TERMS OF USE AND NOTICE AGREEMENT
This WWW.HOTELDELREALTY.COM,
Materials and Services comprised of various resort Web sites, Web pages and Web
Services (collectively 'KSL Resort Sites') is owned and operated by KSL Resorts
and its affiliates (collectively referred hereinafter as 'KSL Resorts', 'We' or
'KSL Resorts and its affiliates').
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS
OR SERVICES THROUGH KSL RESORT SITE. BY ACCESSING KSL RESORT SITE, YOU AGREE TO
ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS
OF USE. By viewing, using, transmitting, caching, storing and/or otherwise
utilizing the KSL Resort Sites, the service and functions offered in or by the
KSL Resort Sites and/or the contents of the KSL Resort Sites in any way, you
have agreed to each and every term and condition set forth herein and waive any
and all rights to claim any ambiguity or error in this Agreement or the KSL
Resort Sites. If you do not accept these Terms and Conditions of Use,
please exit KSL Resort Site immediately .
Additionally, the KSL Resort Sites may themselves contain different terms,
conditions or service, including without limitation, features offering
promotions or contests. If there are other terms, provisions or conditions
which conflict with the terms and conditions set forth herein, then the terms
and conditions of this Agreement shall control unless the agreement including
such conflicting terms or provisions is executed by KSL and specifically refers
to these terms. While these terms describe the information and content that may
be collected by the KSL Sites, the specific policies governing the
transmission, storage and use of such information is provided in the
KSL Privacy Policy
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Restrictions on Use. Material and Services from websites operated by KSL
Resorts are intended for your personal and non-commercial use. As a condition
to your use of the KSL Resort Sites, you represent that you or the entity you
are representing can form legally binding contracts under the laws of your
country. If you are a minor or not capable of entering into a legal contract,
please exist KSL Resort Sites immediately. Click Out The KSL Resort Sites are
available for you to make purchases and reservations for certain goods and
services presented (more information is provided below). To facilitate your use
of the KSL Resort Sites, you may be able to use usernames, passwords or similar
codes to allow you access to restricted areas of a particular website. You are
responsible for the security of you accounts and for any financial transaction
which you enter into. Materials may not be copied, distributed, reproduced,
revise engineer, or republished, uploaded, posted, or transmitted in any way,
without the prior written consent of KSL Resorts. The use of such Materials on
any other website, Internet, extranet or other site or computer environment is
strictly prohibited, without KSL Resorts prior written permission.
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Contest Rules. All contests sponsored on the KSL Resort Sites conform with
applicable local, state, and/or federal laws and will be subject to any
additional terms or conditions that are provided at the time that you enter
such contest. When you enter a promotion, sweepstakes, or contest hosted by KSL
Resort Sites or sponsored by KSL Resort Site and/or our affiliates, we ask for
your name, address, and email address. You may be asked to provide additional
information or to answer certain questions, some of which may be optional, in
order to participate. We may contact you in connection with a particular
promotion, such as a sweepstakes or contest, in order to update you of your
status, administer the promotion, let you know that a promotion has ended, and
for other purposes.
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Information Sharing and Disclosure Practices Promotions that are hosted on KSL
Resort Sites may be sponsored by KSL Resort Sites, may be co-sponsored by KSL
Resort Sites and another company, or may be sponsored by companies other than
KSL Resort Sites. Some or all of the data collected during a promotion may be
shared with the sponsor(s) or companies indicated on the entry form. If data
will be shared, then there will be notice prior to the time of data collection
or transfer. When you participate in a KSL Resort Sites-sponsored or hosted
promotion, you are subject the Official Rules of that promotion. For a complete
disclosure of our data collection and sharing practices, please click
here
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Products and Services. KSL provides certain goods and services. The following
terms shall apply to each good/service respectively:
Room Reservations.
If you elect to make a room reservation through our web sites and do not have
an established user profile, you will need to furnish your name, telephone
number, e-mail address, billing address and credit card type, number and
expiration date, in addition to the dates of your stay, the number of rooms you
will require and the number of adults and children in your party. In order to
permit us to serve you better, you may also submit information that may relate
to discounts, membership rewards, or other special considerations that may
impact the price or availability of the rooms being offered. KSL will accept
such request by sending an email confirming your reservation, including check
in and check out dates. KSL will reserve a deposit on your credit card equal to
the cost of two days' stay (or one day in the case of a single night
reservation). Your credit card will not be charged for such deposit in the
event that you notify KSL (either by phone or through the website) of your
intent to cancel at least 7 days in advance of such reservation. Thereafter,
KSL will charge the full amount of such deposit to the credit card provided.
Group/Meeting Planning.
KSL offers a number of opportunities to host groups and meetings or conventions
of all types. Meeting Planners that are interested in receiving information
concerning rates and availability at a particular KSL property can do so by
completing an online request with your e-mail address. A KSL representative
will contact you shortly.
Purchasing Products.
KSL may from time to time offer products that may be purchased on the KSL
Resorts Sites. In such an event, you will need to furnish your name, telephone
number, e-mail address, billing address and credit card type, number and
expiration date as well as the address to which the product(s) will be shipped.
KSL will confirm acceptance of your offer by sending you a notice to the e-mail
address provided. This may also include the shipping or other tracking number
provided by a third party shipping provider.
Third Party Products or Services.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the KSL Resort Sites, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that KSL shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
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Use of Interactive Areas. This website may contain "Interactive Areas,"
including chat rooms, bulletin boards, or other message and communications
features to which you agree to post only messages or other information that are
proper, lawful, and related to the particular Interactive Area. In addition,
but without limitation, you may not post, email, transmit, or otherwise make
available any content that:
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Generates provisional reservations or reservations intended to create demand:
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Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
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Encourages criminal activity;
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Is harmful to children or minors;
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Infringes another's rights to intellectual property, publicity, or privacy;
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Contains advertisements, promotions, or commercial solicitations;
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Intentionally or unintentionally violates any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Treasury Department's list of Specially Designated Nationals or anyone
subject to the same or similar restrictions even if not listed on the US
Commerce Department's Tables of Deny Orders;
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Contains information intended to assist in the placement of a bet or wager; or
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Contains viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
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Contains information that is untrue, inaccurate, not current or incomplete, or
KSL Resorts has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete
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Is provided with the intent to annoy, abuse, threaten, or harass any other
person
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In the event that KSL Resorts has reason to believe that you have posted,
emailed, transmitted or otherwise made available any of the restricted content
described above, KSL Resorts reserves the unrestricted right to suspend or
terminate your account and refuse any and all current or future uses of the
Service (or any portion thereof). KSL Resorts and its affiliates also reserve
the right to refuse service, terminate accounts, remove or edit content or
cancel your pending orders in our sole and absolute discretion.
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Submissions to Interactive Areas. You acknowledge that all Interactive Areas
are public and not private communications; therefore, any information or
content you post to an Interactive Area may be read by others. KSL Resorts does
not endorse or control the content, messages or information found in any
Interactive Area and, therefore, KSL© Resorts specifically disclaims any
liability with regard to the Interactive Areas and any actions resulting from
your participation in them.
KSL Resorts and its affiliates may prohibit you from participating in or
utilizing the Site if in our sole and absolute discretion you show a disregard
for this Agreement. You acknowledge and agree that KSL Resort Sites may
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce this Agreement (c)
respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of KSL Resort Sites, its users
and the public.
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Limits on Liability. KSL© Resorts will not be liable for:
The contents of any communication, message, or information posted by you or
other third parties;
The content of any website not controlled, owned, or operated by KSL© Resorts
that is accessed from or linked to this website; The content, services or
information provided by any website purporting to be operated by KSL© Resorts
or its affiliates, but not actually affiliated with, controlled, owned, or
operated by KSL Resorts;
Any damages or injury caused by, including but not limited to, any failure of
performance, error, omission, interruption, defect, delay in operation of
transmission, computer virus, or line failure; and
Any direct, indirect, incidental, special, or consequential damages arising out
of or relating to use of or inability to use this website, even if KSL Resorts
has been advised of the possibility of such damages. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. If you are dissatisfied
with any portion of this website, or with any of these Terms of Use, your sole
and exclusive remedy is to discontinue using this website.
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Indemnification. You agree to indemnify and hold KSL Resort Sites, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of this Agreement, or your
violation of any rights of another.
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Disclaimer of Warranties. The information, material, services, and products
included on this website may include inaccuracies or typographical errors. KSL
Resorts may make changes or improvements to this site at any time.
THE CONTENT, SERVICES AND MATERIALS IN THE KSL RESORT SITES ARE PROVIDED "AS
IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND EITHER EXPRESS, IMPLIED OR STATUTORY. KSL RESORTS AND ITS AFFILIATES DO
NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE
ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR
MATERIALS IN THE KSL RESORT SITES OR ANY KSL RESORT SITES LINKED TO IT. TO THE
MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KSL RESORTS AND ITS
AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY,
SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KSL RESORTS AND ITS AFFILIATES
DO NOT WARRANT THAT THE KSL RESORT SITES OR THE SERVICES, CONTENT, MATERIALS OR
FUNCTIONS CONTAINED IN THE KSL RESORT SITES WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KSL
RESORT SITES, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE KSL
RESORT SITES OR SUCH SERVICES, CONTENT AND MATERIALSAVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. KSL RESORTS
AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR
PRODUCTS AVAILABLE THROUGH THE KSL RESORT SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event KSL Resorts and its affiliates are held liable for any damages
related to such matters, your sole and exclusive remedy will be limited to
reimbursement for services or products paid by you to the entity. KSL Resorts
and its affiliates explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to or from The
KSL RESORT SITES. KSL Resorts and its affiliates cannot ensure that you will be
satisfied with any products or services that you purchase from The KSL RESORT
SITES or from a third-party site that links to or from The KSL RESORT SITES or
third party content on The KSL RESORT SITES. KSL Resorts and its affiliates do
not endorse any of the merchandise, nor have KSL Resorts and its affiliates
taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content.
KSL Resorts and its affiliates do not make any representations or warranties as
to the security of any information (including, without limitation, credit card
and other personal information) you might be requested to give any third party,
and you hereby irrevocably waive any claim against the KSL Resorts and its
affiliates with respect to such sites and third party content. KSL Resorts and
its affiliates strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties. The KSL Resorts and its affiliates
are not responsible for telephone, electric, electronic, network, Internet,
computer, hardware or software program malfunctions, failures, delays or
difficulties, or late, lost, stolen, illegible, incomplete, garbled,
misdirected, mutilated or postage due mail, e-mail, form postings, connections,
messages or entries, or the security of any and all such matters.
Further, the KSL Resorts and its affiliates are not responsible for incorrect
or inaccurate entry information, whether caused by Internet users or by any of
the equipment or programming associated with or utilized in The KSL RESORT
SITES or by any technical or human error which may occur in the processing of
any information related to The KSL RESORT SITES.
If for any reason any portion of The KSL RESORT SITES is not capable of running
as planned, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes
beyond the reasonable control of KSL Resort Sites which corrupt or affect the
administration, security, fairness, integrity, or proper conduct of The KSL
RESORT SITES, KSL Resorts and its affiliates reserve the right (but not the
obligation) in our sole and absolute discretion, to prohibit you from using The
KSL RESORT SITES, and to cancel, terminate, modify or suspend The KSL RESORT
SITES or any portion thereof.
You also agree that the KSL Resorts and its affiliates are not responsible or
liable in any way for injury, loss or damage to your computer or interception
or use of credit card information, related to or resulting from use of The KSL
RESORT SITES or any sites, services or materials linked or related thereto or
there from and also are not responsible or liable in any way for any injury,
loss, claim or damage relating to or resulting from any part of The KSL RESORT
SITES operating or not operating on computers or networks used by you or
communicating with such computers or networks.
Although KSL Resorts and its affiliates intend that product descriptions
contained in The KSL Resort Sites be current and accurate, KSL Resorts and its
affiliates make no warranty or representation that descriptions of products in
The KSL Resort Sites are accurate, complete, current, or reliable in any or all
respects. In the event that a product described in The KSL Resort Sites is not
as described, your sole remedy is to return it in unused condition in
accordance with the suppliers' return policy. ELECTRONIC COMMUNICATIONS PRIVACY
ACT NOTICE (18 U.S.C. 2701-2711): KSL RESORTS AND ITS AFFILIATES MAKE NO
GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION
TRANSMITTED ON THE KSL RESORT SITES OR ANY KSL RESORTS AND ITS AFFILIATES SITE
LINKED TO THE KSL RESORT SITES. KSL RESORTS AND ITS AFFILIATES WILL NOT BE
LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND
IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR
TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE KSL RESORT SITES, OR OTHERWISE CONNECTED WITH YOUR USE OF THE
KSL RESORT SITES.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY
OF THE KSL RESORTS AND ITS AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND
USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. KSL RESORTS AND ITS
AFFILIATES RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT
NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE KSL RESORT
SITES, OR TO DENY ACCESS TO THE KSL RESORT SITES TO ANYONE AT ANY TIME. NEITHER
KSL RESORTS AND ITS AFFILIATES NOR ANY OF THE KSL RESORTS AND ITS AFFILIATES,
SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION
PROVIDED ON THE KSL RESORT SITES.
USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE
AREA, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING
RESTS EXCLUSIVELY WITH YOU.
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Jurisdiction. This Agreement shall be governed by the laws of the State of
California applicable to contracts entered into and performed exclusively in
that State. Any court of competent jurisdiction sitting within Riverside
County, California will be the exclusive jurisdiction and venue for any dispute
arising out of or relating to this Agreement. This site is owned and operated
by KSL Resorts from the State of California, United States of America. KSL
Resorts and its affiliates make no representation that materials in this site
are appropriate or available for use in other locations. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
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Termination. In addition and without prejudice to any other legal or equitable
remedies available to KSL Resorts, KSL Resorts may terminate this agreement at
any time and for any reason or no reason at its sole and absolute discretion.
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Intellectual Property. The content included on The KSL Resort Sites, including
but not limited to text, software, photographs, graphics, illustrations and
artwork, video, music and sound, and names, logos, trademarks and service
marks, are the property of KSL Resorts or its licensors or suppliers as are
protected by copyright, trademark and other laws. You agree not to modify,
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast,
circulate or otherwise create a hyperlink to any such material for any purpose
other than as specifically provided herein or otherwise approved by KSL in
writing (or legitimate activities of a travel agent or travel professional).
This includes, without limitation, any attempt to modify the appearance or
otherwise obscuring content on the KSL Resort Sites with any third party pop-up
advertising or other commercial communications. More specifically, you are
restricted from using any KSL Resort trademarks, trade names or other
designations (including URLs) in connection with the creation, delivery or
triggering of any unauthorized advertisements or promotions that may be
construed as establishing an affiliation between the KSL Resorts and such third
party advertising and/or promotions. Any hyperlinks that link to any content on
the KSL Sites other than the respective home pages of such sites is
specifically restricted. This includes deep linking, framing, or other forms of
connection that have not been approved by KSL.
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COPYRIGHTS and COPYRIGHT AGENTS. KSL respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide KSL's
Copyright Agent the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright or
other intellectual property interest; a description of the copyrighted work or
other intellectual property that you claim has been infringed; a description of
where the material that you claim is infringing is located on the site; your
address, telephone number, and email address; a statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf. KSL's Agent for Notice of
claims of copyright or other intellectual property infringement can be reached
as follows:
Monica E. Amboss
Senior Contracts Attorney
KSL Resorts
Phone: (760) 564-8000
Facsimile: (760) 564-8003
E-mail: mamboss@kslresorts.com
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Miscellaneous. This agreement constitutes the entire agreement between the
parties concerning your use of the KSL Resort Sites, and supersedes all prior
written or oral agreements or communications with respect to the subject matter
herein. Sections 4, 5, 6, 7, 8 and 10 of this Agreement shall survive any
termination or cancellation of this Agreement. If any term of this Agreement is
declared unlawful, void or for any reason unenforceable by any court, then such
term will be deemed severable from the remaining terms and will not affect the
validity and enforceability of such remaining terms. The section headings in
this Agreement are for convenience only and must not be given any legal import.
A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial proceedings or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. If you have any questions concerning this site or
its policies, please contact us via e-mail at
webmaster@kslresorts.com . © 2008 KSL Resorts. All Rights Reserved.
Information subject to change without notice.
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