READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
By accessing this Website, you agree to hold the Company and its affiliates harmless against any claims for damages arising from any decisions that you make based on such information (see Disclaimer– No Warranties). The following terms apply if applicable to the transaction, if any, that you enter into with the Company.
This Website provides you information and subscription access to gather travel information, determine the availability of travel-related goods and services, make legitimate reservations, and for no other purpose.
DISCLAIMER– NO WARRANTIES
WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, OUR AFFILIATES OR OWNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BY USING THE WEBSITE YOU AGREE THAT IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY OTHER THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY WEBSITE OF A MEMBER OF THE RESORT RENTAL GROUP, BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITONAL RIGHTS.
Users agree to be responsible for and to abide by all laws, rules, and regulations applicable to the use of the Website. Users further agree to be responsible for the use of any tool, service, or product offered on the Website as well as any transaction entered into on the Website.
Limitation of Liability & Indemnification
We are an online marketplace and service provider, not a real estate broker, agent, or rental company. We expressly disclaim all liability for any User or Vendor misrepresentations.
RIGHTS AND LICENSES IN THE WEBSITE
Modification or Use of any material from this Website or use for any other purpose is a violation of our copyright and other proprietary rights. Use of any such material from this Website, including aggregating information from the Website for distribution on any other Website. Under no circumstances shall We or any affiliated company be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the materials in this Website, even if you or your authorized representative has been advised of the possibility of such damages. You agree that, in addition to all remedies we may have, we have the right to seek a temporary or permanent injunction on an ex parte motion to the court to stop or prevent further violations of this restriction and agree that the court may enter such a decision against you.
License not expressly granted herein are reserved. If the Company determines the use of the Website is commercial use, you agree and understand that you will not be entitled to a refund.
All content is protected under the copyright and intellectual property laws of the United States and other countries.
Copyrights are held by their respective owners. All the text, graphics, audio, design, software and other works are the copyrighted works of the Company. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Travel and leisure brands may be referenced on this Website; however, the Company is neither affiliated with, nor the owner of any trademarks or other marketing information used to identify these brands. Such marks are only used to assist Users in correctly identifying the goods and services being advertised and such use is solely for the purpose of preventing confusion between the different travel and leisure brands.
All content is protected under the copyright and intellectual property laws of the United States and other countries.
The Company provides a searchable marketplace where you can research and identify products and services that Vendors have offered. You agree not to take any action towards your travel plans until you have received booking confirmation.
Although the Website may include listings for certain well-known brands in the travel and leisure industry, we do not specifically endorse any parties, other than the Company, that are offering, selling, or renting travel-related products, or providing services advertised on this Website (“Vendor,” or “Vendors”). In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. We urge all Users to be responsible about their use of this Website. The Company does not own or manage, nor can we contract for, any property, venue or travel-related product or service listed on the Website.
Once a booking is made, we act solely as an intermediary between you and the Vendor. We transmit the relevant details of your booking to the relevant Vendor(s), and send you a confirmation email. The Company does not (re)sell, rent, or offer any travel-related product or service. Confirmation of details is the sole responsibility of the User. The Company is not responsible for the accuracy of Vendors’ advertisements or listings and information related thereto. We assume no responsibility for the condition of any goods or services advertised. It is the sole responsibility of the Consumer to validate the information given. We expressly disclaim any liability or responsibility for the success of any transaction you have with any Vendor.
TRAVEL INTERUPTIONS and RISKS
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
BY ADVERTISING AND/OR FACILITATING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK. WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES ACCEPT NO RESPONSIBILITIES FOR ANY DAMAGE AND/OR DELAY DUE TO OWNER CANCELLATIONS, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND OUR CONTROL. NO RESPONSIIBLITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENTAL AUTHORITY. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER’S BREACH OF ANY WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, LOCAL, OR PROVINCIAL LAW.
LIMITATION OF LIABILITY
Except for damages arising from User’s breach of these Terms, in no event will either party, or any affiliate of the Company be liable to the other for any punitive, incidental, or consequential damages in any action arising from or related to the Terms or the Agreement, whether based in contract, tort (including negligence), intentional conduct, or otherwise, including without limitation, damages relating to the loss of profits, income, or goodwill, regardless of whether such party has been advised of the possibility of such damages. To the extent that the applicable law does not allow the limitation of liability or incidental or consequential damages, the above limitation may not apply.
ASSIGNMENT; COMPLIANCE WITH LAWS; ENTIRE AGREEMENT
These Terms shall inure to the benefit of, and be binding upon User and the Company (including the Company’s successor and assigns). The Company may assign its obligations to any person or entity, including any affiliate. Each party agrees to comply with all laws applicable to these Terms. These Terms and the Agreement constitutes the entire understanding of the parties and supersedes all prior discussion, negotiations, agreement and understanding, whether oral or written, with respect to the subject matter. Any agreement entered into between the parties may be amended only by written instrument signed by both parties.
By using the electronic signature feature of this Website, you and all other entities on whose behalf you are acting have chosen to electronically sign all agreements. Your electronic signature shall have the same legal effect as a written signature and by using an electronic signature, you are deemed to have read every record and document before electronically signing the same. If you do not understand any record or document, then you agree to communicate directly with an appropriate representative of the Company concerning your understanding prior to your use, or continued use of an electronic signature. Additionally, you authorize the reproduction of your electronic signature on any form required or requested to facilitate the services association with the Website.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at Our sole discretion.
User verification on the Internet is difficult and We cannot, and do not assume any responsibility for, the confirmation of each User’s purported identity. We encourage you to communicate any concerns you have through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating or researching.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may provide Users access to post reviews, comments, photos, and other content; send offers and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. The Company reserves the right (but does not assume the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless We indicate otherwise, you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from the Website are made between you and the Vendor. This means that the risk of loss and title for such items are between you and the Vendor.
The Company assists Users in finding and making reservations for travel and leisure services provided by third party companies and brands. Customers can make reservations either by using the Website or by calling its live operators who staff toll-free telephone centers.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered on the Website itself is not as described, the Customer’s sole remedy is to seek redress with the Vendor directly.
We reserve the right to refuse hypertext links to, or addresses of, other websites from Vendors’ pages, and to remove links or web addresses without notice at Our sole discretion. Further, We reserve the right to charge for hypertext links at any time.
No refunds will be issued to a Customer after a Customer makes a reservation through the Company.
PRICING; INSPECTION PRIVILEGE PRICE; PRICE MARGIN
Except where noted otherwise, the price (“Rate”) displayed for products on Our Website represents the retail price advertised and is provided by the Vendor. The words “Rent” and/or “Rental” is used to describe the service of the “Inspection Privilege” and not the literal denotation. The Rate is individually authorized by the Vendor and may or may not represent the prevailing price in every area on any particular day. Any reference to “Price Margin” made on the Website is used to describe certain services and not accommodations. We cannot confirm the Rate of every item on the Website. Despite Our efforts, some of the items in Our postings may be mispriced.
MEMBERSHIP PAYMENT, REFUND REQUESTS, AND TERMINATION OF MEMBERSHIP
Payment for membership to the Website must be made to us in U.S. Dollars paid either by major credit or debit card, or when automation is available, an ACH check drawn on a U.S. bank.
Generally, no refunds are available unless a User qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support and include your customer number and reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
LIMITATIONS ON COMMUNICATION
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Website User, even a User with whom you have prior dealings, to your mailing list (email or physical mail) without the User’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content owners as described under the Copyright Notice contained herein, and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this Website is the property of the Company or its software owners and protected by United States and international copyright laws.
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Company identifiers on the Website, including graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this Website are the property of their respective Owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
One or more patents owned by the Company and/or its affiliated companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents.
LICENSE AND WEBSITE ACCESS
The Company grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company and the Company may prevent access to the Website by you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without the Company’s express written permission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website, including the ID number, if applicable;
- Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
Timeshare-Resale-Rental Legal Department
8545 Commodity Circle, Suite 130
Orlando, FL 32819
e-mail: [email protected]
AUTHORIZATION GRANTED TO THE COMPANY
By submitting any communication to this Website you are fully and irrevocably authorizing this Website and any of its affiliated entities to publish or use the communication in whole or in part in any manner, to publish through any medium and through any media type known or hereafter devised, and to communicate with you via your email provided.
Further, you represent that you own or have the necessary rights without the required authorization from, or payment to, any other person or entity to own, and convey the information contained in the communication. You acknowledge that you will not be compensated or provided other consideration for any use of the communication, and you acknowledge that you have no expectation to be compensated or provided any compensation for any use of the communication.
SITE POLICIES, MODIFICATION, AND SEVERABILITY