AGREEMENT BETWEEN USER AND Park Sands Beach Resort – Parksville, British Columbia, Canada

The Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site is comprised of various Web pages operated by Park Sands Beach Resort – Parksville, British Columbia, Canada.

The Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Park Sands Beach Resort – Parksville, British Columbia, Canada reserves the right to change the terms, conditions, and notices under which the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site is offered, including but not limited to the charges associated with the use of the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site.

LINKS TO THIRD PARTY SITES

The Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not
under the control of Park Sands Beach Resort – Parksville, British Columbia, Canada and Park Sands Beach Resort – Parksville, British Columbia, Canada is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Park Sands Beach Resort – Parksville, British Columbia, Canada is not responsible for webcasting or any other form of transmission received from any Linked Site. Park Sands Beach Resort – Parksville, British Columbia, Canada is providing these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Park Sands Beach Resort – Parksville, British Columbia, Canada of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site, you warrant to Park Sands Beach Resort – Parksville, British Columbia, Canada that you will not use the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site in any manner which could damage, disable, overburden, or impair the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site or interfere with any other party’s use and enjoyment of the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Park Sands Beach Resort – Parksville, British Columbia, Canada Web
Sites.

USE OF COMMUNICATION SERVICES

The Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group
(collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
    (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane,
    defamatory, infringing, obscene, indecent or unlawful topic, name, material or
    information.
  • Upload files that contain software or other material protected by intellectual
    property laws (or by rights of privacy of publicity) unless you own or control
    the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar
    software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business
    purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you
    know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or
    proprietary designations or labels of the origin or source of software or other
    material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication
    Services.
  • Violate any code of conduct or other guidelines which may be applicable for any
    particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail
    addresses, without their consent.
  • Violate any applicable laws or regulations.

Park Sands Beach Resort – Parksville, British Columbia, Canada has no obligation to monitor the Communication Services.

However, Park Sands Beach Resort – Parksville, British Columbia, Canada reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Park Sands Beach Resort – Parksville, British Columbia, Canada reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.

Park Sands Beach Resort – Parksville, British Columbia, Canada reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Park Sands Beach Resort – Parksville, British Columbia, Canada’s sole
discretion.

Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
Park Sands Beach Resort – Parksville, British Columbia, Canada does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
Park Sands Beach Resort – Parksville, British Columbia, Canada specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Park Sands Beach Resort – Parksville, British Columbia, Canada
spokespersons, and their views do not necessarily reflect those of
Park Sands Beach Resort – Parksville, British Columbia, Canada.

Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Park Sands Beach Resort – Parksville, British Columbia, Canada OR POSTED AT ANY Park Sands Beach Resort – Parksville, British Columbia, Canada WEB
SITE

Park Sands Beach Resort – Parksville, British Columbia, Canada does not claim ownership of the materials you provide to
Park Sands Beach Resort – Parksville, British Columbia, Canada (including feedback and suggestions) or post, upload, input
or submit to any Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site or its associated services
(collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Park Sands Beach Resort – Parksville, British Columbia, Canada, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as
provided herein. Park Sands Beach Resort – Parksville, British Columbia, Canada is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Park Sands Beach Resort – Parksville, British Columbia, Canada’s sole discretion.

By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Park Sands Beach Resort – Parksville, British Columbia, Canada AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Park Sands Beach Resort – Parksville, British Columbia, Canada AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Park Sands Beach Resort – Parksville, British Columbia, Canada AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Park Sands Beach Resort – Parksville, British Columbia, Canada AND/OR ITS SUPPLIERS 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
Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Park Sands Beach Resort – Parksville, British Columbia, Canada OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Park Sands Beach Resort – Parksville, British Columbia, Canada WEB SITE.

TERMINATION/ACCESS RESTRICTION

Park Sands Beach Resort – Parksville, British Columbia, Canada reserves the right, in its sole discretion, to terminate your
access to the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site. Use of the
Park Sands Beach Resort – Parksville, British Columbia, Canada 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 Park Sands Beach Resort – Parksville, British Columbia, Canada as
a result of this agreement or use of Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site.
Park Sands Beach Resort – Parksville, British Columbia, Canada’s performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
Park Sands Beach Resort – Parksville, British Columbia, Canada’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site or information provided to or gathered by
Park Sands Beach Resort – Parksville, British Columbia, Canada with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, 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 agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Park Sands Beach Resort – Parksville, British Columbia, Canada with
respect to the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Park Sands Beach Resort – Parksville, British Columbia, Canada with respect to the
Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Park Sands Beach Resort – Parksville, British Columbia, Canada Web Site are:
Copyright 2009 by Park Sands Beach Resort and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.

The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.

Any rights not expressly granted herein are
reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.