Terms of Use

Welcome. We are delighted to welcome you to the Stratton Web site, as hosted by Playground Destination Properties Inc. ("Playground"). Terms and conditions contained herein, including the information in the provisions and links below, constitute the terms upon which you may use this Web site (the "Terms of Use"). This Web site is offered to you, the user, on the condition that you accept without modification or exception the terms, conditions and notices contained in this Terms of Use.  Your use of this Web site constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you should not use or access this Web site.

Use Limitations. The purpose of this Web site is to provide you with information about Playground, its affiliates, and their services, products and properties. This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this Web site, except as expressly permitted in this Terms of Use. You may not use this Web site to engage in any unlawful activity or to infringe on the rights of Playground, its affiliates or others.

Changes in Web site. Playground reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of the Web site at any time, in its discretion, without notice.

Privacy Policy. Use of any information gathered from or about you through this Web site shall be governed by these Terms of Use and Intrawest ULC's Privacy Policy, to which this Terms of Use links below and which is incorporated by reference. Playground may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate its Web site; to protect the safety, rights or property of Playground, its affiliates, or users of its Web site; and as otherwise permitted under the Privacy Policy.

Monitoring use of the Web site. Playground reserves the right, without any obligation, to monitor your use of this Web site, without notice. You hereby waive any expectation of privacy in such information and activity. Playground reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to Playground, its affiliates, or to users, or that may violate the law.

No contract or offer. Except for your agreement to abide by the Terms of Use and your agreement to the Privacy Policy, use of this Web site does not create any contract or agreement between you and Playground, nor any obligation of Playground to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

Indemnity. You hereby agree to indemnify, defend and hold harmless Playground and its affiliates, and the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Playground and/or its affiliates, from any and all third


party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this Web site, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Playground, its affiliates or any person or entity.

Invalidity of Terms. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints, or Service Issues. If you have any questions, comments, complaints or service issues pertaining to this Web site, please contact info@playground.com

Termination of Access. You acknowledge that Playground may terminate your use of this Web site or your access to this Web site at any time, with or without cause.

Waiver. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Playground.

Equal Housing.  Playground is committed to Equal Housing Opportunity.

Entire Agreement: This Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to this Web site. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to this Web site.

The following provisions are incorporated by reference and are part of this Terms of Use. Please review each of them carefully before using our Web site:


GENERAL DISCLAIMERS

THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THIS WEB SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

PLAYGROUND DOES NOT WARRANT THAT THE WEB SITE'S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLAYGROUND AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THIS WEB SITE, INCLUDING ANY DEFECTS OR ERRORS CONTAINED THEREIN OR CAUSED THEREBY, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

NO REPRESENTATION OR WARRANTY IS MADE BY PLAYGROUND ABOUT THE ACCURACY, RELIABILITY OR SUITABILITY OF THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES/JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL PLAYGROUND OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THIS WEB SITE OR A DELAY OR INABILITY TO USE THE WEB SITE OR WEB SITES TO WHICH THIS WEB SITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF PLAYGROUND OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE WEB SITE AND ARE INCORPORATED HEREIN BY REFERENCE.


LINKING POLICY:

This Web site may from time to time contain links to other Internet Web sites. These links are provided for your convenience only. Playground is not responsible for the content, services, or products of or offered on Web sites that you may access through such links. Such links do not constitute endorsements by Playground of such Web sites, their content or any products or services made available thereon, or any association with their operators. Linking to the Playground Web site, and/or framing any portions of the Playground Web site without Playground's express written permission is prohibited.


DISPUTE RESOLUTION:

This Terms of Use shall be governed by the laws of the State of Colorado, without application of its conflicts of laws principles. Except for equitable relief, any and all disputes arising hereunder shall be submitted to binding arbitration in City & County of Denver, Colorado, in accordance with the rules of the American Arbitration Association and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall not commence until the party requesting it has deposited One Thousand and No/100 U.S. Dollars ($1,000.00) with the arbitrators as a retainer for the arbitrators' fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs, until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. In any action seeking equitable relief in connection with this Web site, you hereby consent to the exclusive jurisdiction of the state and federal courts located in City & County of Denver, Colorado.


COPYRIGHT AND TRADEMARK NOTICES

The copyright to this Web site, the design and appearance of this Web site, and all of the materials and content on this Web site, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are owned or licensed by Playground or its affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this Web site (except as permitted herein) without written permission of Playground is expressly prohibited. You may download and make one copy of the content and other downloadable items displayed on this Web site for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this Web site is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and to ensure their compliance thereto, and further agrees to hold Playground harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.

Copyright © Playground Destination Properties Inc. 2006. All rights reserved.


LAND SALES DISCLAIMERS:

The property described herein, and the online information source, are situated within the State of Vermont. This posting is provided solely for informational purposes. All information is subject to change without notice and information you deem important may be omitted. Refer to sales contract and related offering documents and applicable homeowners' association materials for important information about the property.

This informational posting is not intended to be an offering to sell any real property to residents in any jurisdiction where prior registration is required, and further information will not be provided to such residents.  VOID WHERE PROHIBITED BY LAW.

For all prospective purchasers of real property being sold by Playground, ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THE PROSPECTUS AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS.

To the extent applicable, obtain the property report required by either federal law or state law and read it before signing anything.

No federal agency or state agency has judged the merits or value, if any, of any of the properties listed on this Web site.

THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED OR QUALIFIED THIS OFFERING.

IF THIS PROPERTY IS NOT REGISTERED WITH THE NEW JERSEY REAL ESTATE COMMISSION AND IS NOT EXEMPT, THE PROPERTY OR INTERESTS ARE NOT AN OFFER TO RESIDENTS OF NEW JERSEY.


EQUAL HOUSING OPPORTUNITY:

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.


STATUS OF REAL PROPERTY:

Prices, plans, dimensions, specifications, materials and availability in any real property described on this Web site are subject to change without notice or obligation. Playground does not guarantee the obligations of unaffiliated builders who may build and sell homes in its communities.

All maps and drawings are artist's renderings for information purposes and are subject to change without notice. Illustrations are artist's depictions only and may differ from completed improvements. Certain amenities may not be complete and completion is neither warranted nor guaranteed.


SECURITIES DISCLAIMERS AND FORWARD LOOKING STATEMENTS:

The materials and information contained on this Web site do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in Intrawest ULC or any of its affiliates. Furthermore, this Web site may contain information and press releases about and by Playground or its affiliates. Although this information was believed to be accurate as of the date prepared by Playground or its affiliates, Playground and its affiliates disclaim any duty or obligation to update such information. To the extent that any information is deemed to be a 'forward looking statement' as defined in the Private Securities Litigation Reform Act of 1995, such information is intended to fit within the 'safe harbor' provided therein. Such forward looking statements are subject to material risk factors, which may or may not be disclosed herein. Forward looking statements are not guarantees of performance. You are cautioned not to place undue reliance on forward looking statements, which speak only as of the date made. This Web site is not intended to make any investment representations about Playground or its affiliates and should not be viewed as such.

COOPERATING BROKER PARTICIPATION:

Broker participation is welcome and encouraged by Playground.  Playground will honor any agreements it may enter into with outside brokers that are in writing signed by a duly authorized broker or representative of Playground using the forms, which are available from Playground.  Nothing contained herein shall constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers. No one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized broker or representative of Playground. Inquire about our programs for cooperating brokers by contacting Steve Coombs at 802-297-4010.

BROKER INFORMATION

Playground Destination Properties Inc.

RR1, Box 145

 

Stratton, VT

 

05155  USA