3. Limited License. You should assume that everything that you read or see on the Website is copyrighted or otherwise protected and owned by Operator or some third party who licensed to Operator the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Website may be copied or used without the prior written approval of Operator. We grant you permission to print individual pages from the Website, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the opportunities, services, benefits and privileges made available by Operator. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not (a) use the materials for any commercial purpose or for any public display (commercial or noncommercial), (b) remove any copyright or other proprietary notations from the materials; and (c) transfer or post the materials. The permissions granted hereunder shall automatically terminate if you violate any of these restrictions and may be terminated or modified by Operator at any time.
4. Website "As Is". We do not represent or warrant that you will have continuous or uninterrupted access to the Website or that of the functions of the Website will be error free. The Website is provided to you "as is" and "as available," and Operator and its service providers make no representation or warranty relating to the Website, including, without limitation, its performance, availability, content, or functions. Your sole remedy for any failure or non-performance of the Website shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Website.
5. Software Available on Website. Any software that is made available to download from the Website ("Software") is the copyrighted work of Operator and its service providers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Website in accordance with these terms and conditions and for no other purpose. All Software contained on the Website, is owned by Operator and/or our respective service providers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, THE COPY OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF ANY APPLICABLE LICENSE AGREEMENT.
6. Additional Copyright and Trademark Notices. All contents of the Website are: © 2015 Best of 52, LLC. All rights reserved. Operator is not responsible for content on websites operated by parties other than Operator. Inspirato®, Inspirato.com, and all Inspirato® marks and logos are either registered or unregistered trademarks of Operator in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Operator will seek to avail itself of the protections under the Digital Millennium Copyright Act when applicable. Operator reserves the right to remove any content on the Website which allegedly infringes another person's copyright or other intellectual property rights. Notices to Operator regarding any alleged copyright or other infringement on the Website should be directed to Inspirato; Attn.: Legal Department at firstname.lastname@example.org. If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. No license or right is granted by implication, estoppel or any other means to use any trademark appearing on the Website. Operator vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur in preventing the misuse or misappropriation of its property.
8. Links or Pointers to Other Websites. Operator makes no representations about any other website that you may access through our Website. When you access a non-Inspirato® website, please understand that it is independent from us, and that we have no control over the content thereon. In addition, a hyperlink to a non-Inspirato® website does not mean that we endorse or accept any responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Access to any third party website linked to our Website is entirely at your own risk.
9. Operator. The operator of Inspirato® is Best of 52, LLC, a Delaware limited liability company, a subsidiary of Inspirato LLC. Operator's address, email address and telephone number are 1637 Wazee Street, Suite 400, Denver, Colorado 80202, firstname.lastname@example.org, (303) 586-7771. Best of 52, LLC is registered with the State of Florida as a Seller of Travel - Registration No. ST38403; Washington Seller of Travel Registration No. UBI 603086598; California Seller of Travel Registration No. CST 2107465 (registration as a seller of travel in California does not constitute approval by the State of California and Operator is not a participant in the California Travel Consumer Restitution Fund). Pursuant to Haw. Rev. Stat. § 468L-1 et. seq., operator maintains a Hawaii travel agency trust account named "Best of 52, LLC Client Trust Account" at First Hawaiian Bank, 215 Papalaua Street, Lahaina, Hawaii 96761. Operator and its authorized agents, representatives, vendors, successors or assigns may perform Operator's obligations and exercise its rights hereunder.
10. Electronic Signature Consent.
(b) Scope and Withdrawal of Consent. Your consent to receive communications electronically, and our agreement to do so, applies to all Electronic Records. Your consent also permits the general use of electronic signatures in connection with your use of the Website and any opportunities, services, benefits and privileges made available by Operator, and you agree to be bound whenever you click on an "Agree", "Accept" or similar button on the Website, at which time a valid, binding and enforceable electronic contract will be formed. Operator is an Internet-based service provider; therefore; the withdrawal of your consent to electronically do business with us may result in the termination of any opportunity you may have to receive any opportunities, services, benefits and privileges made available by Operator. Withdrawal may be performed by submitting a tangible, non-electronic request to us at 1637 Wazee Street, Suite 400, Denver, Colorado 80202, Attn: Electronic Records, and subsequently confirming such request via telephone. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records.
(e) E-mail Communication. Your "Provided Email Address" is any email address that you provide to Operator or, if you are an Inspirato® member, the e-mail address provided with your membership registration, or any substitute therefor. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.
©Copyright 2015 Best of 52, LLC. All rights reserved.