Little Paradise Resort - Terms of Use

Acceptance of Terms: Please read the following Terms of Use ("Agreement") carefully before using Little Paradise Resort's website (the "Site") as it contains terms and conditions that apply to all users of the Site.

BY USING THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THEM WITHOUT MODIFICATION. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

Definitions Applying to this Agreement: "You," "your", the "user," or "users" include you and, if applicable, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs. "Little Paradise Resort" and "Owner" mean Little Paradise Resort and its parent, affiliates, subsidiaries and related companies. "Site" means the Internet website known by the universal resource locators ("URLs") and domain names: http://www.littleparadiseresort.com, or any other URLs or domain names of Little Paradise Resort, and all pages, sections, areas and parts of it and "Information" (as defined herein) displayed, presented or found at or through it. "Information" means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through the Site, regardless of whether Little Paradise Resort or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term "Information" also includes "Trademarks" (as defined herein). "Documents" means materials and documents of third parties submitted by Little Paradise Resort and published or found at or through the Site. "Information" (as defined herein) also includes "Documents."

Ownership of the Site & Information: This Site is owned and operated by Little Paradise Resort. This Site contains and references Trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Little Paradise Resort and/or other parties. No license or right to or in any such Trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Little Paradise Resort and/or other parties is granted to or conferred upon you. No material from the Site may be copied, reproduced, uploaded, posted, transmitted or distributed in any way. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Little Paradise Resort trademark, logo or other proprietary information (including images, text, page layout or form). You may not use any meta tags or any other "hidden text" utilizing our name, Trademarks or other proprietary information.

All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not (collectively, "Trademarks") found on this site or in the Information or Documents are owned by Little Paradise Resort or other parties. Any reproduction or use of any of the contents of the Trademarks without the prior express written consent of Little Paradise Resort or the respective owner of the Trademark is expressly prohibited.

In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate the Site and are used to make Information available on this site also belong to Little Paradise Resort and, in some cases third-party providers, and also represent the proprietary property of Little Paradise Resort or its third-party providers. In the event you download software from the Site, the software, including any files, images, incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Little Paradise Resort or third party licensors for your use in connection with the Site only. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of such license agreement.

No Rights to Little Paradise Resort or Third-Party Provider Property: Neither Little Paradise Resort nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information or Documents found on this site or accessed or used through it, including without limitation the Trademarks, Software, copyrights or any other proprietary right or asset belonging to Little Paradise Resort or a third-party provider.

Linking: Unless you obtain prior authorization under a written agreement with Little Paradise Resort, you may not create or establish any link between your own web site or that of a third party site and the Site.

Limited Rights to Use the Site: This Site is available for use only to individuals who can form legally binding contracts under applicable law, and thus, is not available to minors. By using this Site, you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site.

Subject to the terms and conditions of this Agreement, you may use this Site for your personal use only. Commercial uses of this Site are strictly prohibited. You may view, display, download into the memory of your own personal computer and make one printed copy of the Information found on the pages of this Site; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available on this site in accordance with the terms and conditions hereof, for your personal, non-commercial use only and not for public display, performance, sale or rental; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. No rights are granted to you except those expressly stated in this Agreement.

Registration/Passwords/Site Security: If, at any time, Little Paradise Resort requires registration in order to access or use any areas or Information at this Site, you agree to: (a) provide true, complete, accurate and current data, as requested in the registration process (the "Registration Data"); (b) maintain and update the Registration Data promptly as required herein; (c) prevent unauthorized access or use by you or others by use of your user identification number and/or passwords; (d) report any unauthorized use or disclosure of your password or other breach of Site security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Little Paradise Resort reserves the right to suspend, and/or to refuse any further, access or use of the Site or Information if Little Paradise Resort learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or if you misuse or permit another to use your password who is not authorized to do so.

Monitoring: You acknowledge and agree that Little Paradise Resort has no obligation, but reserves the right to monitor the Site, and may do so from time-to-time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied, and used for authorized purposes in accordance with the terms of this Agreement, the Little Paradise Resort's Rental Policy, and Little Paradise Resort's Privacy Policy. Little Paradise Resort, in its sole discretion at any time and without further notice to you, may: (1) review, censor, prohibit the transmission or receipt of, or refuse to post and/or remove any information or materials, in whole or in part, which Little Paradise Resort, in its sole discretion, deems to be inappropriate or objectionable (such as the prohibited information described in the Section below entitled "Restrictions, Limitations and Conditions Applicable to Your Use of this Site") or as violating any term or condition of this Agreement; and/or (2) disclose any information Little Paradise Resort deems necessary or desirable to satisfy any law, regulation or governmental request. Your use of the Site constitutes your consent to such monitoring and use and handling of information in conjunction with monitoring as is described herein.

Use of Third Party Suppliers: In order to offer the services related to this Site and fulfill reservations or orders users place on this Site, Little Paradise Resort may use third party suppliers. You acknowledge and agree that such third party suppliers are independent contractors and not agents or employees of Little Paradise Resort. Your credit card statements for products or services purchased on the Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to Little Paradise Resort.

YOU AGREE THAT LITTLE PARADISE RESORT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. LITTLE PARADISE RESORT HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND LITTLE PARADISE RESORT'S DIRECT CONTROL, AND LITTLE PARADISE RESORT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.

Restrictions, Limitations and Conditions Applicable to Your Use of this Site: As a condition of your rights to access or use this Site, you must use the Site and all Documents and Information found on this site for lawful purposes only and only as expressly permitted in this Agreement. As a condition of your access and use rights to the Site and Information, you agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Little Paradise Resort, in its sole and absolute discretion, shall determine:

Copy, reproduce, store, resell, rent, lease, grant a security interest or transfer a right in, sublicense, distribute, redistribute, broadcast, transfer, publicly display, publish, adapt, modify, translate, create derivative works from, time-share, de-compile, reverse-engineer, reverse-compile, export any information or technology from, or allow any access to or use of the Site or of any part thereof except as expressly authorized in this Agreement;
Restrict or inhibit any authorized users from accessing or using the Site, Information or Documents;
Transmit to or introduce on this site any viruses or harmful software, program, code, utility, material, routine or material or thing intended to damage, interfere with, disrupt, intercept or expropriate the Site, the Information on this site or any other system, program, network, web site, data, information, or activities associated with those items ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that involves, or with a purpose of creating, a disruptive, surreptitious, detrimental or other harmful effect, including without limitation, by excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or by means of hacking, or denial of service events ("System Attacks");
Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other identity or affiliation or that of anyone else, or provide false, inaccurate or misleading information in connection with accessing or using the Site; or
Use the Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against Little Paradise Resort, you, or any third party.
Use the Site, the Information, or the Documents for any unlawful or illegal purposes or post, submit, upload, e-mail or otherwise transmit any information, documents, materials or communications at, to or through the Site that would constitute a violation of, or engage in or encourage conduct that violates, any law, regulation or legal requirement or any local, state, national or international governmental entity.
Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Site that (1) is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, harassing, derogatory, rude, abusive, offensive, hateful, or otherwise objectionable in any way (including, e.g., to anyone because of race, ethnicity, gender, national origin, age), or that may harm minors, or is unlawful in any similar or other way; (2) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (3) has an advertising, marketing, promotional or other business or commercial purpose.

RESPONSIBILITY AND LIABILITY FOR USE: YOU ARE ENTIRELY RESPONSIBLE FOR MAINTINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU HEREBY INDEMNIFY, DEFEND AND HOLD LITTLE PARADISE RESORT AND EACH OF OUR OWNERS, PARTNERS, SUBSIDIARIES, AFFILIATES AND EACH OF SUCH PERSON'S OR ENTITIES' OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, GUESTS, RESIDENTS, VISITORS, LICENSEES, INVITEES, PERMITEES AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL ALLEGATIONS, DEMANDS, CLAIMS, LIABILITIES, DAMAGES, FINES, PENALTIES OR COSTS OF WHATSOEVER NATURE (INCLUDING REASONABLE ATTORNEYS' FEES) AND WHETHER BY REASON OF DEATH OF OR INJURY TO ANY PERSON OR LOSS OF OR DAMAGE TO ANY PROPERTY OR OTHERWISE ("CLAIMS") ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SERVICES OR PRODUCTS PROVIDED TO YOU BY THE SITE, YOUR USE OF THE SITE AND ANY LINKED SITES (AS DEFINED BELOW) OR ANY RELATED ACT OR FAILURE TO ACT BY YOU, WHETHER OR NOT OCCASIONED OR CONTRIBUTED TO BY THE NEGLIGENCE OF LITTLE PARADISE RESORT OR ANY AGENT OR EMPLOYEE OF THE INDEMNIFIED PARTIES OR ANY OF THEM (EXCEPT AS AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW) OR CLAIMS ARISING FROM YOUR ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS RELATED TO INFRINGEMENT BY YOU OF THE INTELLECTUAL PROPERTY OR PROPIETARY RIGHTS OF ANY PERSON, INCLUDING WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK, ARTIST RIGHTS, DROIT MORAL, PRIVACY, PUBLICITY OR RIGHTS UNDER OTHER INTELLECTUAL PROPERTY LAWS. IN THE EVENT THAT ANY CLAIM IS MADE OR ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE INDEMNIFIED PARTIES, OR ANY OF THEM, ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, ANY SUCH INDEMNIFIED PARTY MAY, BE REASONABLE NOTICE TO YOU, REQUIRE YOU, AT YOUR EXPENSE, TO RESIST SUCH CLAIM OR TAKE OVER THE DEFENSE OF ANY SUCH ACTION OR PROCEEDING AND EMPLOY COUNSEL FOR SUCH PURPOSE, SUCH COUNSEL TO BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF SUCH INDEMNIFIED PARTY, WHICH APPROVAL SHALL BE DEEMED TO HAVE BEEN GIVEN HEREBY IN THE CASE OF COUNSEL ACTING FOR YOUR INSURANCE UNDERWRITERS ENGAGED IN SUCH RESISTANCE OR DEFENSE. YOU SHALL COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Linked Sites: This Site may point or link to other web sites or to web pages or documents hosted on other web sites ("Linked Sites"). None of the links create or constitute, nor are they intended to create or constitute, any legal affiliation or relationship between Little Paradise Resort and any other person, company or entity which owns or operates a Linked Site, or any liability or responsibility on the part of Little Paradise Resort for such third parties, all of which Little Paradise Resort hereby disclaims. Little Paradise Resort does not own or control the Linked Sites and does not endorse, support or approve of the content, information, advertising, products, services or other materials on or available from the Linked Sites. Little Paradise Resort shall not be responsible for the content of any Linked Sites and makes no representations or warranties regarding the Linked Sites or the content, information, advertising, products, services or other materials contained on the Linked Sites. If you decide to access the Linked Sites, you do so at your own risk. Additionally, other web sites may include links to this Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site and does not indicate Little Paradise Resort's endorsement, support or approval of such web sites.

DISCLAIMER OF WARRANTIES: ALL INFORMATION AND OTHER MATERIALS, PRODUCTS, SERVICES AND FEATURES ON THIS SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS, LIMITATIONS AND ERRORS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY FROM LITTLE PARADISE RESORT WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR ARISING BY STATUTE OR LAW OR ARISING BY VIRTUE OF CUSTOM, TRADE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, ALL OF WHICH LITTLE PARADISE RESORT HEREBY DISCLAIMS.

Disclaimer Regarding Site Access: Little Paradise Resort shall have no responsibility to provide you with access to the Site or any Linked Site, or any Documents, Information, products, services, tools or features offered, accessed or used at or through the Site or any of the Linked Sites. Further, Little Paradise Resort shall not be responsible or liable for the timeliness or correct sequencing of, or any damages due to the unavailability during any period of interruption or delay in service of, any of the foregoing, regardless of the cause (whether equipment, software, system, utility or data-line interruption or failure).

Limitations of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LITTLE PARADISE RESORT, ITS AGENTS, REPRESENTATIVES, THIRD PARTY SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER ACTUAL, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS) RESULTING FROM OR IN ANY WAY CONNECTED TO: (1) YOUR USE OF THIS SITE; (2) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS); OR (3) THE PERFORMANCE OR NON-PERFORMANCE BY LITTLE PARADISE RESORT OR ANY THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.

IN THE EVENT LITTLE PARADISE RESORT IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.

Access to the Site: You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use the Site through the Internet. Little Paradise Resort reserves the right to refuse assistance to or to charge additional fees if you seek assistance from Little Paradise Resort regarding use of your system or equipment or basic background computer or Internet-use information or any other matters not directly related to the operation of the Site.

Minors and the Child On-Line Privacy and Protection Act: The Site is not designed for anyone under age 18. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register for any service on this site, then you are acknowledging and agreeing that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor's access to and use of the Site and the Information on this site; and (c) the consequences of any use of the Site by such Minor. If you do permit use of the Site by your minor child, please be advised that Little Paradise Resort does not wish to receive, nor may you provide or allow your child to provide, any personally identifying information or data from or concerning a child under age 13. Little Paradise Resort may use all personally identifying data submitted or collected on this site, such as name, physical and e-mail address, telephone or fax number, in any fashion that is consistent with its Privacy Policy. Therefore, before submitting or allowing your child under age 13 to submit any personally identifying information, you must first contact Little Paradise Resort and provide express permission for the receipt and use of such information.

Rental Policy: You hereby acknowledge having read and accept and agree to all terms and conditions of Little Paradise Resort's Rental Policy, also found on this site.

Privacy Policy: You hereby acknowledge having read and accept and agree to all terms and conditions of Little Paradise Resort's Privacy Policy, also found on this site.

Termination: Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of Little Paradise Resort's sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which Little Paradise Resort may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Little Paradise Resort.

Attorney's Fees: In the event Little Paradise Resort takes any action to enforce this Agreement, Little Paradise Resort will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Little Paradise Resort may be entitled.

Governing Law: This Agreement shall be governed by the laws of the state of Wisconsin, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claim, demand or lawsuit ("Claim") arising from or relating to your access and use of the Site contemplated by this Agreement must be instituted within two (2) years from the date upon which such Claim arose or accrued. Further, any such Claim may only be brought in the state or federal courts located in Marinette County, Wisconsin. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Wisconsin as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

Entire Agreement; Changes to this Agreement: The terms of this Agreement, as posted on this site, constitute the entire and exclusive agreement between you and Little Paradise Resort regarding the Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Site. Little Paradise Resort retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes Little Paradise Resort may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Site.

Modifications to this Site: Little Paradise Resort reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, products, services and features found on this site or acquired through it (of Little Paradise Resort and/or third-party providers).