Grand Share - Your Source for Fractional Real Estate

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Terms and Conditions
Terms of Use

I.	General 

Legacy Lodging, LLC (dba GrandShare) (hereinafter "Legacy") operates this Web site  and its associated Web pages (hereinafter referred to as the "Legacy Web site").  Any person accessing or using the Legacy Web site is referred to as "you."

II.	Acceptance of Terms

By accessing or using any part of the Legacy Web site or the services provided on it or other Web sites as set forth below (collectively, the "Services"), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Legacy from time-to-time without notice to you (the "Terms of Use").  These Terms of Use constitute a binding contract between Legacy and you. You are responsible for regularly reviewing the Terms of Use.  If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Legacy Web site.

Additional terms may govern use of certain Web pages within the Legacy Web site. In the event that any provision, term or guideline contained on a particular Web page in the Legacy Web site conflicts with the Terms of Use, the terms of such Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall govern at all times control.

III.	General Use of the Legacy Web site

You agree to use the Legacy Web site for your personal use. Your commercial use is limited to transactions done on your own behalf, or if you are a real estate professional, on behalf of those you formally represent by written agreement.  Real estate professionals may provide information to clients or potential clients via the Legacy Web site or, where authorized, take actions on behalf of a client whom they represent (e.g., post a home for sale).  Subject to the restrictions set forth in the following paragraphs, you may copy information from the Legacy Web site only as necessary for your personal use.  You agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Legacy Web site.

These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the services and/or content on third-party Web sites. 

Unless specified otherwise, Legacy offers you access to the Legacy Web site solely for your personal and non-commercial uses. You agree to only access or use the Legacy Web site only for legal purposes that are permitted by this Terms of Use Agreement.  Among other things, you agree not to:

* except with the express written permission of Legacy, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, proprietary and confidential information, software, lists of users, databases or other lists, products or services provided through or obtained from the Legacy Web site, including without limitation, engaging in the practices of "screen scraping," "database scring," or any other activity with the purpose of obtaining lists of users or other information;
* damage, disable, overburden, or impair the Legacy Web site or interfere with any other party's use and enjoyment of the Legacy Web site;
* obtain or attempt to obtain any materials or information through any means not made readily accessible by Legacy through the Legacy Web site. 

Except with the express written permission of Legacy, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Legacy Web site.

Except with the express written permission of Legacy, you agree that you will not create links from any Web site or Web page to any page within the Legacy Web site; provided however upon prior written notice to Legacy at info@grandshare.com, you may create a link directly to the Legacy Web site (or GrandShare) home page currently located at http://www.grandshare.com.  The origin of any link to the Legacy Web site home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Legacy Web site or GrandShare home page.  By creating a link to the Legacy Web site, you agree that (a) you will not employ any technology that results in the placement of content from the Legacy Web site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Legacy Web site from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the Legacy Web site. Legacy reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Legacy so requests.  In addition, unless otherwise indicated in writing, you acknowledge that Legacy is not a sponsor of, is not sponsored by, nor is affiliated with, you or your site.

You agree that Legacy may in its sole discretion and at any time terminate your access to and use of the Legacy Web site, or any part thereof, with or without notice.  You further agree that use of the Legacy Web site shall be immediately terminated if you violate these Terms of Use.  In addition, Legacy reserves the right, in its sole discretion, to modify or discontinue the services and content provided on the Legacy Web site, with or without notice, and without liability to you.
You acknowledge that Legacy is not a real estate broker, mortgage broker or mortgage lender, and Legacy does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

IV.	Content Contained in the Legacy Web site

The Legacy Web site and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Legacy Web site (collectively, "Content") is owned by Legacy and/or third parties with all rights reserved unless otherwise noted.  Legacy grants you a limited license to access and use the Legacy Web site and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Legacy Web site provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Legacy Web site or Content, except with express written consent of Legacy. You understand that all third party Content posted on, transmitted through, or linked from the Legacy Web site, is the sole responsibility of the third party originator of such Content. Content is provided through the Legacy Web site AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Legacy be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that Legacy shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via the Legacy Web site, for any reason.

V.	Materials or Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, "Transmit" or "Transmitting" as appropriate) Content on or through the Legacy Web site, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Legacy Web site.  You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others' interests in such Content to Legacy as provided below.

You promise that you will not use the Legacy Web site to:

* Transmit any Content
  * not related to appropriate subject matters; 
  * which is misleading to others, including consumers;
  * that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  * that you do not have a right to post and transmit under any law or under contractual relationships; 
  * such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; 
  * and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or 
* intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act. 

By Transmitting Content to the Legacy Web site, you grant, and you represent and warrant that you have the right to grant, to Legacy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to 1) use, copy, edit, publicly perform, reproduce display, and distribute the Content, 2) to prepare derivative works of, or incorporate into other works, the Content, and to 3) grant and authorize sublicenses (through multiple tiers) of the foregoing.  Furthermore, by posting Content to any public area of the Legacy Web site, you grant Legacy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Legacy Web site by any party for any purpose.

You may not share you're My GrandShare user account with others.  You are responsible for all actions taken via your account.  Legacy will treat your use of the Legacy Web site in accordance with its Privacy Policy.
Legacy is committed to maintaining the privacy and security of any and all such information that you provide to Legacy through the Legacy Web site in accordance with its Privacy Policy.

VI.	General Terms

A.	Applicable Law 

This Terms of Use is governed by the laws of the State of Utah, U.S.A. without regard to conflicts of laws principles.  You hereby consent to the exclusive jurisdiction and venue of courts sitting in Utah, County of Salt Lake or Utah district courts in all disputes arising out of or relating to accessing or using of the Legacy Web site.  Access or use of the Legacy Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Legacy as a result of the Terms of Use or accessing or using the Legacy Web site.  Legacy's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Legacy's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Legacy Web site or information provided to or gathered by Legacy with respect to such use.

B.	Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.  Unless otherwise specified herein (or in any other definitive written agreement between you and Legacy), the Terms of Use constitutes the entire agreement between you and Legacy with respect to the Legacy Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Legacy with respect to the Legacy Web site.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

C.	Disclaimer of Warranties 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE LEGACY WEB SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS.  LEGACY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE LEGACY WEB SITE, SERVICES AND/OR CONTENT.  LEGACY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

D.	Indemnification 

YOU AGREE TO INDEMNIFY AND HOLD LEGACY, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE LEGACY WEB SITE AND/OR LEGACY AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

E.	Limitation of Liability 

IN NO EVENT SHALL LEGACY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LEGACY WEB SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE LEGACY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE LEGACY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LEGACY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEGACY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE LEGACY WEB SITE, AND ALL OTHER USE OF THE LEGACY WEB SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LEGACY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LEGACY WEB SITE.

F.	Copyright 

All materials on the Legacy Web site (as well as the organization and layout of the Legacy Web site) are owned and copyrighted or licensed by Legacy, its corporate affiliates or its third-party vendors. © Legacy Lodging, LLC 2007, all rights reserved.  No reproduction, distribution, or transmission of the copyrighted materials on the Legacy Web site is permitted without the written permission of Legacy.  Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Legacy's Designated Agent set forth below.  All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

G.Modifications to Terms of Use

Legacy reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use.  Your continued use of the Legacy Web site after the effective date of such changes will constitute acceptance of and agreement to any such changes.  Legacy may suspend or discontinue the Legacy Web site at any time to you and/or to others, without notice.

Legacy Lodging, LLC 
P.O. Box 445 
American Fork, UT. 84003
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