Real Estate Regulation Compliance and Notice Regarding Proposed Improvements

The affiliated and non-affiliated companies and organizations doing business under the trade name "Bison Homes" or otherwise are in varying stages of development and/or construction of the communities described in this, or linked from this, web site. Certain improvements described or depicted may be proposed only, and no warranty is given or implied that the improvements will be completed.  This web site , or links therefrom, contains artists' conceptions of improvements, some of which are proposed and not yet in existence.  This web site contains photos that are representative examples of units or other improvements built under the Bison Homes banner, but that may have no legal connection to the White Mountains Vacation Club. Before purchasing anything, you should visually inspect the community and residential unit for completion and suitability, and must receive a copy of the Public Report for the White Mountains Vacation Club issued by the Arizona Department of Real Estate.  If a Public Report has not yet been issued by the Arizona Department of Real Estate, only lot reservations or conditional sales contracts, as the case may be, will be taken until the Public Report has been issued. This material is being used for the purpose of soliciting sales of fractional ownership interests. This is not an offer to sell nor a solicitation of an offer to buy to residents of any state or jurisdiction where registration requirements have not been fulfilled.

Terms of Use

The content and information (“WMVC Information”) displayed on this White Mountains Vacation Club web site ("Site ") is the property of WMVC Associates, LLC ("WMVC") and/or other parties. The downloading, reproduction, or retransmission of WMVC Information, other than for non-commercial individual use, is strictly prohibited. Please feel free to browse the Site at any time; however, by browsing this Site, you are subject to the terms and conditions ("Terms and Conditions") of this Site. By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of this Site.

TERMS AND CONDITIONS

Use of Site
WMVC reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by WMVC and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by WMVC and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. WMVC neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with WMVC. WMVC's Internet sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of WMVC and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of WMVC and/or other parties is granted to or conferred upon you.

Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL WMVC, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, WMVC'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WMVC OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WMVC, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein, without the prior express consent from an authorized WMVC representative (such consent is deemed given for standard search engine technology employed by Internet search Web sites to direct Internet users to the Site).

The Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Site ("access codes"). The content contained in such restricted areas is confidential to WMVC, and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with the Site's operation or results in commercial benefits for other entities to our detriment. You have a unique password so that access to information can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. WMVC assumes no liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis if you suspect that knowledge of the password is no longer limited to those that you have authorized.

Submissions
Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be deemed the property of and may be used by WMVC, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, WMVC is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, producing, manufacturing, and marketing products and services using such information. Disclosure, postings, submission, or offer of any submissions to the Site shall constitute an assignment to WMVC of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. WMVC may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to WMVC or post on the Site and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission or posting. WMVC is and shall be under no obligation to: (1) maintain any of your or any user's submissions or postings in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user's submissions or postings.

Message Boards
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, notes, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of WMVC; and WMVC does not have any obligation to monitor, edit, or review any Postings on the Site. WMVC assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. WMVC will fully cooperate with any law enforcement authorities or court order requesting or directing WMVC to disclose the identity of anyone posting any such information or materials.

Registration as a User of the Message Boards implies that you accept that you will not post any material likely to cause offense, that is protected by copyright, trademark or other proprietary right (without the express permission of the owner of such copyright) or that contains personal phone numbers or addresses; that you will not use the Message Boards to post or transmit advertisements or commercial solicitations of any kind; and that WMVC or its agent has the right to edit, censor, delete or otherwise modify any posting. WMVC does not verify or guarantee the accuracy of the material posted to the Message Boards or bear any responsibility for any loss, damage, or other liabilities caused by any posting.

WMVC may, in its sole discretion, terminate your Message Board password, account (or any part thereof) or your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided, (iv) any violation of the terms and conditions of these Terms and Conditions or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, or (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site. You may terminate your Message Board membership hereunder upon thirty (30) days written notice by you to WMVC of your intent to terminate. Termination, suspension, or cancellation of your access rights shall not affect any right or relief to which WMVC may be entitled, at law or in equity. Upon termination of your Message Board membership, all rights granted to you will automatically terminate and immediately revert to WMVC and its licensors.

Disclaimer of Warranties
While WMVC uses reasonable efforts to include up to date information in the Site, WMVC makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, WMVC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WMVC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Technical Inaccuracies and Typographical Errors
WMVC Information may contain technical inaccuracies and typographical errors, including but not limited to, inaccuracies relating to pricing or availability. WMVC shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor information affected by such inaccuracies. WMVC reserves the right to make changes, corrections and/or improvements to WMVC Information, and to the products and programs described in such information, at any time without notice.

Availability of Products and Services
WMVC Internet sites contain information on WMVC's Arizona products and services, not all of which are available in every location. A reference to a WMVC product or service on a WMVC Internet site does not imply that such product or service is or will be available in your location.

Indemnification
You agree to indemnify, defend and hold WMVC and its parent, subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) arising out of or incurred by any breach by you of these Terms and Conditions. WMVC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WMVC's defense of such claim.

Non-WMVC Sites
If you choose to leave the Site via links to other non-WMVC sites, WMVC is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because WMVC has no control over such sites and resources, you acknowledge and agree that WMVC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

Governing Law
This is a United States Web site and is subject to United States law. WMVC will disclose any information regarding the use of this Site including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to WMVC guests, visitors, associates, or property (including this site), or to others.

PRIVACY POLICY
 

Introduction
WMVC respects our customers' and owners' concerns about privacy. We understand that visitors to this website may have questions about whether and how this website collects and uses information. We have prepared this statement (“Statement”) to inform you of the privacy principles that govern this website. This Statement contains various details about the steps we take to respect your privacy concerns.

Browsing
This website does not collect personally identifiable information from your computer when you browse this website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information.  When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request, and other information that is provided in the HTTP header.  We collect the HTTP request header information in order to make our website function correctly and provide you the functionality that you see on this website.  We also use this information to better understand how visitors use our website and how we can better tune it, its contents and functionality to meet your needs.

Information We Collect and Its Uses
When we need to collect personally identifiable information from you to execute the requested transaction or provide you with a particular service, we will ask you to voluntarily supply us with the information we need. For example, if you would like to make a reservation in one of our units, we will ask you for information such as name, address, telephone number and email address to process your reservation. We will use your email address to send a confirmation and, if necessary, might use the other information to contact you for help in processing. On occasion, we may use third parties to provide or confirm for us contact information about you given the information you provided to us directly.  We would then use this information for market analysis and marketing purposes. In addition, when you provide contact details for transaction requests such as scheduling an appointment or requesting information, we may use the contact information to keep you updated about future offers or promotions unless you opt-out by notifying us.

Creating an Account Profile
Owners of WMVC properties may be provided a personal account profile online within our password protected Members area.  Creating an account profile makes it more convenient for by eliminating the need to repeatedly enter personal contact or preference information. In addition, if you choose, you can perform certain functions within your account such as making maintenance payments via such Members' area. The security of this information is addressed in the security section below. You can access and review, update, or deactivate the information in your account profile information online.

We treat the information you provide to us as confidential information; it is, accordingly, subject to our company's security procedures and corporate policies regarding protection and use of confidential information. Because laws applicable to personal information vary by country, additional measures that vary depending on the applicable legal requirements may be put in place. Information is generally processed and stored in the United States.

Please note that WMVC most likely will never send you email requesting your user name, password, credit card number or social security number. If you receive an email that looks like it’s from WMVC, but asks you for your credit card number or social security number, it's possibly a fraudulent email, or "phish." We recommend that you do the following:

• Contact us by telephone to determine the validity of the request.
• If invalid, or you are unsure, forward the email to the Federal Trade Commission at spam@uce.gov or call 1-877-FTC-HELP (1-877-382-4357) to report it. The FTC uses the spam stored in this database to pursue law enforcement actions against people who send deceptive email.
• Delete the email.

• Change your password.
• Contact credit reporting services and have a fraud alert attached to your credit report file. Please be aware that the perpetrator may attempt to use your information to establish accounts or obtain credit at other businesses in their name.

Securing the Transmission and Storage of Information
We treat the information you provide to us as confidential information; it is, accordingly, subject to our company's security procedures and policies regarding protection and use of confidential information. When we ask you for credit card data, it is transferred over a Secured Sockets Layer (SSL) line, provided you are using a SSL enabled browser such as Microsoft Internet Explorer or Netscape Navigator. We also use SSL on other select pages where you would enter personally identifiable information. This ensures that your information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position.  In addition, when accessing a secure server, the first characters of the site address will change from "http" to "https".

After information reaches WMVC, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of WMVC.  Because laws applicable to personal information vary by country, our business operations may put in place additional measures that vary depending on the applicable legal requirements.  Information collected on this site and covered by this privacy statement is generally processed and stored in the United States.

Disclosure of Information to Third Parties
WMVC prohibits the sale or transfer of personal information to entities outside of the WMVC family of companies for their use without your approval and giving you the opportunity to opt-out. WMVC may share your personally identifiable information with affiliated companies that are directly or indirectly controlled by, or under common control of WMVC. WMVC may send personally identifiable information about you to non-affiliated companies that are not directly or indirectly controlled by, or under common control of, WMVC. when we have your consent to share the information; need to share your information to provide the product or service you have requested or we need to send the information to companies who work on behalf of WMVC to provide a product or service to you. These companies do not have any right to use the information we provide to them for any purpose beyond what is necessary to assist us.

Children's Privacy
This site is not intended for children and we do not knowingly solicit or collect personal information from children.

Cookies
We reserve the right to use “cookie” technology in connection with your use of this website. “Cookies” are encrypted strings of text that a Web site stores on a user's computer. Websites require the use of a cookie to keep information you enter on multiple pages together. Any such cookie is an WMVC cookie and it is a “session” cookie that expires when you close your browser. We also may use “persistent” cookies to measure usage of various pages on our website and to help us make our information more pertinent to your needs and easy for you to access. These persistent cookies are WMVC cookies and will remain on your computer unless deleted by you. We do not use cookies to ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with WMVC. You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so may adversely affect your ability to perform certain transactions, use certain functionality, and access certain content on our website.

E-Mail Newsletter
When you become a Member of the White Mountains Vacation Club, you will be asked to provide an e-mail address. As a Member of the White Mountains Vacation Club, you will likely receive news about our specials and our e-newsletter, which are tools to provide to you important Club information. If you decide you no longer wish to receive these communications, you can opt-out by sending an email to us at the general e-mail address shown on the contact page. Please be sure to send the e-mail from the address you wish to have deleted or if sending from a different email address, be sure to include the e-mail address you want us to delete.

Sweepstakes
On occasion, we conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has it own terms and conditions. As part of entering a sweepstakes certain personally identifiable information such as name and email address will generally be required. We may use this information to send future communications about specials and offers.

Other Sites
This website contains links to select third party sites that may be of interest to you (e.g., visitor information sites, attractions, etc.). WMVC is only responsible for the privacy statement and content of this website. We are not responsible for the privacy practices or the use of cookies on websites that you have accessed this website from and to the non-WMVC websites that you may access from this website.

Website Survey
You may be offered to participate in an online survey regarding the usefulness of this website. If you choose to participate, the information you provide will be used only by WMVC for research and analysis and is not personally identifiable to you unless specifically noted (and you voluntarily provide such personally identifiable information).

How to Contact Us

If you have any questions about the real estate regulatory matters, terms of use, or privacy concerns, please write us at:

White Mountains Vacation Club
Attention:  General Counsel
16641 N. 91^st Street, Suite 101
Scottsdale, Arizona 85260
 

This page was last updated on July 1 2008.