INTRODUCTION

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.