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Last Updated October 28, 2011

Terms of Use for Internet Sites


These Terms of Use (“TOU”) and the Privacy Policy (available at cover internet websites and any associated content including email (each website referred to hereafter as a “Site”) provided by Tower Kauai Lagoons, LLC and its licensees, specifically Timbers Resort Management, LLC and/or any affiliate of Timbers Resort Management, LLC (together, “Timbers”, “our”, “we” or “us”).

Please read these TOU and the Privacy Policy carefully before using and/or accessing the Site.

By entering or using the Site, you consent and agree to these TOU without limitation or qualification. If you do not agree to these TOU, please do not enter or use the Site. We reserve the right to change these TOU from time to time without notice so you should check these TOU periodically for updates. Whenever Timbers changes these TOU, it will post those changes to these TOU. Please note that by continuing to use or access the Site after any changes to these TOU are made, you agree to these TOU as amended.


The information provided on the Site does not represent an offer to purchase or sell real estate, real estate interests, rights to use real estate or real estate investment opportunities, nor should any information provided on the Site be interpreted by you as representing the same. Any depictions or renderings shown herein, and any services or amenities discussed herein, are conceptual, subject to change and should not be relied upon for investment or other purposes. Any maps, diagrams, depictions and renderings shown herein are not to scale and the appearance, specification, size, layout and design of a final product, if any, may differ substantially.

Unless specifically stated or otherwise indicated, all content (which may include, yet is not limited to, trademarks, service marks, copyrights, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on, the Internet or on web sites) (referred to hereafter as “Content”) on the Site is the property of Timbers, and protected by intellectual property laws and therefore no Content may be copied, republished, posted, transmitted or distributed except that you may print out one copy solely for your personal non-commercial use so long as you do not remove or alter any copyright, trademark, trade name, service mark, or any other proprietary notices. Content owned by third parties may also appear on the Site, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Timbers.

The Content that appears on the Site is for general information and communication purposes only and is meant to provide information about our business to the public. We do not represent that the Content we provide on the Site is completely accurate or error free, and therefore any reliance on the Content is done so at your own risk. Any use of the Site or its Content other than for the uses allowed in these TOU, including but not limited to other non-private, commercial purposes, is prohibited.

Any use of, or posting any Content on (including but not limited to sending email to or through the Site), the Site that could destroy, damage or impair any portion of the Site or any computers, systems, hardware or software used by us or other visitors to the Site, is prohibited.

Any attempt to gain unauthorized access to the Site, or the Content therein, or any computers, systems, hardware or software used by us or other visitors to the Site, through hacking or other similar means, is prohibited.

If you violate any portion of these TOU, we reserve the right, without an obligation to do so, to deny you access to the Site, remove any Content you may have posted on the Site, and/or seek any remedies available at law or equity. Repeated violations of these TOU may result in a permanent suspension of your ability to access and/or post any future Content on the Site.

The Site is not intended for or marketed to children, but is intended for adults 18 years of age or older. By using or accessing the Site, you represent that you are 18 years of age or older.


The Site may contain links to external, third party sites along with relevant commentary or summaries. By providing links to other sites, we do not guarantee, approve or endorse the information or products available on those sites, nor does a link indicate any association with or endorsement by Timbers or the Site, unless expressly stated otherwise.

Timbers does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.


You are not permitted to frame any Content on the Site or use any trademark or other intellectual property owned by Timbers without our written consent.


If you believe that any Content on the Site infringes your copyright and you want the Content removed, please send a detailed message to [email protected].

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) 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;

(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) a statement that the complaining party has 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

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


If you believe that any Content on the Site violates or infringes your intellectual property rights other than copyright claims referenced in the previous section, please send a detailed email to [email protected] detailing your allegation or complaint. We take infringement of a party’s intellectual property rights very seriously and will investigate the matter accordingly.


Use of the Site is subject to Timbers’ posted Privacy Policy, which may be viewed at By using the Site, you acknowledge and agree with the terms and conditions of the Privacy Policy.


Together with the Privacy Policy, these TOU constitute the entire agreement between you and Timbers with respect to your use and/or access of the Site.

These TOU are governed by the laws of the United States and the State of Colorado without respect to its conflict of law principles. You specifically consent to personal jurisdiction in the State of Colorado in connection with any dispute between you and Timbers arising out these TOU or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute between you and Timbers arising out of these TOU will be the courts in the State of Colorado.

If any provision of these TOU is found to be invalid by a court of competent jurisdiction, the remaining provisions of these TOU shall remain valid as if the invalid provision had not been included.

No waiver of any of portion of these TOU shall be deemed a further or continuing waiver of the same portion or any other portion of these TOU.

Except as otherwise provided herein, these TOU constitute the entire agreement between you and Timbers relating to this subject matter and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Timbers with respect to the Site.

You understand that Timbers cannot and does not guarantee or warrant that files available for viewing from the Internet or the Site will be free from viruses, worms, Trojan horses or other harmful files that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems, hardware or software may sustain as a result of accessing the Internet and/or the Site.

Your use of the Site is at your own risk. The Site and the Content therein is provided “as is” and without warranties of any kind, either express or implied. Timbers disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Timbers does not warrant that the functions or Content contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server(s) that make(s) the Site available are free of viruses or other harmful components.

Timbers does not warrant or make any representation regarding use, or the result of use, of the Site and Content in terms of accuracy, reliability, or otherwise. The Site and Content may include technical inaccuracies or typographical errors, and Timbers may make changes or improvements at any time. You, and not Timbers, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the Site and Content. Timbers makes no warranties that your use of the Site and Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such Site and Content.


Timbers, its subsidiaries, affiliates, licensors, service providers, site developers, employees, agents, officers, attorneys and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Timbers has been advised of the possibility of such damages. In no event will the collective liability of Timbers and its subsidiaries, affiliates, licensors, service providers, site developers, employees, agents, officers, attorneys and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Timbers for the applicable Content or service out of which liability arose.


You will indemnify and hold Timbers, its subsidiaries, affiliates, licensors, site developers, service providers, employees, agents, officers, directors, and attorneys (the “Indemnified Parties”) harmless from any claims or demands as a result of a breach of these TOU by you or your unauthorized use of the Site, including any use of Content other than as expressly authorized in these TOU. Your indemnification obligation shall survive the termination of these TOU. You agree that the Indemnified Parties will have no liability in connection with any such claims or demands that result from a breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will indemnify and hold the Indemnified Parties harmless from and against any claims or demands brought by third parties arising out of your use of the information or Content accessed from or located on the Site.


We reserve the right, without notice or reason and at our sole discretion, to terminate your access to the Site. We also reserve the right, without notice or reason and at our sole discretion, to terminate the Site. You agree that we are not liable to you or any third party for any termination under this section.

International Issues

We make no representation that the Site is appropriate or available for use, viewing or access in any specific country or that the Site is compliant with all foreign laws, so those who access or use the Site do so at their own risk and are responsible for complying with applicable local and foreign laws.


If you have any questions relating to, or notices of violations of, these TOU or the Privacy Policy, please contact Timbers Resorts by email or by mail to:

Timbers Resorts
201 Main Street
Suite 202
Carbondale, CO 81615
Email: [email protected]