These Terms of Use (“Terms of Use”) were last updated on April 23, 2007.
These Terms of Use constitute a legally binding agreement made by and between RTP, LLC (“RTP” or “we”) and you, whether personally or on behalf of an entity (“you”). These Terms of Use govern your use of rtp.com (“Website”) so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE OUR WEBSITE.
Your Use of the Website
By accessing the Website, you (i) agree to use the content of the Website for personal, non-commercial purposes, (ii) agree to provide true, accurate, and current information about yourself as prompted on the Website, and (iii) agree to comply with all applicable laws in connection with your use of the Website.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any content included therein without RTP’s prior written permission. You further agree that you will not (i) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or (ii) take any action that imposes an unreasonable or disproportionately large load on RTP’s infrastructure as determined by RTP in its own discretion.
Trademarks; Copyright
RTP and Resort Technology Partners are trademarks/service marks of RTP. Other trademarks, service marks, product names, company names, and logos appearing on the Website are the property of their respective owners. Unauthorized use of any trademarks, service marks, product names, company names, or logos may be a violation of federal and state trademark laws.
This Website, and the content included therein, is protected by U.S. and foreign copyright laws. You may not modify the information or materials displayed on, or that can be downloaded from, this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
User-Contributed Content
You may not post, submit, or transmit any content that violates any applicable law, regulation, or rule. You are solely responsible for any content that you post. We may elect to monitor areas of the Website by electronic or other means, but we are not responsible for screening, policing, editing, or monitoring user-contributed content.
By posting any content on the Website, you hereby grant RTP a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form in all media now known or hereinafter created anywhere in the world.
RTP respects the intellectual property rights of others and expects its users to do the same. RTP may remove content that in its sole discretion appears to infringe the intellectual property rights of others. If you believe that any content on the Website infringes your intellectual property rights, please notify RTP’s Copyright Agent and provide the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (ii) an identification of the intellectual property claimed to have been infringed; (iii) a detailed description of the material that you claim is infringing so that we may locate it; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved. RTP’s Copyright Agent is and can be reached at: Jeff DiFranco, RTP, LLC, P.O. Box 8890, Avon, CO 81620; Tel: 970.477.4800; Fax: 970.477.4840; e-mail: info@rtp.com.
Links
This Website may contain links to websites operated by other parties. The linked sites are not under the control of RTP, and RTP is not responsible for the content available on any other websites linked to the Website. Such links do not imply RTP’s endorsement of material on any other website and RTP disclaims all liability with regard to your access to such linked websites. RTP provides links to other websites as a convenience to users and access to any other websites linked to this Website is at your own risk.
Unless otherwise set forth in a written agreement between you and RTP, you must adhere to RTP’s linking policy as follows: (i) any link to the Website must be a text only link clearly marked “RTP”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with RTP’s names and trademarks; (iii) the link must “point” to the Website’s homepage, rtp.com, and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with RTP; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (vi) RTP reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Children
Our Website is not directed toward children under the age of 13. IF YOU ARE UNDER 13, PLEASE DO NOT USE THIS WEBSITE.
Additional Policies
You agree to be bound by and comply with RTP’s Privacy Policy any other policies governing the use of the Website that are posted on the Website or provided to you either electronically or otherwise in writing.
IDs; Passwords; Security
Certain clients of RTP will have the option of setting up an account and receiving a user ID and password for future access to their account. It is a violation of these Terms of Use for you to share your user ID or password or to use your user ID or password for unauthorized purposes. You are solely responsible for any unauthorized use of your user ID and password.
While we have measures in place to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect, you should be aware that no transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee the security of any information you provide to us.
Violations
You understand that access to the Website is conditioned on your adherence to these Terms of Use. If you violate any provision of these Terms of Use, you agree that we may deny you access to the Website. If asked to do so, you agree that you will not attempt to access this Website.
Modifications
RTP may, at any time, delete, modify, or supplement these Terms of Use without prior notice. Your continued use of the Website after such changes are posted will constitute your acceptance of such changes.
The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available at any time. RTP reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time. RTP may also impose limits on certain features of the Website or restrict access to any part or all of the Website without notice or penalty.
No Warranties
USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. ALL PRODUCTS DESCRIBED ON THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY.
RTP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE AND NEITHER RTP NOR ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS. RTP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. RTP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability
RTP SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE PRODUCTS DESCRIBED THEREON, EVEN IF RTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY PRODUCT DESCRIBED VIA THIS WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
Indemnification
You agree to indemnify and hold RTP and its affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference (including, but not limited to, our Privacy Policy) or your violation of any law or the rights of a third party.
Location; Applicable Law
The Website is operated by RTP from its offices in the state of Colorado. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject RTP or its affiliates to any registration requirement within such jurisdiction or country. RTP makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website or use of the products offered herein may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to this Website, including the services provided through the Website or the content of the Website, shall be governed by the laws of the state of New York, without reference to its choice of law provisions. Venue for the resolution of all such claims shall be had in the state and federal courts located in the state of Colorado.
General
These Terms of Use, as modified from time to time and including the supplemental terms and policies incorporated by reference, sets forth the entire understanding and agreement between you and RTP with respect to the subject matter hereof. RTP shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of RTP. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Questions/Comments/Concerns
If you have any questions, comments, or concerns about our Terms of Use, you may contact us at info@rtp.com
