Welcome to this Wyndham Vacation Ownership, Inc. ("WVO")
website ("website"). WVO provides and makes available this
website subject to the following terms of use ("Terms"). These Terms explain a
contractual agreement between you ("user," "you," "your") and WVO regarding your
use of this website. You should print a copy of these Terms for your records.
Please note, however, that WVO may update and amend these Terms from time to
time as WVO deems necessary in its sole discretion.
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE
The primary goal of this website is to provide you with access to information
about WVO's businesses, facilities, services, products, and related links to
meet your needs with respect to these businesses, facilities, services and
products (the "Content"). These Terms are meant to protect all of the visitors
to and users of this website, and your access to and use of this website
signifies your agreement with these Terms. DO NOT USE THIS WEBSITE IF
YOU DO NOT AGREE WITH THESE TERMS. WVO reserves the right, in its sole
discretion, to modify, alter or otherwise update these Terms, or to change or
delete any features of this website, at any time. Such modifications,
alterations, and updates to the Terms shall be effective immediately upon
posting. You agree to be bound by such modified, altered and updated Terms if
you access or use this Web Site after WVO has posted notice of such
modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF
THE MODIFIED , ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEBSITE
AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
This website will permit you to link to many other websites that may or may not
be affiliated with this website and/or with WVO. Section 7 below contains
additional information about these other linked Web sites. These other linked
websites, including the websites of WVO's affiliated companies, as well as the
websites of WVO's third party content providers, merchants, business partners,
sponsors and licensors (collectively the "Providers"), may have
different terms of use that are not the same as these Terms. Your access
to and use of such linked websites through links provided on this website are
not governed by these Terms but, instead, are governed by the terms of use and
policies of those website, and WVO disclaims any and all responsibility for your
access to and use of such linked websites.
You should note that these Terms contain additional disclaimers and limitations
on WVO's liability, which can be found in Sections 9 and 10 below. Please read
these carefully and make sure that you understand them before continuing with
your use of this website.
2. PRIVACY
Registration data and certain other information about you that you may submit or
provide to WVO through this website is subject to WVO's
Internet Privacy Policy.
For more information about WVO's use and protection of your information, please
review WVO's Internet Privacy Policy.
3. USE OF THIS WEBSITE & INTELLECTUAL PROPERTY RIGHTS
WVO controls and (either itself and/or through its third party hosts) operates
this website. All Content on this website, including, but not limited to, text,
images, illustrations, graphics, logos, digital downloads, data, software,
headers, icons, scripts, audio clips, and video clips, is the property of WVO or
its Providers, and is protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by and subject to United
States and international copyright laws and treaty provisions, privacy and
publicity laws, and communication regulations and statutes). The Content is
owned and controlled by WVO, its affiliated or related entities, or the
Providers that have licensed or otherwise made available their content or the
right to market their products and/or services to WVO. Content on this website
or any website owned, operated, licensed or controlled by the Providers is
solely for your personal, non-commercial use, and may not be used in any manner
that is likely to cause confusion among WVO's customers, other users of this
website, or the general public. You agree to abide by all additional copyright
notices, information, or restrictions contained in or with any Content.
You may download or make a single copy of any Content contained on this website
solely for your personal, non-commercial use, consistent with these Terms,
provided that you maintain all copyright and other notices contained in or with
such Content. Except as otherwise specified above, you may not copy, reproduce,
duplicate, republish, upload, post, transmit, distribute, sell and/or exploit
the Content in any way (including by email or other electronic means) for
commercial use without the prior written consent of WVO or the Providers. You
may request consent by faxing a request to WVO's Legal Department
at 407.370.5222. Your modification of the Content, use of the Content on any
other linked website or networked computer environment, or use of the Content
for any purpose other than personal, non-commercial use, without the prior
written consent of WVO or the Providers, violates the intellectual property
rights and proprietary rights of the Content owners and is strictly prohibited.
You may not use any registered or unregistered trademarks, service marks,
copyrighted materials or other proprietary information or intellectual property
appearing on this website, including, but not limited to, any logos, images or
characters, and also including any meta tags or similar code or hidden text or
elements containing such information or property, without the express written
consent of the owner of the mark or copyright. You may not frame any trademarks,
service marks, copyrights, logos, images, text, or other proprietary information
or intellectual property of WVO, or otherwise incorporate into another website
any of the Content or other materials on this website, without WVO's express
prior written consent. You may not deep link to any page of portions of this
website without WVO's prior written consent. You may, however, create or provide
a hypertext link or hyperlink to the home page of this website provided that you
do not make or attribute to WVO, its affiliated or related entities or Providers
any false, misleading, defamatory, libelous, derogatory, or offensive
statements. Any such link cannot include any logos, graphics or trademarks of
WVO, its affiliated or related entities or Providers without WVO's express prior
written consent.
Violation of trademark and copyright laws ("Infringement") may result in
significant civil liability or criminal penalties under United States and/or
international copyright and trademark laws. You recognize that any reproduction
or use of Content, copyrights, trademarks, service marks, or other intellectual
property on this website, except as authorized by these Terms, is considered
intentional Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this website in a
way that constitutes copyright infringement, please provide WVO's Agent for
Notification of Claims of Copyright Infringement the information specified
below.
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on
the website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
Written notification containing the information set forth above must be
submitted to the following Agent for Notice of Claims of Copyright Infringement:
Susan L. Crane
Wyndham Worldwide Corporation
7 Sylvan Way
Parsippany, NJ 07054
Telephone Number of Designated Agent: (973) 753-6667
Facsimile Number of Designated Agent: (973) 753-6620
Email Address of Designated Agent: copyright.violations@wyndhamworldwide.com
4. USER'S RESPONSIBILITIES
You warrant and represent to WVO that you will not use this website for any
purpose that is unlawful, illegal or prohibited by these Terms, including,
without limitation, the sending, posting, transmitting, displaying,
distributing, or knowingly receiving of or searching for any threatening,
harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually
oriented, pornographic, or profane material, content or images, or other images,
content or messages that might be considered lewd, lascivious, excessively
violent or otherwise offensive. If you violate any of these Terms, your
permission to use this website immediately terminates without the necessity of
any notice. WVO, at its sole discretion, retains the right to deny access to
this website to anyone for any reason, including for violation of these Terms.
Some of these types of violations are more fully described below in Section 5.
You are solely responsible for the content, accuracy and your use of your
Information, and WVO merely acts as a passive conduit for your online
distribution and publication of your Information. As used in these Terms,
"
Information" means any information or data that you submit to or through this
website and any information or data that is generated by this website as a
result of your use of or access to this website. Certain special rules and
restrictions may apply to your Personally Identifiable Information. For more
information regarding these special rules and restrictions please review WVO's
Internet Privacy Policy.
In the event that you are provided with user identification numbers or codes
(collectively, "ID's"), confirmation numbers, and/or passwords (as applicable)
in the use of this website, you shall maintain such user ID's, confirmation
numbers, and/or passwords in confidence, and you agree not to distribute or
disclose the same to third parties. It is your responsibility to notify WVO if
WVO needs to change or discontinue any of your ID's, confirmation numbers, or
passwords. It is also your responsibility to immediately request discontinuation
of an ID, confirmation number, or password upon your knowledge or belief that
such ID, confirmation number, and/or password is or may be subject to theft,
unauthorized use or access, or a breach of confidentiality. WVO may suspend or
terminate your service or access to this website if it believes that such theft,
use, access or breach, or any other breach of these Terms, has occurred.
You agree that any Information that you provide will be true, accurate, current
and complete. If you provide any Information that is untrue, inaccurate, not
current or incomplete (or WVO has reasonable grounds to suspect that such
Information is untrue, inaccurate, not current or incomplete), WVO has the right
to suspend or terminate your access and activity relating to, and to refuse any
and all current or future use of, this website.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this website, and you agree not
to use or permit others to use this website, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large
load on, or waste of valuable time for, the website's infrastructure or
resources, including, but not limited to, sending or promoting the distribution
of "spam," "junk mail," chain letters, or other such unsolicited or unlawful
mass emailing techniques;
(b) disclose to, or share with, any unauthorized third parties the ID's,
assigned confirmation numbers and/or passwords, or use the ID's, assigned
confirmation numbers and/or passwords for any unauthorized purpose, or otherwise
allow or facilitate others to gain access to WVO's information technology
systems, environments, networks, files, data or accounts through the use of the
ID's, assigned confirmation numbers and/or passwords;
(c) access or attempt to access WVO's information technology systems,
environments, networks, files, data or accounts to which express authorization
has not been obtained (including access to data not intended for You), or log
into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse
engineer any of the software or HTML code comprising or in any way making up a
part of this website;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with,
disrupt, disable or damage), in an unauthorized manner, the use or operation of
this website or WVO's, its affiliated or related entities' or the Providers'
systems, equipment or applications, or service to any user, host, or network,
including by use of any programs, scripts, commands, viruses, worms, web bugs,
harmful code, Trojan horses, other contaminants, or otherwise. This includes
"denial of service" attacks, "flooding" of networks, deliberate attempts to
overload a service or to burden excessively a service's resources, attempts to
"crash" a host, and/or modifying or rerouting any Content or services provided
at this website;
(f) attempt to circumvent or subvert system or network security (i.e.,
authentication) mechanisms, or probe the security of any system, network, or
account, associated or used in conjunction with this website;
(g) upload, post, email or otherwise transmit any Information, Content, or
proprietary rights that you do not have a right to transmit under the Terms, any
law or other contractual or fiduciary relationships; and/or
(h) use any robot, spider, intelligent agent, meta-searching, other automatic
device, or manual process to search, monitor or copy WVO's website pages or the
Content in violation of the Terms or without WVO's prior written permission,
provided that generally available third party Web browsers such as Netscape
Navigator® and Microsoft Internet Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEBSITE
With respect to all Information you elect to post to publicly accessible areas
of the website, you agree that WVO has the right to use, reproduce, copy,
modify, publish, distribute, perform and display such Information (in whole or
part) on worldwide basis; provided that such use is in accordance with the terms
of WVO's Internet Privacy Policy.
You acknowledge and agree that WVO may preserve Information, and may also
disclose Information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Terms; (c) respond to claims that any Information
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of WVO's business, employees, Providers, affiliated or related
entities, users, and/or the public.
7. LINKS TO THIRD PARTY WEBSITES
This website may contain links to third-party or Provider websites not under
WVO's control or operation (the "
Linked Sites"). The links will let you leave
this website and be directed to and access the Linked Sites, which you access is
at your own risk. You acknowledge that WVO provides the Linked Sites for your
convenience and information only. WVO does not endorse, nor is it responsible
for, any content, information, or other related materials, products or services
found at any such Linked Sites or any links contained within such Linked Sites,
whether or not WVO is affiliated with the owners of such Linked Sites. Except as
otherwise specified in these Terms or pursuant to WVO's express written consent,
you may not establish a hyperlink to this website from your website or the
Linked Sites, or provide any links that state or imply any sponsorship or
endorsement of your website or the Linked Sites by WVO or the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through this website or any Linked Sites, including
payment for and delivery of related goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings, are
solely between you and such advertisers.
You agree that WVO (and its affiliated
or related entities and the Providers) shall neither be responsible nor liable
for any loss or damage incurred by you as the result of any such dealings or as
the result of the presence of such advertisers on or through this website or the
Linked Sites.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE
WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY
LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WVO DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WVO, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS
WEBSITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS
PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WVO DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY
CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE
OF THIS WEBSITE.
WVO IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT
THIS WEBSITE. WVO HAS NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND
CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE,
STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE
BY THIRD PARTIES OR PROVIDERS (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE
RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH INFORMATION AND CONTENT.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU (AND NOTWVO) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WVO, ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS, NOR ANY
OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING
OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER
WVO (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
WVO'S LIABILITY, AND THE LIABILITY OF WVO'S AFFILIATED OR RELATED ENTITIES
AND/OR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO
THE LESSER OF (A) THE AMOUNT OF FEES, IF ANY, YOU PAY TO WVO IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. SOME STATES MAY NOT
ALLOW FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU.
BY WAY OF EXAMPLE ONLY, WVO AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WVO IS NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
THE LIMITATIONS SPECIFIED IN THIS SECTION 10 WILL SURVIVE AND APPLY EVEN IF ANY
LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE
BENEFIT OF WVO AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
11. GOVERNING LAW AND JURISDICTION
WVO operates this website (excluding Linked Sites, over which it has no
authority or control) from its offices within the State of Florida (which may be
subject to change from time to time at WVO's sole discretion). The website can
be accessed from all 50 states, as well as from other countries around the
world. As each of these places has laws that may differ from those of Florida,
by accessing this website, you agree that these Terms and your use of the
website shall be governed in all respect by the internal substantive laws of the
State of Florida, without regard to any conflict of laws provisions, and shall
not be governed by the United Nations Convention on the International Sale of
Goods. You further agree to submit to the exclusive jurisdiction and venue in
the state and federal courts located in Orange County, Florida, and the Middle
District of Florida, Orlando Division, respectively, for all disputes, cases and
controversies regarding this website, your use of this website, and your
relationship with WVO. WVO makes no representation that materials on this
website are appropriate or available for use in other locations, and accessing
them from territories where the Content is illegal is prohibited. Those who
choose to access this website from other locations do so at their own risk and
are responsible for compliance with local laws, including laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
12. INDEMNIFICATION
WVO reserves the right to report any wrongdoing, if and when it becomes aware of
it, to any applicable government or law enforcement agencies. You agree to
indemnify, defend and hold WVO and the Providers, its and their officers,
directors, employees, affiliated or related entities, agents, licensors, and
suppliers, harmless from and against any and all claims, demands, actions,
costs, liabilities, losses and damages of any kind (including attorneys' fees)
resulting from your use of this website, your breach of any provision of these
Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any
such indemnification shall be conditioned on WVO: (a) notifying you in writing
of any such claim, demand, action, cost, liability, loss or threat of any
thereof; (b) cooperating with you in the defense or settlement thereof; and (c)
allowing you to control such defense or settlement. WVO shall be entitled to
participate in such defense at its own cost and expense.
13. MESSAGE BOARDS
In the event that WVO provides message boards, web logs or blogs, or discussion
forums on this website (the "Forums"), you agree to use the Forums only for
personal purposes in a noncommercial manner. You shall not, without WVO's
express approval, distribute or otherwise publish any material containing any
solicitation of funds, advertising, or written solicitation for goods and
services. You agree that any uploaded materials may be republished without
compensation to you or any other person or entity. In addition, you warrant that
all moral rights in any uploaded materials have been waived. While WVO does not
and cannot review every message posted by you or any other user in the Forums,
and although WVO is not responsible for these messages, WVO reserves the right
(but not the obligation) to delete, move, or edit messages that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation of copyright or
trademark laws, in violation of these terms, or otherwise unacceptable. WVO does
not endorse any information that may be posted on this website through the
Forums.
You agree that you must evaluate, and bear all risks associated with, the use of
any messages, information, or Content associated with the Forums, including any
reliance on the accuracy, completeness, or usefulness of such messages,
information, or Content. In this regard, you acknowledge that you may not rely
on any Content WVO creates or information submitted to WVO by third parties,
including without limitation, information in the Forums, and in all other parts
of this website.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of WVO and the Providers, its and their
officers, directors, employees, affiliated or related entities, agents,
licensors, and suppliers. Each of these individuals or entities shall have the
right to assert and enforce these Terms directly against you on its (or their
own) behalf. WVO's failure to act with respect to a breach by you or others does
not waive WVO's right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are for
reference purposes only.
You and WVO are dealing at arms' length, creating a commercial relationship. WVO
is not your Agent or your fiduciary. Many of WVO's businesses and facilities may
be independently owned and operated by independent franchisees and licensees. In
such cases, these franchisees and licensees manage and operate the facilities,
and they are the employers of all employees and contractors who work at the
facilities. These franchisees are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between WVO (including the Providers),
its affiliated or related entities, and You, and supersede any prior agreements
or understandings not incorporated herein. In the event that any inconsistencies
exist between these Terms and any future published terms of use or
understanding, the last published Terms shall prevail.
WYNDHAM VACATION OWNERSHIP, INC., RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR
STATED IN THESE TERMS.