Privacy Policy

UPDATED ON JANUARY 9, 2018

Spinnaker Resorts is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Notice describes our practices in connection with information that we collect through websites operated by us (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), and through our social media pages that we control (collectively, our “Social Media Pages”), all of which from which you are accessing this Privacy Notice (collectively, including the Websites, the Apps and our Social Media Pages, the “Services”). This Privacy Notice also applies to our offline collection of information. The information you provide helps us to operate effectively and continually provide you with the best hospitality products, services and experiences. Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements. Please read the following to learn more about our privacy practices. NOTICE TO TIMESHARE OWNERS/FINANCING CUSTOMERS: You may receive a separate notice regarding “Your Financial Privacy” by mail. If this Website provides you the ability to access your account online, and you agree to receive annual notices online, we will provide you with annual notices through this Website. Further, if we provide you with updated notices online, we will require you to acknowledge receipt of the updated notice through this Website or another identified Website. Acceptance of Our Privacy Notice: By using the Services, you accept the terms of this Privacy Notice and the ways we may use your information. If you do not accept the terms of this Notice, please do not continue to use the Services.

What Information Is Collected and How Is It Collected?

We may collect personal information (which is information that identifies you or relates to you as an identifiable person) about you, such as your:

• Name
• Postal address (including billing and shipping addresses)
• Telephone number
• Email address
• Driver’s License or Government-issued ID
• Credit and debit card number
• Financial information
• Profile picture
• Social media account ID
• Stay information
• Communication preferences
• Subscribing membership ID

We may collect personal information from you when you interact with us such as when you:

• Register for a product or service
• Contact us with a question or request, or request, including by use of any Website chat features
• Use our Services
• Make a payment for a product or service
• Stay at one of our affiliated resorts
• Provide a testimonial or story, or submit a review or comment
• Participate in a competition or sweepstakes
• Participate in any loyalty or other programs
• “Like”, “Follow” or otherwise connect with or post to one of our Social Media Pages

From Other Sources: We may receive your personal information from other sources such as public databases; joint marketing partners; data firms; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Website account, certain personal information from your social media account will be shared with us, which may include personal information that is part of your profile or your friends’ profiles.

Other Information We Collect about you

• Cookies: This Website uses “cookies”. Cookies are small text files that the Website sends to your computer for record-keeping purposes and this information is stored in a file on your computer’s hard drive. Cookies make web surfing and browsing easier for you by saving your preferences so that we can use these to improve your next visit to the Website.
  • One of the purposes of cookies is to simplify the use of the Website. A cookie may save a user’s login details, for example, so that the user does not need to login every time. Cookies, by themselves, do not provide us with your personal information.
  • Cookies may be either “persistent” or “temporary” (or “session”) cookies. A persistent cookie retains user preferences for a particular website allowing those preferences to be used in future browsing sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
  • Cookies are also used for statistical purposes, to determine how the Website is used, as well as to serve ads to you while you are on the Website. These cookies are provided by us as well as by third parties (e.g., advertising partners). While we do not control or have access to the advertiser cookies we do permit those cookies to be used on the Website to facilitate tailored advertising and to monitor patterns of buying specific goods or interest in, for example, holidays or hobbies. These cookies run advertisements tailored to the user based on his online buying habits.
• “Do Not Track” Browser Settings: At this time, we do not respond to browser ‘do not track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit our Website. Please see the Interest Based Advertising section below to learn about how to exercise choice regarding their collection of such information for the delivery of interest-based advertising.
• Google Analytics: We use Google Analytics to help us get a better understanding of how visitors use the Website. The information generated by the Google Analytics cookie about your use of the Website is transmitted to and stored by Google. If you do not want your activity on the Website to be tracked by Google Analytics, you may opt out by using this link http://tools.google.com/dlpage/gaoptout?hl=en.
• Pixels, Beacons: We and/or our third party service providers may use invisible pixels or beacons on this Website to count how many users visit certain pages. This information is collected and reported in the aggregate. We may use this information to improve our marketing programs and content and to target advertisements at this Website and/or on other sites.
• Interest Based Advertising: We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Services and other websites, apps or online services, based on information relating to your access and use of our Services and other websites, apps and services on any of your devices, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Notice, please visit http://networkadvertising.org/managing/optout.asp and http://www.aboutads.info/choices/. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. You may opt out in Twitter by going to your account privacy settings and unchecking the box next to “Tailor ads based on information shared by ads partners.”
• Mobile Devices: When you use or access our Services from a mobile device, we may collect information such as your unique device ID and your location information. When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number, as well as any other information specified by the App in its terms or notices.
• Information Provided by you: We collect other information from you when you voluntarily provide it, such as stay, trip, product, service or related information; communication, product, service or other customer preferences; special needs or conditions that may impact your stay; and demographic information.
• IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.

How Do We Use Your Information?

The information we collect from you helps us to identify ways that we can continue to serve you in the best way possible and provide you with personalized products and services that suit your lifestyle. We use personal information for the following purposes:

• To respond to your inquiries and fulfill your requests, such as to send you newsletters.
• To send administrative information to you, for example, information regarding the Services or an event in which you are attending and changes to our terms, conditions, and policies.
• To complete and fulfill any purchases or requests for services, for example, to process your payments or a hotel stay or vacation rental, communicate with you regarding your purchase and provide you with related customer service.
• To send you marketing communications that we believe may be of interest to you via postal mail, email, telephone or SMS.
• To personalize your experience on the Services by presenting products and offers tailored to you.
• To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
• To facilitate social sharing functionality.
• To allow you to send messages to a friend through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, internal quality assurance, developing new products, enhancing, improving or modifying our Services, identifying usage trends, auditing use and functionality of our Services, helping enforce compliance with our Terms of Use, helping protect our Services, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• We may also aggregate and/or anonymize personal information for research, to improve our products and services, and for other business purposes. We may use and disclose information that does not personally identify you for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat such other information as personal information under applicable law, then we may use it for the purposes for which we use and disclose personal information, as set forth in this Privacy Notice.

How Do We Disclose Your Information?

Your personal information may be disclosed as follows:

• Affiliates: We may disclose your personal information to other businesses (our “Affiliates”), who may jointly use the personal information for the purposes described in this Privacy Notice.
• Business Partners & Sponsors: We may disclose your Personal Information to third party business partners or sponsors, as described below and elsewhere in this Privacy Notice. In the event and to the extent that there are additional uses of your Personal Information by Spinnaker Resorts business partners or sponsors (which additional uses are not otherwise described in or contemplated by this Notice), any such additional uses will be specifically described to you prior to or at the time such Personal Information is collected or prior to any transfer of such Personal Information to the business partners or sponsors. We may share your personal information with third parties, subject to any choices you have made. Many promotions offer opportunities for you to request additional information from such business partners and sponsors. By requesting additional information, you signify your consent to Spinnaker Resorts’s transfer of your Personal Information to the applicable business partners or sponsors so that they can respond to or fulfill your request. Although, in many instances, only your email address will be shared with these business sponsors and partners, Spinnaker Resorts is not limited to the type of Personal Information that it may disclose, provided that you requested the additional information and that Spinnaker Resorts has otherwise complied with this Privacy Notice. Vacation rentals: We may share your information with the owners and Business Partners of resorts we do not own, property owners associations and those with whom we have a sales and marketing relationship, in order to provide you with services.
• Vendors and Service Providers: We may disclose your information to vendors and service providers retained by us in connection with our business such as: travel services companies and providers; financial services companies; credit bureaus; property owners’ associations; vacation insurance companies; companies providing website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery services; tax and financial advisers; legal advisers; accountants; and auditors.
• Message Boards: We may make message boards, blogs, and other such user- generated content facilities available to users. Any information that is disclosed in these areas becomes public information and you should always be careful when deciding to disclose your personal information. We are not responsible for privacy practices of other users including website operators to whom you provide information.
• Merger or Acquisition: We may disclose your personal information to a third party who acquires any part of Spinnaker Resorts itself or any of its Affiliates, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets (including in connection with a bankruptcy or similar proceedings).
• Disclosure Permitted by Law: We may disclose your personal information to law enforcement authorities, government or public agencies, regulators, insurers and/or to any other person or entity having appropriate legal authority or justification for receipt of your information, if we believe that we are required or permitted to do so by law or legal process, to respond to claims, or to protect our rights, interest, privacy, property or safety and/or that of our Affiliates, you or others.
• Anonymized/Aggregated Information: Because aggregated or anonymized information does not personally identify you, we may use and disclose it for any purpose.

How Do We Safeguard Your Information?

Security of Your Information: We take reasonable steps to help protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of information that you provide to us via the Services.

Other Important Information

• Information Provided on Someone Else’s Behalf: If you provide us with information about someone else, you represent that you have the person’s permission to do so for the purposes detailed in this Privacy Notice.
• Links to Websites: The Services may have links to other websites that are not operated by us. We have no control over how these websites may collect your information and no responsibility or liability for the practices, policies and security measures implemented on these websites. You should read the privacy notices on those other websites before you submit your information through them.
• Social Media Sites: Please note that we are not responsible for the information collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to such other organizations through or in connection with the Apps or our Social Media Pages.
• Changes to Our Privacy Notice: From time to time we may revise this Notice to reflect new uses of personal information, to meet changes in the regulatory or business environment, or to satisfy the needs of our customers and service providers. Updated and date stamped versions will be posted on the Services, and, by using the Services following any such revision, you agree to the revised Notice.
• Minors: We do not knowingly collect, maintain or use personal information from children under 18 years of age, and no part of Services is directed to individuals under the age of 18.
• International Transfers: The Services are controlled and operated by us from the U.S. and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the U.S. For example, your information may be stored on servers located in other jurisdictions. By using the Services, you consent to the transfer of information to countries outside your country of residence and back, including to the U.S.
• Retention Period: We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

Choices and Contact Us with Your Questions

• Marketing: We may contact you by email, telephone, SMS or postal mail with information about products or services offered by Spinnaker Resorts or a third party that may be of interest to you. You can opt-out of receiving such marketing communications at any time.
• Access to Information We Hold about You: If you would like to access, update, correct or request that we suppress or delete any of the personal information we have collected from you or if you require further information from us about how we use your information please contact us at webmarketing@spinnakerresorts.com. In some jurisdictions, you may be charged a reasonable fee for access to your information.

Contact Information

If after reviewing this Notice, you have any questions or privacy concerns please send an email to webmarketing@spinnakerresorts.com or send a letter to: Spinnaker Resorts Corporate Compliance Officer 35 DeAllyon Ave Hilton Head Island, SC USA

California Privacy Rights

Notice to California Residents: If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes.

Effective Date: Jan. 1, 2018 Last Updated Date: Jan. 19, 2018

Offer Terms & Conditions

Discounted Vacation Eligibility Requirements

As a qualified participant, and in appreciation of your time, Spinnaker Resorts is offering this special promotional vacation package. Other than attending their 90-minute  vacation ownership sales presentation at some point during your stay, there is no other obligation. The resort presentation will include a fun and informative tour of Spinnaker Resort’s property outlining the benefits of ownership.
Your accommodations will be at one of our resorts or an affiliate hotel partner, and your 90-minute sales presentation will take place at a Spinnaker Resorts property. Once your reservation is confirmed by Spinnaker Resorts, a confirmation email will be sent that provides the location of their welcome center for check-in and your sales presentation.

Qualifications for this Promotion:

• I understand that attending a 90-minute vacation ownership sales presentation is a requirement to receive this discounted rate.
• Any gifts, such as tickets or gift cards, added to this package will be received after successful completion of the required sales presentation.
• Income may include Permanent disability, retirement (pensions accepted) or self-employment income. If self employment, the guest must present a business card that has the name of business and their owner’s name.
• There are absolutely no pets allowed.
• Participants must be a married or cohabiting couple, between the ages of 28-68 (Head of Household at least 28 with partner at least age 25). Couples must have matching addresses on their driver’s license or a current (within the last 2 months) bank statement, water, electric, or gas bill, marriage certificate, matching state ID’s, or pass ports. These are the only forms of address that will be accepted.
• Single Women aged 30-65 with an annual income of $75k and a valid major credit card NOT a check, debit or prepaid card do qualify.
• Married and Cohabitating couples must check in with valid photo ID, such as a valid driver’s license, state issued identification card or passport, and a Major Credit Card OR Debit Card attached to a checking account. Prepaid Cards are not accepted.
• Participants must have a combined annual income of at least $50,000 USD per year. It should exclude income derived from alimony, child support, unemployment, rental properties, social security, temporary disability or tips or commissions.
• Participants must be gainfully employed, or retired
• Participants must NOT be in active bankruptcy.
• Participants must be Citizens or Permanent Residents of the United States and fluent in English without the help of an interpreter.
• Participants can not be residents of the following states: Alaska, Hawaii, Maine, Iowa, New Jersey, California and Washington.
• This offer is not valid to Spinnaker Resorts Owners or their immediate family members, employees or their families, or people that have attended a sales presentation in the last twelve months or twice in their lifetime.
• The offer is not open to current or previous owners at Spinnaker Resorts.
• We accept Canadian citizens. Must be married, between the ages of 28 and 68, With a Major CC, not prepaid or debit. Have a combined income of 75,000 a year
• This website holds no discretion over the eligibility requirements for participation in the resort preview. The eligibility requirements have been set forth by the resort developer. If this website believes that the eligibility requirements for participation are not being met, we reserve the right to cancel any reservation.
• If for any reason spinnakervacations.com is made aware that the accommodations or presentation are not available for your selected travel dates in the selected resort, the website reserves the right to offer you alternate accommodations (Note: Additional costs may apply for alternative accommodations) or a full refund of the monies collected by spinnakervacations.com. We will not assume responsibility for any purchases made in correlation with this trip including but not limited to airfare or attraction tickets.
• If for any reason spinnakervacations.com is not informed of additional guests that are traveling ahead of scheduled arrival date, the additional guest rate offered by spinnakervacations.com will not apply.
• Failure to meet the above mentioned qualifications or attend the sales presentation will result in a charge back of the room nights used, at an additional night rate, plus monies previously paid towards the package price.

Cancellation & Rescheduling Policy

Rescheduling Your Reservation:

We know plans change. Sometimes an emergency arises and other times, you just end up needing a more convenient date than the one you originally chose. That’s why Spinnaker Resorts offers a flexible rescheduling policy.
As long as you call us at least 7 days before your arrival date, we can reschedule your vacation for free (as long as new dates do not have any surcharges). Please note that if you don’t give us at least 7 days notice, our cancellation policy will apply. (See Below)

Canceling Your Reservation:

Spinnaker Resorts also understands that on occasion, you can’t reschedule your trip and must cancel instead. You can do this at no cost within 24 hours of purchase. If you cancel after the 24-hour grace period, your purchase is non-refundable.
If you are booking this within 7 days of arrival, the 24hr cancelation window does not apply. We can only process rescheduling requests and cancellation requests by phone.
Please call our customer service department Monday-Friday, 9:00 a.m.- 9:00 p.m. (Eastern) at (877) 301-7829.
PLEASE REMEMBER:
No refunds will be given for no-shows, early checkouts or unused nights.

Website Terms of Use

Welcome to this Spinnaker Resorts website. Spinnaker Resorts provides and makes available this website subject to the following terms of use (“Terms”). These Terms explain a contractual agreement between you (“user,” “you,” “your”) and Spinnaker Resorts regarding your use of this website. You should print a copy of these Terms for your records. Please note, however, that Spinnaker Resorts may update and amend these Terms from time to time as Spinnaker Resorts deems necessary in its sole discretion.
Terms and Conditions for Use

The Spinnaker Resorts Web Site, also known as the Spinnaker Web Site and the Resort Sales by Spinnaker Web Site, (herein the “Site”) is an online information service provided by Spinnaker Resorts, Inc. (herein the “Administrator”), and is subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING, USING OR LINKING TO THE SITE.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.

This page states the terms and conditions under which you may use the Site and any other product or service offered by the Administrator through the Site. The right to use products or services offered by the Administrator is personal to you and is not transferable to any other person.

The Administrator reserves the right to change terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.

Section 1. Use of Material, Copyright:

The Administrator authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.

As a user, you agree to use the services offered by the Administrator in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The Administrator prohibits conduct that might constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of the Administrator is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.

The contents of the Site, such as text, graphics, images and other material (“Material”), are protected by U.S. and foreign copyright and trademark law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy all copies you have made of the Material.

Section 2. The Administrator’s Liability:

The Material may contain inaccuracies or typographical errors. The Administrator makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.

THE ADMINISTRATOR DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND SERVER ARE FREE OF COMPUTER VIRUSES OR ANY OTHER ELEMENTS WHICH MAY BE HARMFUL. IF USE OF THE SITE OR MATERIAL RESULTS IN THE NEED FOR SERVICING AND/OR THE REPLACING OF EQUIPMENT OR DATA; THE ADMINISTRATOR IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ADMINISTRATOR AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE ADMINISTRATOR AND HIS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Section 3. Disclaimer of Consequential Damages:

IN NO EVENT SHALL THE ADMINISTRATOR, AFFILIATES, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ADMINISTRATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 4. User Submissions:

Any communication which you post to any path, directory, extending-subdirectory, extending-sub domain and/or any other portion of the Site or transmit to the Administrator or to the Site by e-mail or other medium can be used by the Administrator on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Any communication which you post to any path, directory, subdirectory, extending-sub domain, comment form and/or any other portion of the Site, transmit to any user of this site, and/or transmit to the Administrator or to the Site by e-mail, comment and/or other medium which is deemed by the Administrator to be commercial in nature, appears robotically and/or automatically posted, and/or appears posted for the sole purpose increasing a third party domain’s website traffic, will automatically be assessed a $500 (US) per month fee for advertising, payable within 30 days of user’s communication. Failure to pay will result in the entity posting the communication having their account turned over to a collection agency of the Administrator’s choosing.

As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the lawful copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

The Administrator does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site. The Administrator does not endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.

The Administrator does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Administrator may investigate the allegation and determine in good faith at his sole discretion whether to remove or request the removal of the communication. The Administrator has no liability or responsibility to users of the Site for performance or nonperformance of such activities. The Administrator reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Section 5. Links to Other Sites:

The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Administrator of the contents on such third-party Web sites. The Administrator is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 6. Links from Other Sites:

This Site may be linked by third party Web sites. By linking to the Site, you agree to abide by the Terms of the Site. You may not ‘adorn’ the link in such a way as to imply an endorsement, ownership and/or sponsorship of the Site or materials contained on the Site. By linking to the site, you agree that the Terms of the Site supersede any and all terms stated or implied on third party web site containing the link. By linking the site, you agree to relinquish any and all claims of ownership, rights to use, permissions and/or licenses to the intellectual property rightfully owned by the Site.

Section 7. Software Licenses:

All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” and/or Software License (“License Agreement”). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.

Section 8. Limitation of Liability:

Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for the Administrator to you for all claims arising from the use of the Materials (including Software) is limited to $0.01.

Section 9. Indemnity:

You agree to defend, indemnify, and hold harmless the Administrator, his designates, relatives, officers, friends, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.

Section 10. Export Control:

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials (including Software).

Section 11. User Information:

The Administrator may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for his internal business and marketing purposes.

Section 12. General:

Spinnaker Resorts, Inc is based in Hilton Head Island, South Carolina, with resort and administrative locations in Ormond Beach, Florida, Williamsburg, Virginia, and Branson, Missouri. The Administrator makes no claims that the Materials are appropriate or may be downloadable outside of the United States. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by internal substantive laws of the State of South Carolina, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. If the user of this Site resides outside the State of South Carolina, the user must comply with the regulations of the State within which they reside and/or are accessing the Site. These regulations include those relating to the internet, and timeshare sales. Furthermore, in no way is Spinnaker Resorts, Inc. utilizing the contents of herein Site for the purpose of Sales solicitation in any State for which they are not registered. In States where Spinnaker Resorts is not registered, the user agrees that they have entered Site of their own volition. No waiver of any term of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Material on particular pages of the Site, this Agreement constitutes the entire agreement between you and the Administrator with respect to the use of the Site.

Section 13. Consent to contact:

We reserve the right to contact you by text, phone or email regarding your website visit. We will never share your information and you can opt out of any future communications by typing STOP to any text message, requesting STOP on a phone call, or clicking the unsubscribe link in our emails.

SPINNAKER RESORTS RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.