VacationSource User Agreement

1. Introduction

This Web site is maintained by VacationSource, a d/b/a of Worldwide Vacation & Travel, Inc., a Florida corporation with its principal place of business at 9995 S.W. 88th Street, Miami, Florida 33176 for your personal information, entertainment, and enjoyment. Please feel free to browse, plan vacations, and otherwise use the site. At the same time, please remember that your access to and use of the VacationSource site is subject to the following terms, conditions, and notices (the "Terms"), as well as all applicable laws. VacationSource reserves the right, without notice and for any reason, to modify the Terms, or otherwise modify or remove any content on this site, including offers, benefits and services made available to users by updating this posting and, therefore, you should visit this page to review these Terms from time to time. Your continued participation in the use of VacationSource following the date of the posting will indicate your acceptance of any such changes. If any modification is unacceptable to you, your only recourse is discontinue use of this site and to notify us that you wish for us to delete your user profile. VacationSource reserves the right to deny access to or use of all or any part of this site to any person or persons.

Worldwide Vacation & Travel. Inc. is registered as a State of Florida Seller of Travel, Registration Number 10224; a State of Washington Seller of Travel, Registration Number 601 765 244; a State of Nevada Seller of Travel, Registration Number 2003-0412; and a State of California Seller of Travel, Registration Number 2030985-50 (Registration as a Seller of Travel in California does not constitute approval by the State of California). California law requires certain Sellers of Travel to have a trust account or bond. WVT has a bond issued by RLI Insurance Company in the amount of $50,000. WVT does not participate in the Travel Consumer Restitution Fund.

2. Content Use

Access to and use of registered user-only, password-protected areas of the VacationSource site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the VacationSource site may be subject to prosecution. The VacationSource site and its contents, including the images of people or places displayed on the VacationSource site, are the sole and exclusive property of VacationSource or its licensor(s).  

Anything you download, including the information and any images incorporated in the site, is licensed to you by VacationSource for your personal, noncommercial use only. You may not download, distribute, modify, transmit, use, or reuse any of the site's contents for any public or commercial purpose, without the prior written consent of VacationSource. In addition, whether or not you have a commercial purpose, you agree not to:

• use the VacationSource site for the making of any speculative, false or fraudulent reservation or any reservation in anticipation of future demand;
• access, monitor or copy any content or information of the VacationSource site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of VacationSource;
• violate the restrictions in any robot exclusion headers on the site or bypass or circumvent other measures employed to prevent or limit access to it;
• take any action that imposes, or may impose, in the discretion of VacationSource, an unreasonable or disproportionately large load on the VacationSource infrastructure;
• use the VacationSource site to violate, or in violation of, any law, rule or regulation.

VacationSource maintains this site to inform you about the many offerings at participating resorts. While VacationSource takes reasonable steps to make sure that the information in the site is updated and accurate, VacationSource makes no warranties about the accuracy of the information, assumes no responsibility for inaccuracies or mistakes in the information contained in the site, and reserves the right to make changes to the products and services described in this site at any time without notice.

3. Copyrights and Trademarks

All content on the VacationSource site is copyrighted by VacationSource or its licensor(s), and may not be used except as provided in the Terms or with the express written consent of VacationSource.

The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the VacationSource site are the property of VacationSource or its licensor(s). Nothing contained on the VacationSource site should be construed as granting any license or right to use any Trademark displayed on the VacationSource site without the written permission of VacationSource or its licensor(s).

4. Submissions

Apart from your personally identifiable information (the use of which is addressed in the site's Privacy Policy, any and all communications, information or materials sent by you to VacationSource, electronically or otherwise, including but not limited to data, questions, comments, suggestions, reviews or submissions, are and will be treated as non-confidential and non-proprietary. Upon their receipt by VacationSource, all such communications, information and materials shall be the sole and exclusive property of VacationSource and may be used by VacationSource for any purpose, including, but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. Further, by using this site, you may submit, or VacationSource may gather, certain limited information about you and your usage of the site and, subject to the terms of the Privacy Policy, VacationSource is free to use such information for any purpose.

5. Links

This site contains links to other Web sites ("Linked Sites") which are provided solely as a convenience to you. Neither VacationSource nor any of its affiliated companies shall be responsible for the content of any other Web site and make no representation or warranty regarding any other Web site or the contents or materials on such Web sites. If you decide to access any Linked Sites, you do so at your own risk, and such use shall be subject to the terms and conditions associated with any such web site, including, but not limited to, its privacy policy.

6. Eligibility

All persons age eighteen (18) years or older, who are legal residents of the United States, its territories and Canada or who otherwise hold a credit card issued by a United States bank are eligible to use VacationSource.com. However, many of the offers made available on this site by participating resorts have additional or different eligibility criteria. In all instances, you must meet the qualifying criteria applicable to the offer in order to participate in the offer. It should be noted that VacationSource is prohibited from providing services or otherwise engaging in business with persons residing in countries subject to sanctions by the United States or appearing from time to time on the Specially Designated Nationals and Blocked Persons List and the Terrorism List, as such lists are maintained by the U.S. Office of Foreign Assets Control and other governmental bodies from time to time (collectively "Blocked Persons"). Consequently, notwithstanding any other provision of these Terms, Blocked Persons are ineligible to use in VacationSource. VacationSource disclaims any liability pertaining to restricting any Blocked Person's access to this site. Corporations, groups and/or associated entities cannot enroll as VacationSource users. By enrolling in VacationSource, you certify that you meet the eligibility requirements set forth herein. By purchasing an offer on this site, you certify that you meet the eligibility requirements applicable for participation in such offer. Use of VacationSource.com and and displayed offers is not available in any jurisdiction where such use is prohibited by law.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

7. Promotional Offers

Promotional offers may be made, from time to time, at the discretion of VacationSource and/or its partners. Subject to the terms of the applicable offer, promotional offers are subject to the same terms and conditions as regular offers. Persons participating in promotional offers will be required to provide VacationSource with the same information at the time of purchase as persons participating in regular offers which may include credit card information.

8. VacationSource Customer Requirements

You acknowledge that VacationSource is an Internet-based company and that, with the exception of limited customer support available by telephone, all services shall be exclusively available for use and enjoyment by accessing the VacationSource site. You further acknowledge that you must provide and maintain, at your sole expense, all equipment and services (such as ISP services) necessary to access the VacationSource site, as such may be required from time to time.

You also acknowledge that VacationSource's primary choice to communicate with you is through email messaging. Where you provide us with a "bad" email address or otherwise fail to exercise good mailbox management, you may miss out on important messages from us. For example, if your mailbox exceeds its limits and refuses to accept new email messages, you will miss confirmation of your purchase, limited time discounts or other important VacationSource communications.

9. Registration and Navigation of the VacationSource Site

You agree to provide true, accurate and complete information as prompted by all VacationSource site online forms and agree to maintain and promptly update such information as necessary in order to keep it true, accurate and complete. To ensure the accuracy and integrity of the VacationSource user database, VacationSource does not allow you to change your name once it is entered onto the site. However, address changes are welcomed and should be promptly made by you on the VacationSource site. If VacationSource determines that any information which you have provided VacationSource is untrue, inaccurate or incomplete at any time, VacationSource may suspend or terminate your account immediately and may refuse you access to the VacationSource site as well as use of VacationSource's services. In any such instance, your purchases may also be cancelled.

You must select a username and a password to use this site. You are solely responsible for all purchases and other activities that occur under your username and password, including all unauthorized activities. VacationSource is entitled to act on instructions received under your username and password. VacationSource disclaims all responsibility and liability arising from or associated with any site activity by another individual who uses username and password or your failure to adequately safeguard your username and/or password.

10. General Information on Offers, Products and Services

As noted above, all transactions conducted by you on the VacationSource site, or by linking from the VacationSource site, are subject to these Terms as well as the specific terms and conditions applicable to the offer, product or service being purchased. In the event of a conflict between these Terms and the terms and conditions applicable to the offer, product or service being purchased, the terms and conditions applicable to the product or service being purchased will prevail in all instances.

Generally, terms and conditions applicable to the offer, product or service being purchased will be stated on (or linked to) the website. It is always advisable to take the time to locate, review and understand the special terms and conditions associated with any contemplated purchase. In particular, it is important to understand your rights with regard to:

• Offers Which Require Your Participation in a Sales Presentation? Many of the offers made available on this site by participating resorts will offer you the opportunity to secure resort accommodations on a discounted basis or to otherwise receive a premium based on your agreement that you and, potentially other decision-makers in a timeshare purchase decision, will attend a timeshare sales presentation, generally of 90 - 120 minutes in duration, during your participation in the offer. In such instances, your failure or, where required, the failure of other decision-makers in your traveling party, to attend this sales presentation may result in your purchase being voided or otherwise being made available to you on a non-discounted basis. Alternatively, forfeiture of an associated premium or incentive may occur under such circumstances.
• Certificates, Premiums and Other Incentives? Fulfillment of certificates, premiums, or bonus offers made in conjunction with any vacation package purchased on this site is solely the responsibility of the resort included within the package, unless otherwise specified in the offer. Fulfillment generally occurs following attendance at a sales presentation, provided that the you have otherwise complied with the terms of the offer.
• Specific Accommodations and Attributes - In some cases, a specific room location or attribute is associated with your purchase of offers. If so, this information should be reviewed and considered at the time of purchase. In other instances, requests may be made at check-in only and may be honored based on availability. Alternate accommodations may be used if necessary in the fulfillment of an offer.
• Ratings and Reviews - Some accommodations available from participating hotels and resorts will have associated with them ratings and/or user reviews. The services, amenities and facilities offered at participating properties may differ, even where the accommodations from such properties fall within the same rating level.
• Additional Charges or Fees? Certain resorts may require you to pay additional fees upon use. For example, you may be required to pay additional fees for the use of certain resort amenities. In addition, you may be required to pay other location-specific mandatory charges, such as utility surcharges or all-inclusive fees. Also, it is important to remember that, unless otherwise stated, you are responsible for all taxes, personal and incidental expenses (i.e. food, phone, etc.).

VacationSource reserves the right to modify or substitute the offers, products and services made available to you on the VacationSource site or on Linked Sites or even modify or substitute the suppliers or service providers associated with VacationSource's services (collectively, the "Service Providers"), from time to time. Similarly, VacationSource and the Service Providers reserve the right to modify, from time to time, the terms and conditions associated with the use or purchase of various offers, products and services available on the VacationSource site or Linked Sites. As additional or alternative suppliers and service providers join VacationSource to provide offers, products or services to you, or as offers, services or products or their corresponding terms and restrictions change, we will notify you of such changes by revising these Terms, where relevant, or the terms corresponding to such offers, products or services, as we or the applicable Service Provider deem appropriate. Your continued participation in VacationSource following the date of the posting will indicate your acceptance of any such changes. If any modification is unacceptable to you, your only recourse is to notify us that you wish to remove your web profile from the site.

11. Cancellation of Purchase

YOU MAY CANCEL UP TO 21 DAYS PRIOR TO TRAVEL. WITHIN 21 DAYS OF TRAVEL YOU MAY CANCEL BUT A REFUND WILL NOT BE ISSUED AND YOU MAY BE LIABLE FOR FURTHER CHARGES RELATED TO THE CANCELLATION. YOUR RESERVATIONS ARE ALSO NON-TRANSFERABLE AND MAY NOT BE ASSIGNED TO ANOTHER GUEST.

It is important to note that any failure to comply with these Terms, any abuse of program privileges, any conduct detrimental to the interest of VacationSource or the Service Providers or any misrepresentation of any information furnished to VacationSource or its Service Providers may result in the cancellation of your purchase. Under such circumstances, the cancellation of your purchase shall not affect any right to relief to which VacationSource, its Service Providers and/or distributors may be entitled, at law or in equity.

12. Travel

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories associated with your planned destination prior to booking travel. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can 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 OFFERING TRAVEL BENEFITS, VACATIONSOURCE DOES NOT REPRESENT OR WARRANT THAT TRAVEL IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM OR DURING TRAVEL.

13. Confirmation

Your credit card will be charged in accordance with the practices and procedures of VacationSource or its Service Provider, depending on which party serves as the merchant of record for your reservation. All rates are quoted in U.S. dollars unless otherwise specified.

Shortly after confirmation of your purchase, an e-mail acknowledging your transaction will be sent to the e-mail address you maintain in your user profile. Upon receipt, please review your confirmation immediately and report any discrepancies to VacationSource at customerservice@VacationSource.com or by calling the Customer Service number specified on your confirmation. Discrepancies not promptly reported will be deemed accepted by you.

14. Checking In and Occupancy

VacationSource has no legal or beneficial interest in any developer, seller, or managing entity of any property available through the VacationSource website. Notwithstanding the foregoing, in the event of check-in difficulties, please contact VacationSource immediately by calling the Customer Service number specified on your confirmation. In such instances, VacationSource will use its commercially reasonable efforts to assist you in securing the reserved accommodations or, where such accommodations are unavailable through no fault of you, to work with the developer, seller or managing entity of your reserved accommodations with the goal of securing alternative accommodations of comparable size and quality for you. This assistance shall be the sole and exclusive remedy available to you from VacationSource and its affiliated companies. In no instance shall VacationSource, its Service Providers or any of their affiliated companies be liable for any injury, loss, damage, accident, delay, irregularity, costs or expenses arising from strikes, war, weather, quarantines, sickness, government restrictions or regulations, acts of God, or for any other cause beyond their reasonable control.

You and your guests are responsible for all personal charges incurred (e.g., telephone calls, charges customarily associated with the use of property amenities and, unless otherwise, specified meals), utilities surcharges or other charges imposed by the property. Ordinarily, daily maid service will not be available at resort locations. However, at properties offering such a service, it is usually at an additional charge. Any such additional charges will be collected at the time of check-in or check-out.

VacationSource does not sell, lease, or otherwise convey any interest in any real property. VacationSource has no legal or beneficial interest in any participating resort or its developer or marketer. VacationSource is not: (i) involved in the business, operations or management of any participating resort or its developer or marketer; (ii) expressly or impliedly endorsing any participating resort or developer or marketer by including its offers on VacationSource.com; or (iii) making any express or implied agreements, covenants, representations or warranties to you regarding any participating resort or its developer or its marketer. Similarly, VacationSource is not a party to any agreements, covenants, representations or warranties made between you and any participating resort or its developer or marketer. Based on the foregoing, you agree that neither VacationSource or any of its affiliated companies is liable or responsible for any claim or loss incurred in connection with your purchase or ownership of a vacation interest as a consequence of your purchase of offers, products or services from VacationSource.

15. Payment Considerations

VacationSource's preferred form of payment is credit cards issued by US banking institutions. Credit cards currently acceptable are: Visa, MasterCard, Discover and American Express. VacationSource recognizes that, in some instances, users may be able to use debit cards as credit cards. Such use is not recommended and VacationSource will not be responsible for any additional charges that might be incurred by the member as a result of such use, including, but not limited to, non-sufficient fund charges arising from delays in the processing of account credits based on subsequently-requested refunds.

16. Disputed Payments

In the event that you dispute payment for an offer, product or service purchased on the VacationSource site or a Linked Site, travel plans may be cancelled and your user profile may be disabled, during such period, you will not be able to enjoy the use of VacationSource's services or purchase products or services.

Where you wrongfully dispute payment for an offer, product or service purchased on the VacationSource site, VacationSource reserves the right to collect all costs incurred by it and its Service Providers or their suppliers in the resolution of your disputed payment.

17. Participation in Advertiser and Sponsor Offers

From time to time, VacationSource may allow third parties or advertisers to contact you directly with select offers by email messaging. As it relates to each of these offers, please be certain to review and understand any special terms and conditions applicable to your participation in the offer. You must meet the offer's eligibility requirements and comply with its unique terms and conditions to participate.

VacationSource assumes no liability, obligation, or responsibility relating to or associated with the presence of sponsors or advertisers on the VacationSource site, any Linked Site, any direct communication or correspondence between you and a sponsor or advertiser and/or your participation in any offer made by a site sponsor or advertiser. Without limiting the generality of the foregoing, VacationSource expressly disclaims any responsibility for:

• fulfillment and timeliness of delivery of sponsor or advertiser products or services;
• security associated with credit card or other transactions directly initiated by you with a sponsor or advertiser; or
• maintenance of privacy of any personal information given by you directly to a sponsor or advertiser.

You are responsible for opting out of any future promotions from third parties directly on the hird parties' web sites if you no longer desire to receive their offers.

18. Customer Service

Whenever you purchase an offer, product or service from the VacationSource site or a Linked Site, you will be sent an email regarding your purchase. Please review all confirmations promptly and carefully to ensure their accuracy. If you have any concerns or questions, you should contact us at customerservice@VacationSource.com or 877-687-2398.

Complaints, concerns or questions should be directed to the VacationSource Customer Service Line at 877-687-2398 or via e-mail: customerservice@VacationSource.com. To enable us to fully investigate and respond in a timely manner, complaints should be lodged within ninety (90) days after the offer, product or service which is the subject of the complaint is provided, and should include appropriate documentation and any relevant reservation numbers, dates of travel, and actual dollar amounts in dispute, if any. We will use all commercially reasonable efforts to acknowledge your complaint within five (5) business days after its receipt by us.

19. Warranty Disclaimer

TO THE EXTENT ALLOWED BY LAW, VACATIONSOURCE DISCLAIMS ANY AND ALL WARRANTIES THAT THE INFORMATION, PROVIDED OR REFERENCED BY THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION RELATING TO VACATIONSOURCE'S BENEFITS OR SERVICES:

• IS MERCHANTABLE OR ACCURATE;
• IS FIT FOR A PARTICULAR PURPOSE OR NEED; AND
• DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS.

EXCEPT FOR THE EXPRESS WARRANTIES STATED ON THIS SITE, IF ANY, THE INFORMATION, BENEFITS OR SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED "AS IS" AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH. THE INCLUSION OR OFFERING OF ANY BENEFITS, PRODUCTS, SERVICES, SPONSORS OR ADVERTISERS ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH BENEFITS, PRODUCTS, SERVICES, SPONSORS OR ADVERTISERS BY VACATIONSOURCE.

20. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL VACATIONSOURCE, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE VACATIONSOURCE SITE, YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE VACATIONSOURCE SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY VACATIONSOURCE, ITS SERVICE PROVIDERS OR ANY THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VACATIONSOURCE, ITS SERVICE PROVIDER OR ONE OF THEIR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, if VacationSource, its Service Provider or any of their respective affiliated companies is found liable for any loss or damage which arises out of or is in any way connected with your use of the VacationSource site, your delay in accessing or inability to access or use the VacationSource site or the performance or non-performance by VacationSource, its Service Providers or any third parties, the liability of VacationSource, its Service Providers and their respective affiliated companies shall in no event exceed, in the aggregate, the greater of (a) the amount paid by you for the applicable purchased offer, product or service or (b) US$100.00.

Upon reinstatement of your user-profile, you waive all then-existing claims you have against VacationSource, its Service Providers and their respective affiliated companies and VacationSource, its Service Providers and their respective affiliated companies are released from all liability, if any, arising out of your use of VacationSource which occurred prior to the date of your user-profile reinstatement.

21. Miscellaneous:

These Terms, including VacationSource's Privacy Policy and any other terms expressly referenced herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding said subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

These Terms and your use of VacationSource will be governed by and construed under the laws of the State of Florida, excluding only its conflict of law provisions. You agree to the exclusive subject matter and personal jurisdiction of the state courts of Miami-Dade County, Florida, and hereby waive any jurisdictional venue or inconvenient forum objections to such courts. In the event of litigation between us, the prevailing party shall be entitled to all costs, including reasonable attorneys' fees.

You acknowledge that a violation or attempted violation of any of certain provisions of these Terms, particularly those set forth in Paragraphs 2 and 3 above, will cause irreparable damage to VacationSource, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that VacationSource shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you.

If any part of these Terms 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 these Terms shall continue in effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and VacationSource as a result of this agreement or use of the VacationSource site.

VacationSource's performance is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of VacationSource's right to comply with law enforcement requests or requirements relating to your use of the VacationSource site or information provided to or gathered by VacationSource with respect to such use.

A printed version of these Terms and of any notice given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Telephone conversations between users and VacationSource representatives may be recorded or monitored for training or quality assurance purposes.

Respecting your privacy is a priority for us. However, in order to keep you apprised of your VacationSource user status, it is important that we send you certain program information that may include printed and/or electronic periodic statements of your account and other information necessary for administration; printed or email marketing materials from VacationSource which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a strategic marketing relationship with VacationSource. You consent to receive these types of information, provided, in each instance you are given the opportunity to opt-out of similar future mailing s. In all such instances, we agree to abide by the terms of VacationSource's Privacy Policy.

Users acknowledge and agree that VacationSource may, upon occasion, offer various offers, products and services through telemarketing programs and users consent to such solicitation including, but not limited to, solicitations through automatic dialing equipment, predictive dialing equipment, and/or pre-recorded messages. Where you provide VacationSource a telephone number for your mobile telephone as part of your user profile, you agree to VacationSource contacting you on such mobile number for all purposes, including, but not limited to, solicitations noted above.

Any rights not expressly granted herein are reserved.

© 2007 Worldwide Vacation & Travel, Inc.