Privacy Policy

Effective as of: 3/27/18

 

INTRODUCTION

WanaGetAway Vacation Club, LLC ("Company", "We", “Us” and “Our) respects your privacy and is committed to protecting it through Our compliance with this privacy policy ("Privacy Policy"). This Privacy Policy describes the types of information We may collect from you or that you may provide when you visit the website (Our "Website") and Our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This Privacy Policy applies to information We collect:

 

  • On or through this Website.
  • Over the phone, email, text, and other electronic messages between you and Us.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with Our advertising and applications on third-party websites and services, if those applications or advertising include links to this Website.

 

Please read this Privacy Policy carefully to understand Our policies and practices regarding your information and how We will treat it. If you do not agree with Our policies and practices, your choice is to not use Our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after We make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of Our Website, including the following categories of information:

 

  • Purchasing Information. This is information that We may collect information about your transactions in Our stores, on Our websites or via Our mobile applications including what products you purchase, how frequently you purchase them, any rewards or promotions associated with a purchase.
  • Personal Information. This is information by which you may be personally identified, through your account with Us or otherwise, such as name, postal address, e-mail address, telephone number, address, or any other identifier by which you may be contacted online or offline.
  • Device and Usage Information. This is information about your internet connection (ISP), IP address, device and mobile ad identifiers, the website that referred you to Our Website, the subject of the ads you click or scroll over, Cookies, Analytics, the equipment you use to access Our Website and usage details. To collect this information, We use automatic data collection cookies, web beacons and similar technologies.
  • Location information. This is information about the location of your device, including GPS location, for purposes of enhancing or facilitating Our services, such as enabling the functionality of Our Websites or mobile applications that provide you with information about stores near you, enabling you to remotely order and pay for Our products and services, or have certain products delivered by a third-party vendor. If you want to opt out of the collection of this location information, please see the section below titled Choices on How We Use and Disclose Your Information or by contacting Us as detailed under Contact Information.
  • Public information. Some information We gather is publicly available. We may also gather information about you from third-parties and other companies.

 

We collect this information:

 

Directly from you when you provide it to Us.

Some information such as your internet connection and equipment you use to access Our Website and usage details is automatically collected as you navigate through the site. Information collected automatically may include usage details, IP addresses, location and information collected through cookies and other tracking technologies.

We use third party analytics providers and products, such as Google Analytics, to obtain, compile and analyze information about how users are using and interacting with the Website. In order to collect this information, such providers may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. You can control the information provided to Google and opt out of certain ads provided by Google by using one of the of the methods set forth in http://www.google.com/policies/privacy/partners/

From third parties, for example, Our business partners, affiliates and agents.

 

Information You Provide to Us. The information We collect on or through Our Website may include:

 

  • Information that you provide by filling in forms on Our Website. This includes information provided at the time of registering to use Our Website, subscribing to Our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by Us, and when you report a problem with Our Website.
  • Records and copies of your correspondence including email addresses, if you contact Us.
  • Your responses to surveys that We might ask you to complete for research purposes.
  • Details of transactions you carry out through Our Website and of the fulfillment of your travel and purchases. You may be required to provide financial information including credit or debit card information before placing an order through Our Website.
  • Your search queries or preferences through use of the Website, including the election to share location information with Us and Our Website applications.

 

You also may provide information, comments, or photographs to be published or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although We limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, We cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Further, We are irrevocably authorized to publish your comments and photograph(s), in all media and for all types of advertising, publicity, promotion and other trade purposes for Us, Our products and services, and for any other lawful purpose. Your name may be revealed in conjunction with your testimonial.

 

  • You will receive no monetary compensation for your comments or photographs.
  • Your comments or photographs may be published for an indefinite amount of time.
  • You waive any right to inspect or approve the finished product, including written copy.
  • This consent and release does not in any way conflict with any existing commitment on your part.

You hereby hold harmless and release Us from all claims, demands and causes of action which you, your heirs, representatives, executors, administrators or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.

 

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with Our Website, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

  • Details of your visits to Our Website, including traffic data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

 

The information We collect automatically is statistical data and does not include personal information, but We may maintain it or associate it with personal information We collect in other ways or receive from third parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to:

 

  • Estimate Our audience size and usage patterns.
  • Store information about your preferences, allowing Us to customize Our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to Our Website.

 

The technologies We use for this automatic data collection may include:

 

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you direct your browser to Our Website.
  • Flash Cookies. Certain features of Our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on Our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. Information on how to disable or remove Flash cookies can be found below under the section titled Choices on How We Use and Disclose Your Information.
  • Web Beacons. Pages of the Website and Our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
  • Java Scripts. Java scripts are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components.
  • Entity Tags. Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or “cached" within your browser and validates these caches when the Website is opened, accelerating Website performance since the web server does not need to send a full response if the content has not changed.
  • HTML5 Local Storage . HTML5 local storage allows data from websites to be stored or “cached" within your browser to store and retrieve data in HTML5 pages when the Website is revisited.

 

We do not collect personal information automatically through the above technologies, but We may tie this information gathered to personal information about you that We collect from other sources or you provide to Us.

 

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use Our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

HOW WE USE YOUR INFORMATION

We use information that We collect about you or that you provide to Us, including any personal information:

 

  • To present Our Website and its contents to you.
  • To provide you with information, products, or services that you request from Us to third parties including, but not limited to, credit card processors, travel suppliers, suppliers of goods and booking agents.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out Our obligations and enforce Our rights arising from any contracts entered into between you and Us, including for billing and collection.
  • To notify you about changes to Our Website or any products or services We offer or provide though it.
  • To allow you to participate in interactive features on Our Website.
  • To help diagnose problems servers and for system administration.
  • To personalize your user experience and to allow Us to deliver the type of content and product offerings in which you are most interested.
  • To improve the Website in order to better serve you.
  • To better serve you in responding to your customer service requests.

We may also use information about the location of the device you are using to help Us understand how Our Websites, mobile applications, and other services and functionality are being used and to deliver more relevant advertising.

  • To quickly process your transactions.
  • To ask for ratings and reviews of services or products.
  • To follow up with you after correspondence (live chat, email or phone inquiries).
  • To develop promotions and product improvements.
  • To provide you with updates about discounted availability, special offers, new services and products which may be of interest to you and other noteworthy news items. This information may be provided by letter, e-mail, telephone or any other reasonable means of communication.
  • In any other way We may describe when you provide the information.
  • For any other purpose with your consent.

 

We may also use your information to contact you about Our own and third-parties' goods and services that may be of interest to you. We may use the information We have collected from you to enable Us to display advertisements to Our advertisers' target audiences. Even though We do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. Information on how to opt-out of interest based advertising can be found under the section titled Choices on How We Use and Disclose Your Information or by contacting Us as detailed under Contact Information.

 

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about Our users, and information that does not identify any individual, without restriction.

  • We may disclose personal information that We collect or you provide as described in this Privacy Policy:
  • To Our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties We use to support Our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which We disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's stock or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about Our Website users is among the assets transferred.
  • To third parties to market their products or services to you.
  • To fulfill the purpose for which you provide it. For example, if you give Us an email address to use the "email a friend" feature of Our Website, We will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by Us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply Our Terms of Use or Terms & Conditions posted on the Website and other agreements, including for billing and collection purposes.
  • If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, Our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to Us. Below are some of the mechanisms available to change control over your information automatically provided when visiting the Website:

 

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website . If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Google Analytics . You can control the information provided to Google and opt out of certain ads provided by Google by using one the of the methods set forth in http://www.google.com/policies/privacy/partners/ or use the Google Analytics opt out browser add-on at http://tools.google.com/dlpage/gaoptout?hl=en.

Cookies; Web Beacons; Entity Tags; and HTML5 Local Storage; and other similar technologies. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled. Turning off the browser's cookies will prevent web beacons from tracking your specific activity. The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, and that may affect your ability to view images in other emails that you receive. Each browser is different, but many common browsers (Internet Explorer, Chrome, Firefox, and Safari) have preferences or options that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed or allow you to remove or reject the use or installation of certain technologies altogether. To find out how to see what cookies have been set and how to reject and delete the cookies, please visit: http://www.aboutcookies.org.

Opting out of sharing location information. You may be able to adjust the settings of your device so that information about your physical location is not sent to Us or third parties by (a) disabling location services within the device settings; or (b) denying certain Websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

 

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Digital Advertising Alliance or the Network Advertising Initiative ("NAI") on the NAI's website or by visiting www.AboutAds.info .

 

CROSS-BORDER DATA TRANSFERS, AS APPLICABLE

We transfer, process and store information about you on servers located in the United States. Therefore, your information may be transferred to, stored, or processed in the United States whose data protection, privacy and other laws may not provide the same level of protection as those in your country of residence. For example, government entities in the United States and other countries may have certain rights to access your personal information.

 

By using the Website you understand and consent to the collection, storage, processing, and transfer of your information to Our facilities in the United States to those third parties with whom We share it as described in this Privacy Policy.

 

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page.

 

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to Company or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to Us, including your name, address, telephone number, email address, or any screen name or user name you may use. If We learn We have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under 13, please contact Us as detailed under Contact Information, below.

 

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to Us is stored on Our secure servers behind firewalls. Any payment transactions provided therewith will be encrypted.

 

The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of Our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although We do Our best to protect your personal information, We cannot guarantee the security of your personal information transmitted to Our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

NOTICE TO CALIFORNIA RESIDENTS

If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the disclosure of your personal information by Us to third parties for the third parties' direct marketing purposes. With respect to these entities, this notice applies only to their activities within the State of California. To make such a request, please contact us at info@wanagetaway.com.

 

CHANGES TO OUR PRIVACY POLICY

It is Our policy to post any changes We make to Our Privacy Policy on this page with a pop-up notice that indicates the Privacy Policy has been updated on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring We have an up-to-date active and deliverable email address for you, and for periodically visiting Our Website and this Privacy Policy to check for any changes.

 

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and Our privacy practices, or request that We remove or opt-out any information gathered about you, that We actually control, please email or write to Us at: info@wanagetaway.com or Attn: Privacy Policy Manager, WanaGetAway Vacation Club, LLC, 3816 Industry Blvd. #101, Lakeland, FL 33811 or via Our phone number: 863-259-3016.

 

Before Login and After Login - At the bottom of Every Page - Terms of Use

Please update to the following language and remove the picture from the page so that it is just the write-up: done

 

WEBSITE TERMS OF USE

Welcome to the WanaGetAway Vacation Club, LLC (“Company”, “Us”, “We”, or “Our”) website. If you (“You” or “Your”) continue to browse and use this website, You are agreeing to comply with and be bound by the following terms of use, which together with Our Privacy Policy govern Our relationship with You in relation to this website. If You disagree with any part of these terms and conditions, please do not use Our website.

 

The use of this website is subject to the following terms of use:

 

CONTENT PROVIDED “AS IS”; DISCLAIMER OF WARRANTY

The content of the pages of this website is for Your general information and use only. It is subject to change without notice. All content and information is provided "as is", without any kind of warranties, either express or implied including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

 

Neither We, nor Our affiliates, Our respective employees, agents or third party content providers or licensors, if any, warrant that the service will be uninterrupted or error-free and do not make any warranty about the results that may be obtained from using this website or the content on this website. In addition, the aforementioned parties do not warrant the accuracy, reliability or content of any information, service, merchandise provided on or through this website. By using, viewing, transmitting, storing in any way or otherwise using this website, its content, services or the features available on this website, You give Your consent to each and every one of the terms and conditions set forth herein and expressly waive any right to claim ambiguity, error or lack of consent as related to Your use of this website.

 

Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

LIMITATION OF LIABILITY

Our disclaimers of liability apply to damages or injury caused by any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access or alteration, whether the damage related to breach of contract, tortuous acts, negligence or any other cause of action. You acknowledge that We are not liable for defamatory, offensive or illegal conduct of third parties, including users to this website. The risk of any of the above rests entirely with You. Us, and any individual or entity involved in creating, producing, or distributing any content or information on this website, are not liable for any direct, indirect, incidental, special, punitive, liquidated, exemplary, moral or consequential damages that result from the use or the inability to use this website or from the breach of any warranty.

 

USE OF CONTENT AT YOUR RISK

Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements.

 

NO ENDORSEMENT OF CONTENT

From time to time, this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s).

We do not endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice or statement on this website. We are not responsible for any offensive, defamatory or obscene posting made on the website by anyone. We are not liable for any loss of damage caused by Your reliance on information obtained through the content and/or postings on this website. It is the responsibility of You to evaluate the accuracy, completeness or usefulness of opinions, information, advice or other content on this website. We do not endorse, warrant or guarantee any product or service offered by a third party on this website. We will not be a party to or monitor any transaction between You and any third party provider of products or services. Just as an individual would use his or her own best judgment and exercise caution before purchasing any product or service, You should do so in these transactions.

 

COPYRIGHT

This website contains material that are owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content provided on this website. Except as otherwise permitted by copyright laws, You may not copy, redistribute, publish or use downloaded material, without the express written permission of Us. If permission is granted, the proper copyright notice must be attached. You acknowledge that You do not acquire any ownership rights by downloading any content from the site.

 

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. The website contains materials that are copyrighted, trademarked or is the proprietary property of other individuals or companies. Only the individual artists have the right to reproduce, distribute, display or prepare derivative works of their artwork. We own a copyright in the selection, coordination, arrangement and enhancement of such content, including original content.

 

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

 

ARTICLES AND OTHER ORIGINAL CONTENT

This website works with a variety of authors and artists and photographers to develop the information You see and read. All of these materials are Our property and the individual contributors. To reproduce any of this material, You must have the written permission from Us and of the third party content providers or licensors. We own a copyright in the selection, coordination, arrangement and enhancement of such content, including original content.

 

PHOTOGRAPHY, ARTWORK AND RELATED WORKS

This website contains materials that are copyrighted, trademarked or is the proprietary property of other individuals or companies. Only the individual artists have the right to reproduce, distribute, display or prepare derivative works of their artwork. We own a copyright in the selection, coordination, arrangement and enhancement of such content, including original content.

 

REPRINTED INFORMATION

This website occasionally uses material previously published other places. We do Our best to secure proper reproduction rights. If, in any case, We have not named a source accurately, please contact Us so We can correct the name of the source.

 

OTHER MATERIAL

All material is Our property and of the third party content providers or licensors and may not be reproduced, copied, distributed or displayed without written permission from US and of the third party content providers or licensors.

 

TRADEMARK

 

Trademarks are Our trademarks. All rights reserved. All other trademarks appearing on this website are the property of their respective owners who are third party content providers or licensors. You expressly agree not to reproduce, disseminate, share, transfer, transmit or use Trademarks. In order to disseminate, share, transfer, transmit or use any of these trademarks, You must have the written permission of Company and of the third party content providers or licensors.

 

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once You have used these links to leave our site, You should note that We do not have any control over that other website. Therefore, We cannot be responsible for the protection and privacy of any information that You provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to all other websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed.

 

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, INCLUDING BUT NOT LIMITED TO, THIRD PARTY CLAIMS, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES ARISING OUT OF OR IN CONNECTION WITH, YOUR VIOLATION WITH THESE TERMS AND CONDITIONS.

 

ELIGIBILITY

This website is available only to people with enough capacity to bind in terms of applicable Law. Consequently, this website and the information and services (if any) contained therein are not available or are not intended for minors. If You do not qualify, please stop using this website and leave it immediately. You must be twenty-one (21) years old to use or otherwise use the information contained in this website. This website and the materials contained therein are for informational purposes only. By providing the materials, We are not providing any service or legal or professional advice. The information available on this website is based on sources believed to be accurate and reliable; and We have made reasonable efforts to ensure the accuracy of this information; however, We do not in any way guarantee the accuracy or veracity of the information available on this website.

 

CHOICE OF LAW

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Florida.

 

DISPUTE RESOLUTION POLICY

Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Orange County, Florida, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Orange County, Florida. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.

 

The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.

 

Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Florida without regard to its choice of law and conflict of law rules.

 

The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.

 

The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Orange County, Florida.

 

Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, We may as necessary apply to a court of competent jurisdiction in Orange County, Florida to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.

 

Judgment upon the arbitral award or decision may be entered by the Orange County Superior Court or the United States District Court for the District of Florida, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.