uses the information it gathers for internal marketing purposes and shares this data with no one other than its partners. Your contact information will not be sold to list vendors by Resort TV Research. Below, we have listed the information gathered and how it is used.

• Contest Registration: When you enter a contest sponsored by Resort TV Research or our partners you must provide a username, first and last name and e-mail address. We use the information collected at contest registration for a number of reasons including identifying users and customers, sending customers information about our company and promotional materials from partners, contacting users for customer care follow-up, tracking user traffic patterns to improve the site, and customizing site content to better serve users. As a result of entering Resort TV Research contests you will receive occasional communications from us to update you about our company and promotions. You may also receive information from our contest partners if you have opted to receive such information during the registration or contest entry process. If you do not wish to receive communications from us, you can always Opt-Out. Please see the Opt-Out section below for more details.
• Resort TV Research Surveys: From time to time Resort TV Research will administer an online survey to users of the site. These surveys are always optional and help Resort TV Research better serve the online community by seeking user opinions. The information gathered is usually aggregated and used to make programming and content recommendations, to understand TV viewing patterns when people visit resort markets, and to study user demographics. Information that you provide will be associated with your user profile unless the survey states otherwise (e.g., it is an anonymous survey).

RESORT TV RESEARCH PARTNERS This site may contain links to other Web sites. Resort TV Research is not responsible for the content or the privacy practices of these sites. outsidetelevision.com has special relationships with resorts, travel providers, and other business partners that sometimes capture user registration. By volunteering this information, you are agreeing to allow Resort TV Research to release information about you to its partners. You are also responsible for educating yourself about the privacy policies of Resort TV Research's partners. Sometimes Resort TV Research's partners send promotional materials to users. Users may Opt-Out of such mailings by following the Opt-Out procedures provided by Resort TV Research's partners. Resort TV Research also shares aggregate user information with its resort partners.

THE OPT-OUT POLICY AND PROCEDURE ResortTVResarch.com provides users the opportunity to Opt-Out of receiving information from Resort TV Research and its partners. To opt-out, send an e-mail to info@resorttvresearch.com and ask to be removed from our distribution list(s).

CONTACTING US: If you have any questions about this privacy statement, the practices of this site, or your online experience with us, you can contact: Richard Bilodeau, Director of TV Research, at rbilodeau@outsidetv.com

TERMS OF USE Your use of this site constitutes your acceptance of Resort TV Research's Terms and Conditions of Use (Terms of Use)

1. GENERAL This site (collectively, including all content and functionality available through the resorttvresearch.com domain name, the Website) is owned and operated by Resort Sports Network, Inc. (Resort TV Research). Resort TV Research has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed to access or use the site. These Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects of Resort TV Research, including but not limited to all products, software and services offered via the Website.

2. YOUR ACCEPTANCE OF RESORT TV RESEARCH'S TERMS AND PRIVACY POLICY Your use of and/or visitation to the Website signifies your agreement to (1) these terms and conditions (the Terms of Use) and (2) Resort TV Research's privacy notice is incorporated here by reference. If you do not agree to any of these terms or Resort TV Research's privacy notice, please do not use the Website. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version resorttvresearch.com/terms(Terms of Use). In its sole discretion, Resort TV Research may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits.

3. YOUR USE OF THE WEBSITE - PERMISSION AND RESTRICTIONS Resort TV Research hereby grants you permission to access and use the Website as set forth in these Terms of Service, under the following conditions: A. You agree to use the site for lawful purposes only. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. B. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Resort TV Research and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice. C. You agree not to alter or modify any part of the Website. D. You agree not to access User Submissions (defined below) or Resort TV Research website content through any technology or means other than the video playback pages of the Website itself, the Resort TV Research Media Player, or other explicitly authorized means Resort TV Research may designate. E. You agree not to use the Website, including the Resort TV Research Media Player for any commercial use, without the prior written authorization of Resort TV Research. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Resort TV Research’s express approval:
   • post or transmission through the site of any material which contains advertising or any solicitation with respect to products or services;
   • advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site;
   • sale of access to the Website or its related services such as Resort TV Research Media Player on another website;
   • use of the Website or its related services such as Resort TV Research Media Player, for the primary purpose of gaining advertising or subscription revenue;
   • the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or content on the Website; and
   • any use of the Website or its related services such as Resort TV Research Media Player that Resort TV Research finds, in its sole discretion, to be a use of Resort TV Research's resources or User Submissions with the effect of competing with or displacing the market for Resort TV Research, Resort TV Research content, or its User Submissions.
   F. You agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers, that accesses the Website in a manner that sends more request messages to the Resort TV Research servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or 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 associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, Resort TV Research grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Resort TV Research reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in Resort TV Research's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the site any material which violates or infringes in any way upon the rights of others, which (in Resort TV Research's sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violate any law. H. You agree not to upload, post or otherwise make available on the site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission. I. You also agree not to impersonate any other person while using the Website or conduct yourself in a vulgar or offensive manner while using our service. You agree that Resort TV Research may reject any User Submissions for any reason, including, but not limited to, vulgarity, nudity, other offensive content, which determination shall be at Resort TV Research's sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights. J. You agree that Resort TV Research, should it accept a User Submission, may include that User Submission in the Website for as long or as short a period of time as Resort TV Research, at its sole discretion, chooses. Furthermore, you agree that Resort TV Research may edit User Reviews and other written user comments, and may edit title, description or tag words for User Videos. K. You agree that Resort TV Research shall have the right, but not the obligation, to monitor the content of the site, including chat rooms and forums and to remove any material that Resort TV Research, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable. L. Resort TV Research reserves the right to discontinue any aspect of the Website at any time.

4. YOUR USE OF WEBSITE CONTENT In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website. A. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (Content) and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to Resort TV Research, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Resort TV Research reserves all rights not expressly granted in and to the Website and the Content. B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Website; and for Streaming. Streaming means a contemporaneous digital transmission of an audiovisual work via the Internet from the Resort TV Research Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available as is. C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available as is, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement. D. You may access Resort TV Research Content, User Submissions and other content only as permitted under this Agreement. Resort TV Research reserves all rights not expressly granted in and to the Resort TV Research Content and the Resort TV Research Service. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Resort TV Research is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Resort TV Research with respect thereto, and agree to indemnify and hold Resort TV Research, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. INTELLECTUAL PROPERTY A. Copyright All content included on the Website and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Resort TV Research, or its suppliers, and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Resort TV Research, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Resort TV Research. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Resort TV Research reserves the right to terminate your membership hereunder if Resort TV Research, in its sole and absolute discretion, believes that you are in violation of this paragraph. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Website. B. Trademarks Resort TV Research and each of its logos are trademarks or service marks of Resort TV Research. All rights thereto are reserved. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Resort TV Research. The trademarks, service marks and trade dress of Resort TV Research may not be used or reproduced without prior written approval from Resort TV Research and may not be used in connection with any product or service that is not affiliated with Resort TV Research, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Resort TV Research, or in any manner that disparages or discredits Resort TV Research. Other trademarks that appear on the Resort TV Research website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Resort TV Research. Any images of persons or personalities contained on the Resort TV Research website are not an indication or endorsement of Resort TV Research or any particular product or our service unless otherwise indicated.

6. ELECTRONIC COMMUNICATIONS By establishing an account with the Website, you consent to receiving electronic communications from Resort TV Research. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with Resort TV Research and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

7. RIGHT TO TERMINATE Resort TV Research reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Resort TV Research reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. Resort TV Research may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at Resort TV Research's sole discretion.

8. DIGITAL MILLENNIUM COPYRIGHT ACT It is Resort TV Research's policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Resort TV Research's designated Copyright Agent to receive notifications of claimed infringement is: Holly Howard, fax: 207-756-8982. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Resort TV Research customer service through http://ResortTVResearch1.idx.net/contact/list (Contact list). You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. If you are the owner or an agent thereof, of material that was removed from the Website or disabled after Resort TV Research received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Resort TV Research a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. • If a counter-notice is received by the Copyright Agent, Resort TV Research may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides Resort TV Research with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Resort TV Research's sole discretion.

9. GOVERNING LAW These Terms of Use shall be construed in accordance with the laws of the State of Maine, without regard to its conflict of laws rules. You and Resort TV Research agree that the United States District Court for the District of Maine and/or the Maine Superior Court, Cumberland County, shall have exclusive jurisdiction over any dispute between you and Resort TV Research relating in any way to the Website or these Terms of Use. You and Resort TV Research expressly consent to personal jurisdiction and venue in these courts and waive any objection that may exist, now or in the future, with respect to any of the foregoing.

10. DISCLAIMER OF OPINION The Website allows you and other parties to post reviews or comments concerning Resorts, Gear and User Generated Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of Resort TV Research, or its shareholders, directors, officers, or employees. Under no circumstances shall Resort TV Research, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

11. DISCLAIMER OF WARRANTY Every effort has been made to ensure the accuracy of information presented on outsidetelevision.com, but the accuracy of this information cannot be guaranteed. It is advisable to check all information with resort before booking and/or taking your trip. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Resort TV Research, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEITHER Resort TV Research, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Resort TV Research ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Resort TV Research WEBSITE. Resort TV Research DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Resort TV Research WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Resort TV Research WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 14. LIMITATION OF LIABILITY IN NO EVENT SHALL Resort TV Research, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE SITE OR AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Resort TV Research IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY Resort TV Research FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND Resort TV Research MAKES NO REPRESENTATIONS THAT THE Resort TV Research WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE Resort TV Research WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE EXPRESSLY APPLY TO THE USE OF CUSTOMER SERVICE. A. Exceptions IN THE EVENT THAT THE ABOVE LIMITATIONS OR EXCLUSIONS ARE FOUND INAPPLICABLE TO YOU, IN NO EVENT SHALL Resort TV Research'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

12. INDEMNIFICATION You agree to defend, indemnify and hold harmless Resort TV Research and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of: (i) your use of the Website and/or any information, services and/or goods provided via the site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; (iv) any claim that on of your User Submissions caused damage to a third party. The obligations under this subsection will survive these Terms of Use and your use of the Website.

13. THIRD PARTY CONTENT AND LINKS Resort TV Research is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, Resort TV Research has no more editorial control over User Videos than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Resort TV Research. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Resort TV Research neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Resort TV Research employee spokespersons while acting in their official capacities. Some of the hyperlinks on the Website may lead to other websites that are not controlled by, or affiliated with, Resort TV Research. In addition, other websites may link to the Website. Resort TV Research has not reviewed these websites, has no control over those sites and is not responsible for the content or privacy policies, or practices of any third party websites. In addition, Resort TV Research will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Resort TV Research from any and all liability arising from your use of any third-party website that you visit through the Website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

14. EXPORT CONTROL Software and other materials from this site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this site may be downloaded or exported (1) into (or to a national or resident of) any country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Resort TV Research does not authorize the downloading or exportation of any software or technical data from this site to any jurisdiction prohibited by the United States Export Laws.

15. RELATIONSHIP No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Resort TV Research by your use of the site.

16. CHANGED TERMS Resort TV Research has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

17. PRIVACY POLICY Your acceptance of these Terms of Use and/or use of the site constitutes your acceptance of Resort TV Research's Privacy Policy (see above).

18. ASSIGNMENT These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Resort TV Research without restriction.

19. MISCELLANEOUS These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of Resort TV Research, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.