You acknowledge and agree that VacationCluster.com reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered and the services, features, links, content, information and any other materials offered via the Site at any time and from time to time without notice or further obligation to you. By continuing to access or use the Site after VacationCluster.com makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.
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The Site may contain links to third-party websites or resources. You acknowledge and agree that VacationCluster.com is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by VacationCluster.com thereof or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
Your access to and use of the Site is at your own risk. VacationCluster.com will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VACATIONCLUSTER.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VACATIONCLUSTER.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT VACATIONCLUSTER.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, VACATIONCLUSTER.COM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF VACATIONCLUSTER.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO VACATIONCLUSTER.COM FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VACATIONCLUSTER.COM AND YOU.
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