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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the UnspoiledIslands.com website, you signify your agreement to all terms, conditions and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of use, please do not use this site. UnspoiledIslands.com reserves the right, at its discretion, to change, modify, update, add or remove all or a portion of these Terms of Use at any time, without notice. UnspoiledIslands.com urges you to periodically check the UnspoiledIslands.com website for changes. Your continued use of the website signifies that you agree to those changes.

1. Proprietary Rights. The website is owned and operated by UnspoiledIslands.com or other parties who have consented to their use by UnspoiledIslands.com. You acknowledge that copyrights, trademarks, service marks, patents or other proprietary rights and laws protect all content and materials available on the Site. Except as expressly authorized by UnspoiledIslands.com, you agree not to sell, license, copy, rent, modify, distribute, reproduce, transfer, transmit, publicly display, perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of these materials, including their modification, for any other purpose, may constitute a violation of patent, copyright, trademark, service mark, and/or other intellectual property laws.

As noted above, reproduction, copying or redistribution for commercial purposes of any materials or design elements of the Site is strictly prohibited without the express written permission of UnspoiledIslands.com.

2. Responsibility of the User. By using this website, you agree to be financially responsible for all transactions made using your login information, and you represent that you are of legal age to make such legally binding obligations.

3. Disclaimer of Warranty. All materials, information, software, products and services included in or available through this website (the "Content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. UnspoiledIslands.com and its subsidiaries and licensors do not warrant that the content is accurate, reliable or correct or that such services provided by UnspoiledIslands.com will be timely, secure, error-free or uninterrupted. UnspoiledIslands.com does not warrant that the site will be available at any particular time or location, that any defects will be corrected, or that the site is free of viruses or other harmful components. Your use of this site is solely at your own risk. UnspoiledIslands.com will not be liable for any damages or injury resulting from the user's reliance on any information provided in this website. Due to the fact that some jurisdictions do not permit the exclusion warranties then those exclusions shall not apply to users in those jurisdictions.

4. Limitation of Liability. Under no circumstances shall UnspoiledIslands.com, its subsidiaries or its licensors be liable for any direct, indirect or punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if UnspoiledIslands.com has been advised of the possibility of such damage. UnspoiledIslands.com will not be liable for any damages to, or viruses or other data corruption problem that may affect your computer equipment or other property on account of your access to or use of the site or your downloading of any materials, data, text, images, video or audio on the site. In no event will UnspoiledIslands.com, if found liable for damages or loss in any way related to the aforementioned uses of this website and/or its content, be liable for any amount that exceeds the amount, if any, which has been paid by you to access the website. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, UnspoiledIslands.com liability in such jurisdictions shall be limited to the extent permitted by law in those jurisdictions.

5. Indemnification. By using this website, you agree to indemnify UnspoiledIslands.com, and its officers, directors, employees, independent contractors, agents and suppliers from and against any liability, damage, costs or expenses, including reasonable attorneys' fees, that UnspoiledIslands.com may incur as a result of your use of his website or tour breach of these Terms of Use and Service. In addition, upon a request by UnspoiledIslands.com, you agree to defend, indemnify and hold harmless from any proceeding resulting from your use of the site. UnspoiledIslands.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with UnspoiledIslands.com in asserting any available defenses.

6. International Use. UnspoiledIslands.com makes no representation that materials on the site are appropriate in all locations outside the United States, and accessing the site from territories where the contents are illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local law.

7. Privacy. By accepting these Terms of Use and Service, you expressly consent to certain disclosures of your personally identifiable and other personal information and use of your information by third parties, and us as explained in our then current privacy Policy, which is incorporated herein by reference.

8. Links to Other Websites. This site contains links to other sites. UnspoiledIslands.com is not responsible for the content of any other website and makes no representation or warranty regarding any other website, nor does its linkage constitute an endorsement by UnspoiledIslands.com. Please be aware you access other websites at your own risk.

9. Choice of Law and Forum. These Terms of Use shall be governed and construed in accordance with the laws of the state of Delaware, excluding conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or dispute with UnspoiledIslands.com arising from or related to these Terms of Use or your use of the site resides in the state and federal courts of the state of Maryland, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

10. Arbitration. Any controversy or claim arising out of or relating to these Terms of Use or the breach hereof, with the exception of injunctive relief sought by UnspoiledIslands.com for any violation of UnspoiledIslands.com's proprietary rights, shall be settled by arbitration in accordance with the then current rules of the American Arbitration Association. Before entering into arbitration, the parties each shall present an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of a third, then the American Arbitration association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to these Terms of Use. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of the arbitration shall be Washington, D.C., U.S.A.

11. Entire Agreement. These Terms of Use constitute the entire agreement between you as the user and UnspoiledIslands.com with respect to the website, and supercede any and all prior agreements, in any form, between you and UnspoiledIslands.com.

12. Severability. In the event any section or provision of these Terms of Use is found to be unlawful or unenforceable for any reason, the rest of these Terms of Use will not be affected and shall remain in full force and effect.

13. Assignment. You as the user may not sell, transfer, assign, license or convey in any manner your rights, title, interest or obligations under these Terms of Use.

14. Termination. UnspoiledIslands.com reserves the right, in its sole discretion, to terminate your access to all or part of the site, with or without notice.

15. Additional Terms. As a SunScriber you may be subject to additional terms and conditions based upon reservations and purchases of goods and/or services, and you agree to be bound by such terms and condition.

16. Copyright. In the event you believe that your work has been copied and is accessible on the site in any way constitutes copyright infringement, you may notify UnspoiledIslands.com by providing UnspoiledIslands.com copyright agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the URL or other specific location on the UnspoiledIslands.com site where the material that you claim is infringed is located;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and,
  6. A statement by you, made under penalty or perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

UnspoiledIslands.com agent for notice of claims or copyright infringement on this Website can be reached as follows:

By mail: J. Michael Farrell
Farrell & Campo
Counsel
UnspoiledIslands.com.
1730 K Street, N.W., Suite 1100
Washington, DC 20006

By telephone: (202) 466-2727

By facsimile: (202) 466-3535

By email: jmichaelaw@aol.com

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