WanaGetAway Terms of Use

Version Control and Effective Date

These Terms of Use are Version 1.0, last updated on May 15, 2026, and are effective as of May 15, 2026. These Terms of Use apply to your access to and use of the Web Services on and after the effective date. These Terms of Use supplement the WanaGetAway Terms & Conditions and other applicable Network Materials and supersede prior website or web-services terms only to the extent they relate specifically to the Web Services and are not otherwise controlled by more specific documents.

Section 1. Scope and Acceptance of Terms

Welcome to WanaGetAway. These Terms of Use are a legally binding agreement between WanaGetAway Club, LLC, a Florida limited liability company (referred to as “WanaGetAway,” “WGA,” “we,” “us,” or “our”) and each user who accesses, browses, visits, registers for, logs into, uses, interacts with, or submits information through the Web Services (referred to as “user,” “you,” or “your”).

These Terms of Use govern your access to and use of the Web Services, including our public-facing website, enrollment pages, checkout flows, login flows, account pages, forms, communications interfaces, mobile-enabled web pages, and other online services we make available now or in the future.

By accessing or using any Web Services, creating a User Account, clicking to accept these Terms of Use, submitting information to WGA, enrolling in a Membership, logging into a connected Provider platform through WGA, or otherwise using any part of the Web Services, you agree to be bound by these Terms of Use and all applicable Network Materials.

If you do not agree to these Terms of Use, do not access or use the Web Services.

Section 2. Relationship to Network Materials, Other Agreements, and Controlling Terms

2.1 Supplemental Nature of These Terms of Use

These Terms of Use govern the Web Services only. They are supplemental to, and do not replace, the WanaGetAway Terms & Conditions, the WanaGetAway Privacy Notice, the WanaGetAway User Generated Content Terms of Use, applicable Provider Terms, booking terms, certificate terms, Account Disclosure Materials, enrollment acknowledgments, and the information shown in your My Account page.

2.2 Controlling Terms

In the event of any conflict, inconsistency, or ambiguity among applicable documents, the following order applies unless applicable law requires otherwise:

Provider Terms control with respect to the applicable Provider’s services, inventory, reservations, travel products, booking rules, cancellation terms, account rules, privacy practices, and fulfillment obligations.

The WanaGetAway Terms & Conditions control with respect to Memberships, Subscription Services, Network Benefits, GetAway Points, Authorized Users, billing for Membership, cancellation rights, refund rights, and other Membership-related matters.

Account Disclosure Materials, including Checkout Disclosures, enrollment acknowledgments, and the My Account page, control for product-specific details disclosed to you, including your Membership product selected, billing frequency, pricing, trial period, satisfaction guarantee period, refund rights, and other account-specific disclosures.

These Terms of Use control with respect to your access to and use of the Web Services.

The WanaGetAway User Generated Content Terms of Use (“UGC Terms”) control, where applicable, for approved reuse by WGA of social-media content, tagged content, influencer content, or other user-submitted social content governed by those separate terms.

Nothing in these Terms of Use modifies any Provider Terms or obligates any Provider to provide any service, booking, inventory, or benefit.

2.3 Defined Terms

For purposes of these Terms of Use:

“Web Services” means the Website, account pages, enrollment pages, checkout flows, login flows, customer account interfaces, mobile-enabled pages, integrations, application programming interfaces, technical connections, single sign-on functionality, support tools, and related online services made available by or through WGA.

“Website” means the WGA websites, landing pages, enrollment pages, promotional pages, and related domains and subdomains operated by or for WGA.

“User Account” means your WGA online account, login profile, credentials-based profile, or other account record used to access the Web Services, including your My Account page.

“My Account page” means the account area made available to you by WGA where certain Membership details, billing details, enrollment information, and account-specific disclosures may be viewed or updated.

“Login Credentials” means usernames, passwords, passcodes, verification codes, access tokens, authentication tools, and other credentials or security features used to access the Web Services or connected platforms.

“Provider” means any third party that provides, administers, fulfills, operates, manages, or supports any Network Benefit, travel product, travel service, booking platform, certificate, membership access, points-based benefit, technology integration, or other service made available through the Network, including RCI, Panorama Travel Solutions, LLC, CLUB365 Providers, resorts, hotels, cruise lines, rental car companies, activity providers, payment processors, and technology vendors.

“Provider Terms” means all terms, conditions, rules, restrictions, cancellation policies, privacy policies, booking terms, certificate terms, website terms, supplier terms, and other policies issued by or applicable to any Provider relating to the specific service, booking, reservation, or Network Benefit you use or book.

“Network” means the WanaGetAway network through which WGA makes Membership-related access, travel-related opportunities, and other Network Benefits available.

“Network Benefits” means the travel-related benefits, access, services, privileges, incentives, programs, discounts, booking opportunities, certificates, platform access, and point-related benefits made available through WGA or Providers, depending on your Membership product and applicable Network Materials.

“Checkout Disclosures” means the pricing, billing, offer terms, product details, trial disclosures, renewal disclosures, authorizations, and other information presented to you before or during online checkout, enrollment, upgrade, renewal, or purchase.

“Account Disclosure Materials” means Checkout Disclosures, enrollment acknowledgments, the information shown in your My Account page, and other account-specific disclosures made available to you by WGA regarding your Membership product, billing terms, eligibility, or other product-specific terms.

“User Submissions” means information, text, reviews, ratings, feedback, testimonials, suggestions, comments, images, files, messages, requests, and other content or materials you submit through the Web Services, excluding content separately licensed to WGA under the UGC Terms.

“UGC Terms” means the WanaGetAway User Generated Content Terms of Use governing WGA’s use of approved social-media content, tagged content, submitted photos or videos, and related user-generated promotional content where those terms are presented or incorporated.

“Unauthorized Access” means access to or use of the Web Services, a User Account, Login Credentials, technical systems, data, content, or connected services without authorization, in excess of authorized permission, or in violation of these Terms of Use or applicable law.

“Network Materials” means these Terms of Use, the WanaGetAway Terms & Conditions, the WanaGetAway Privacy Notice, the UGC Terms, the WanaGetAway website, Account Disclosure Materials, Checkout Disclosures, the My Account page, Provider Terms, booking confirmations, certificate terms, enrollment acknowledgments, emails sent to your registered email address, and other written or electronic materials made available by WGA or Providers regarding the Web Services, Membership, or Network Benefits.

Section 3. Eligibility and Permitted Use

You may use the Web Services only if you are legally capable of entering into a binding agreement and are using the Web Services for lawful, personal, and legitimate purposes. If you enroll in a Membership, your eligibility for that Membership is also subject to the WanaGetAway Terms & Conditions and any applicable Checkout Disclosures.

You may use the Web Services only for your own personal, non-commercial use unless WGA expressly authorizes otherwise in writing. You may not use the Web Services on behalf of another person or entity in a manner that is misleading, unlawful, commercially exploitative, or inconsistent with these Terms of Use.

If you create a User Account or submit information on behalf of a business or another person, you represent that you have authority to do so and to bind that person or entity to these Terms of Use.

The Web Services are not directed to children under eighteen (18), and you may not use the Web Services if doing so would violate applicable law. Certain Web Services, Membership enrollments, and travel-related transactions may be available only to individuals who are at least eighteen (18) years of age or who otherwise satisfy the age and eligibility requirements stated in the applicable Network Materials.

Section 4. User Accounts, Registration, and Security

You may be required to create a User Account or provide certain information in order to access portions of the Web Services, enroll in a Membership, complete checkout, view your My Account page, or access connected Provider platforms.

You agree to provide accurate, current, and complete information and to keep your information updated. WGA may rely on the information you provide through the Web Services, including for account management, billing, communications, security verification, fraud prevention, and service delivery.

You are solely responsible for maintaining the confidentiality and security of your Login Credentials and for all activities that occur using your User Account or Login Credentials, whether or not authorized by you. You must not share, disclose, transfer, sell, rent, or permit others to use your Login Credentials except as expressly permitted by WGA and applicable Network Materials.

You agree to notify WGA promptly at the contact information provided below if you know or suspect any of the following: (a) loss, theft, or compromise of your Login Credentials; (b) Unauthorized Access to your User Account; (c) suspected fraud, identity misuse, or account takeover; or (d) inaccurate or unauthorized changes to your account information.

WGA may require identity verification, multifactor authentication, reauthentication, password resets, security questions, or other security measures before permitting account access, changes, or certain transactions. WGA is not liable for delays, restrictions, or temporary denial of access resulting from reasonable security measures.

WGA reserves the right to refuse registration, restrict account functionality, suspend access, or terminate any User Account at any time if WGA believes, in its sole discretion and based on the information available to WGA, that the account presents a security risk, legal risk, fraud risk, abuse risk, or violation of these Terms of Use or other Network Materials.

Section 5. Electronic Communications, E-Sign Consent, and Electronic Records

By using the Web Services, providing your contact information, creating a User Account, enrolling online, clicking to accept any terms, or otherwise interacting with WGA electronically, you consent to receive communications from WGA electronically, including by email, in-app message, account notification, SMS or text message where permitted, or by posting notices to the Website or your My Account page.

You agree that electronic signatures, checkboxes, clicks, taps, consents, acknowledgments, and other electronic actions constitute your intent to sign and be bound, and that electronic records satisfy any legal requirement that communications be in writing, to the fullest extent permitted by law.

You are responsible for maintaining a valid email address, current contact information, internet access, and the hardware and software necessary to receive, access, read, store, and print electronic records. If you withdraw consent to electronic communications where such consent is necessary to provide the Web Services or your Membership, WGA may limit or terminate your ability to use certain Web Services or complete certain transactions.

WGA may maintain records of your transactions, consents, communications, and account activity in electronic form, and you agree that those records are admissible and may be used as evidence to the fullest extent permitted by law.

Section 6. Online Enrollment, Checkout, Billing Authorizations, and Account Information

The Web Services may allow you to enroll in a Membership, renew, upgrade, downgrade, purchase or request access to certain benefits, submit payment information, or manage account preferences. Any Membership enrollment, subscription billing, purchase, renewal, cancellation, refund right, or benefit-specific right is governed by the WanaGetAway Terms & Conditions, applicable Checkout Disclosures, your My Account page, and any relevant Provider Terms.

By completing checkout, clicking to authorize payment, or otherwise submitting payment information through the Web Services, you represent that you are authorized to use the payment method provided and authorize WGA and its service providers to charge the applicable amounts you approve, including recurring charges where disclosed and authorized.

You are responsible for reviewing all Checkout Disclosures carefully before completing any transaction. Prices, fees, billing frequency, renewal timing, taxes, availability, and product details may be shown during checkout or in your My Account page and may vary depending on your offer, Membership product, renewal status, account history, or applicable promotion.

WGA may use third-party payment processors, fraud screening tools, identity verification vendors, and other service providers in connection with online enrollment and billing. WGA does not guarantee that any payment method will be accepted, that any transaction will be approved, or that any attempted transaction will be completed without interruption or delay.

If the Web Services allow you to update account information, billing information, travel preferences, or communication preferences, you are responsible for ensuring that the information you provide is accurate and current. WGA is not responsible for losses or delays caused by inaccurate, incomplete, or outdated information you provide.

Seller-of-travel disclosures, if applicable, are addressed in the WanaGetAway Terms & Conditions, Checkout Disclosures, confirmations, or other applicable Network Materials rather than these Terms of Use.

Section 7. Acceptable Use Restrictions

You agree that you will not, and will not assist, encourage, or permit any third party to:

access or use the Web Services for any unlawful, fraudulent, deceptive, abusive, or unauthorized purpose;

use the Web Services in violation of any applicable law, regulation, court order, or third-party right;

impersonate any person or entity, misrepresent your identity, affiliation, or authority, or submit false or misleading information;

share, sell, lease, rent, sublicense, transfer, or otherwise provide access to your User Account or Login Credentials to any other person except as expressly permitted by WGA;

scrape, crawl, spider, harvest, mine, index, frame, mirror, deep-link, data-extract, bulk download, or use robots, bots, scripts, or automated means to access or collect data from the Web Services without WGA’s prior written consent;

circumvent, disable, interfere with, or attempt to bypass rate limits, access controls, authentication measures, security features, or technical protections used by the Web Services;

reverse engineer, decompile, disassemble, decode, or attempt to derive source code or underlying ideas from any portion of the Web Services, except to the limited extent such restriction is prohibited by applicable law;

conduct vulnerability scanning, penetration testing, load testing, or other security testing of the Web Services without WGA’s express prior written authorization;

interfere with or disrupt the operation, performance, availability, integrity, or security of the Web Services or any related systems, servers, networks, or data;

upload, transmit, or distribute malware, ransomware, spyware, viruses, malicious code, corrupted data, or other harmful technologies;

use the Web Services for commercial resale, commercial travel agency activity, lead generation, unsolicited marketing, or other commercial exploitation not expressly approved by WGA in writing;

attempt to gain Unauthorized Access to any account, system, data, Provider platform, or non-public area of the Web Services;

submit any User Submission that is unlawful, defamatory, infringing, misleading, obscene, harassing, discriminatory, or otherwise objectionable;

remove, alter, obscure, or bypass proprietary notices, digital rights management, or attribution notices; or

use the Web Services in a way that could harm WGA, other users, Providers, or the Network.

WGA may investigate and take any action permitted by these Terms of Use, the Terms & Conditions, applicable Provider Terms, or applicable law in response to any suspected violation.

Section 8. Third-Party Providers, Links, Booking Platforms, and Single Sign-On

The Web Services may contain links to, integrations with, embedded content from, or technical access to third-party websites, booking platforms, tools, software, and services operated by Providers or other third parties. WGA acts as an intermediary in making certain access points available, but Providers are separate and independent entities from WGA and are not WGA’s agents, employees, joint venturers, or representatives.

WGA does not own or control Provider systems, Provider inventory, Provider pricing, Provider data handling, Provider availability, Provider functionality, or Provider performance. Your use of any Provider service, booking platform, reservation system, inventory, account, or benefit is subject to the applicable Provider Terms, which are separate from these Terms of Use and may include additional limitations, restrictions, waivers, consents, or fees.

If WGA offers single sign-on, federated login, credential pass-through, tokenized access, linked account access, or other technical functionality that allows you to reach a Provider platform through WGA, WGA does not guarantee uninterrupted access, compatibility, continued integration, or successful authentication. Technical failures, token expiration, account mismatch, Provider outages, cybersecurity events, maintenance, software changes, and Provider-side restrictions may affect access or functionality.

WGA is not responsible for the content, accuracy, security, legality, privacy practices, availability, acts, omissions, or services of Providers or other third parties except to the extent required by applicable law. Any transaction, booking, reservation, payment, cancellation, or dispute involving a Provider may be subject to additional Provider rules and procedures.

Links to third-party sites are provided for convenience only and do not imply endorsement, sponsorship, approval, or verification by WGA unless expressly stated by WGA in writing.

Section 9. Intellectual Property and Limited License

The Web Services and all content, software, code, designs, layouts, text, graphics, images, logos, trademarks, service marks, trade dress, audiovisual materials, databases, compilations, interfaces, and other materials made available through the Web Services are owned by or licensed to WGA or its licensors and are protected by intellectual property, unfair competition, and other applicable laws.

Subject to your compliance with these Terms of Use and all applicable Network Materials, WGA grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Web Services solely for your lawful personal use in connection with learning about WGA, managing your account, enrolling in a Membership, or accessing permitted Network-related information and services.

Except for the limited license expressly granted above, no right, title, or interest in or to the Web Services or any intellectual property is transferred to you. You may not reproduce, distribute, publicly display, publicly perform, publish, modify, create derivative works from, transmit, repurpose, sell, license, exploit, or otherwise use the Web Services or any content from the Web Services except as expressly permitted by WGA in writing.

All goodwill arising from the use of WGA marks shall inure solely to WGA or its licensors. You may not use WGA’s name, logos, marks, or branding in any way that implies endorsement, affiliation, sponsorship, or approval without WGA’s prior written consent.

Section 10. User Submissions, Feedback, Reviews, and Testimonials

The Web Services may permit you to submit User Submissions, including reviews, ratings, testimonials, comments, questions, suggestions, support requests, or other content. You remain responsible for your User Submissions and represent and warrant that you have all rights, permissions, and authority necessary to submit them and grant the rights described below.

You represent and warrant that your User Submissions: (a) are accurate to the best of your knowledge; (b) do not violate any law, regulation, or third-party right; (c) do not infringe or misappropriate any copyright, trademark, privacy, publicity, or other right; (d) are not false, deceptive, defamatory, obscene, harassing, threatening, discriminatory, or otherwise unlawful; and (e) do not contain malware, harmful code, or unauthorized commercial content.

Except for content separately governed by the UGC Terms, by submitting User Submissions through the Web Services, you grant WGA and its affiliates, service providers, successors, and assigns a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to host, store, reproduce, use, display, perform, adapt, modify, publish, distribute, and create derivative works from the User Submissions for business purposes, including customer support, quality assurance, analytics, training, legal compliance, fraud prevention, operations, product improvement, and marketing of WGA’s services, without further notice or compensation to you, except where prohibited by law.

If you provide suggestions, ideas, concepts, proposals, or feedback, you agree that WGA may use them without restriction or obligation to you.

WGA is not required to treat User Submissions as confidential unless expressly required by law or stated otherwise in writing. Do not submit confidential information, proprietary business information, payment card information in free-text fields, or sensitive personal information unless specifically requested through a designated secure method.

Social-media content, hashtag campaigns, tagged posts, photos, videos, or similar promotional content that WGA seeks to reuse or license for marketing purposes may be governed by the separate UGC Terms rather than this Section. If the UGC Terms apply, they control with respect to that content.

WGA may, but is not obligated to, post, review, edit, remove, refuse, or moderate User Submissions in its sole discretion.

Section 11. Monitoring, Investigation, Suspension, and Enforcement

WGA reserves the right, but not the obligation, to monitor the Web Services, User Accounts, User Submissions, login activity, transactions, and technical activity for security, compliance, fraud prevention, quality assurance, operational, legal, or investigative purposes.

WGA may investigate any suspected violation of these Terms of Use, the Terms & Conditions, applicable Provider Terms, or applicable law. In connection with any such investigation, WGA may take any action permitted by law and the applicable Network Materials, including:

restricting or blocking access to the Web Services;

removing or disabling User Submissions;

requiring identity verification or password reset;

suspending or terminating a User Account;

cancelling or refusing transactions where permitted;

preserving logs, records, and technical evidence;

reporting conduct to Providers, payment processors, insurers, regulators, law enforcement, or other third parties;

cooperating with legal process and lawful requests; and

pursuing civil, criminal, injunctive, or equitable remedies.

WGA may determine, in its sole discretion and based on the information available to WGA, whether a violation has occurred and what responsive action is appropriate, subject to applicable law. Nothing in these Terms of Use obligates WGA to monitor, detect, prevent, or remediate any particular misuse or security issue.

Section 12. Pricing, Availability, Website Errors, and Corrections

The Web Services may display descriptions, pricing, availability, promotional content, benefit summaries, screenshots, travel examples, date ranges, inventory references, provider content, or other information for general informational purposes. Such information may change at any time and may contain typographical errors, inaccuracies, omissions, delays, outdated content, or technical display issues.

WGA does not guarantee that any pricing, discount, promotion, inventory, booking option, Membership offer, travel date, destination, accommodation, Provider participation, certificate availability, point availability, or other content shown on the Web Services will be available, current, accurate, complete, or honored if it was displayed in error or becomes unavailable.

WGA reserves the right, at any time and without prior notice except where required by law, to correct any error, update any information, cancel or refuse any transaction initiated based on an error, revoke or modify any displayed offer, limit quantities or availability, and suspend or discontinue any Web Service or feature.

Availability of the Web Services, Membership products, Network Benefits, and Provider-related inventory may be affected by maintenance, outages, cyber incidents, acts of God, weather, natural disasters, public health events, labor disruptions, governmental actions, vendor failures, telecommunications failures, software defects, travel disruptions, inventory changes, or other events beyond WGA’s reasonable control.

Section 13. Privacy and Data Practices

WGA’s collection, use, disclosure, sharing, storage, and protection of personal information through the Web Services is governed by the WanaGetAway Privacy Notice, which is incorporated into these Terms of Use by reference.

By using the Web Services, you acknowledge that WGA may collect and process information as described in the Privacy Notice and may share information with service providers, Providers, payment processors, fraud prevention vendors, technical vendors, customer support providers, and other parties as necessary to operate the Web Services, administer accounts, process transactions, provide Membership-related services, comply with legal obligations, and protect rights and safety.

Providers and third parties may have separate privacy practices, notices, cookies, technologies, and data handling rules. WGA is not responsible for Provider privacy practices or data handling except to the extent required by applicable law. You are responsible for reviewing the privacy policies and data terms applicable to any Provider service or third-party site you use.

Section 14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SERVICES, THE WEBSITE, THE MY ACCOUNT PAGE, ALL CONTENT, ALL USER SUBMISSIONS, ALL THIRD-PARTY LINKS, ALL SINGLE SIGN-ON FUNCTIONALITY, AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

WGA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, PERFORMANCE, OR THAT THE WEB SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, CURRENT, COMPATIBLE, OR FREE OF HARMFUL CODE.

WITHOUT LIMITING THE FOREGOING, WGA DOES NOT WARRANT OR REPRESENT THAT:

THE WEB SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, SECURE, OR FUNCTIONAL;

ANY CONTENT, PRICING, INVENTORY, PROVIDER INFORMATION, OR BENEFIT DESCRIPTION IS COMPLETE, ACCURATE, OR CURRENT;

ANY DEFECT OR ERROR WILL BE CORRECTED;

ANY LOGIN, ACCOUNT LINKING, OR SINGLE SIGN-ON FEATURE WILL OPERATE WITHOUT INTERRUPTION;

ANY PROVIDER WILL HONOR ANY DISPLAYED INVENTORY, RATE, OR BENEFIT;

ANY BOOKING, PAYMENT, OR COMMUNICATION WILL BE SUCCESSFULLY COMPLETED; OR

THE WEB SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

WGA IS NOT RESPONSIBLE FOR ANY DELAY, INTERRUPTION, FAILURE, LOSS, OR DAMAGE CAUSED BY EVENTS BEYOND WGA’S REASONABLE CONTROL, INCLUDING NETWORK FAILURES, PROVIDER FAILURES, CYBERATTACKS, INTERNET OUTAGES, PAYMENT PROCESSOR FAILURES, GOVERNMENTAL ACTIONS, LABOR ISSUES, WEATHER EVENTS, NATURAL DISASTERS, PANDEMICS, EPIDEMICS, CIVIL DISTURBANCES, OR OTHER FORCE MAJEURE EVENTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

Section 15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WGA AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE WEB SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WGA SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATING TO: (A) PROVIDER ACTS OR OMISSIONS; (B) PROVIDER TERMS, PROVIDER PRIVACY PRACTICES, OR PROVIDER SYSTEM FAILURES; (C) ERRORS, DELAYS, OR INTERRUPTIONS IN THE WEB SERVICES; (D) UNAUTHORIZED ACCESS NOT CAUSED BY WGA’S FAILURE TO USE COMMERCIALLY REASONABLE MEASURES WHERE REQUIRED BY LAW; (E) USER SUBMISSIONS; (F) THIRD-PARTY CONTENT OR LINKS; OR (G) EVENTS BEYOND WGA’S REASONABLE CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WGA FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEB SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID DIRECTLY TO WGA FOR THE APPLICABLE WEB SERVICES OR YOUR MEMBERSHIP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW.

Section 16. Indemnification

You agree to defend, indemnify, and hold harmless WGA and its affiliates, members, managers, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

your access to or use of the Web Services;

your breach or alleged breach of these Terms of Use or any other applicable Network Materials;

your violation of any law, regulation, or third-party right;

your fraud, negligence, willful misconduct, or misuse of the Web Services;

your User Submissions, including any allegation that a User Submission infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other right; or

your Unauthorized Access, credential sharing, account misuse, or actions taken through your User Account or Login Credentials.

WGA may assume the exclusive defense and control of any matter subject to indemnification by you, at WGA’s own expense, and you agree to cooperate with WGA in the defense of that matter.

Section 17. Arbitration Agreement, Class Action Waiver, Governing Law, and Venue

17.1 Arbitration Agreement and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Web Services, your User Account, any online enrollment, any online transaction, any electronic communication, or any relationship between you and WGA shall be resolved in accordance with the dispute resolution, arbitration, class action waiver, and related provisions set forth in the WanaGetAway Terms & Conditions, which are incorporated into these Terms of Use by reference to the fullest extent permitted by law.

If you are a Member, the arbitration agreement, class action waiver, procedures, opt-out rights if any, small claims carve-out if any, and related provisions in the WanaGetAway Terms & Conditions control.

If you are not a Member but use the Web Services, you agree that any such dispute shall be resolved by binding individual arbitration on a non-class, non-collective basis, administered in a manner consistent with the dispute resolution framework outlined in the WanaGetAway Terms & Conditions to the fullest extent permitted by law, and you waive any right to participate in a class action, collective action, representative action, consolidated action, class arbitration, or private attorney general action. Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies under the applicable rules.

17.2 Governing Law

These Terms of Use and any dispute arising out of or relating to these Terms of Use or the Web Services shall be governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflict of law principles, except to the extent preempted or otherwise required by applicable law.

17.3 Venue for Non-Arbitrable Matters

To the extent any claim is permitted to proceed in court rather than arbitration, or to the extent court involvement is required to enforce an arbitration award or compel arbitration, the exclusive venue and jurisdiction shall be the state or federal courts located in Orange County, Florida, and you consent to the personal jurisdiction of those courts.

Section 18. Changes to the Web Services and These Terms of Use

WGA may, at any time and in its sole discretion, add, modify, replace, suspend, limit, discontinue, or remove any part of the Web Services, features, functionality, content, design, interfaces, technical integrations, access methods, or supported devices, without advance notice except where required by law.

WGA may also revise these Terms of Use from time to time. Updated versions may be posted through the Website, your My Account page, or other Web Services and may indicate a revised effective date or last updated date. To the fullest extent permitted by law, your continued use of the Web Services after updated Terms of Use become effective constitutes your acceptance of the revised Terms of Use.

If applicable law requires notice or additional consent for a particular change, WGA will provide such notice or seek such consent in the manner required by law.

Section 19. Contact Information and Notices

Section 20. General Provisions

These Terms of Use, together with the other applicable Network Materials, constitute the entire agreement between you and WGA with respect to your use of the Web Services and supersede prior or contemporaneous understandings relating specifically to the Web Services, except that the WanaGetAway Terms & Conditions, Checkout Disclosures, My Account page, Provider Terms, and UGC Terms continue to govern the subjects assigned to them under Section 2.

No waiver by WGA of any provision or right under these Terms of Use shall operate as a continuing waiver or a waiver of any other provision or right. Any waiver must be in writing and signed by an authorized representative of WGA unless applicable law provides otherwise.

If any provision of these Terms of Use is held to be invalid, illegal, unenforceable, or incapable of being enforced to any extent, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms of Use without WGA’s prior written consent. WGA may assign, transfer, delegate, subcontract, or otherwise transfer any or all of its rights or obligations under these Terms of Use to any affiliate, subsidiary, successor, assignee, purchaser, service provider, or other designee in connection with a merger, acquisition, reorganization, sale, financing, transition, or other business transfer.

Section headings are for convenience only and do not affect interpretation. As used in these Terms of Use, “including” means “including without limitation.”

Any provisions that by their nature should survive termination, expiration, suspension, or discontinuation of the Web Services or your User Account shall survive, including provisions relating to intellectual property, User Submissions, disclaimers, limitations of liability, indemnification, arbitration, governing law, venue, enforcement, and general provisions.

Your use of the Web Services does not create any partnership, joint venture, agency, fiduciary, employment, or franchise relationship between you and WGA.

By using the Web Services, you acknowledge that you have read, understood, and agree to these Terms of Use.