General Terms and Conditions: You are ordering a Resort Vacation Certificate by Endless Vacation Rentals® (“Certificate(s)”) valid for accommodations for a one-week (7 nights) stay at an RCI-affiliated resort (“Resort(s)”) which is made available by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) (“RR”) (an affiliate of RCI, LLC (“RCI”)), an Indiana-licensed limited liability company, whose principal broker is Donald J. Killingback. Offer only available to residents in the United States (excluding Puerto Rico) and Canadian residents in the provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island and Saskatchewan.
All orders for Certificate(s) (“Order”) shall be made by you in the form posted on the Web Site and pursuant to the prices and terms and conditions set forth hereunder, in addition to your written contract with RR (“Resort Vacation Certificate Purchase Agreement”), the terms of which are incorporated herein and made a part hereof. You acknowledge and agree that all Certificate(s) made available to you by RR shall be used by you for promotional or marketing purposes only and may not be sold or redeemed for cash or other consideration.
Prices are subject to change without notice.
Additional terms and conditions set forth below and on the Certificate(s) itself shall apply and shall be incorporated herein.
Certificate(s) Terms and Conditions: Travel must be booked on or before the “Expiration Date” (Book by Date) imprinted on the Certificate(s). Certificate(s) expire 365 days from date of purchase. Destinations and travel times are subject to availability and confirmed on a first come, first served basis. Reservations must be made at least two (2) days prior to the check-in date. Certificate(s) travel is not available during most U.S. holiday weeks, “spring break” weeks and peak-demand summer weeks. Available Resort(s) subject to change without notice. Offer includes accommodations only and specifically excludes travel costs and other expenses that may be incurred. Some Resort(s) require that an all-inclusive fee be paid and you, your guest or any third party recipient of the Certificate (collectively referred to herein as “Guest(s)”) that redeems the Certificate(s) shall be responsible for such charges, in addition to any additional charges and/or terms and conditions imposed by the applicable Resort(s). All-inclusive fees typically range from $50 to $300 USD per person per night. RR and its affiliates are not responsible for any applicable taxes, fees or charges. All confirmations (i.e., bookings of accommodations using the Certificate(s)) are final and non-refundable. No changes may be made after confirmation. Certificate(s) is not redeemable for cash and cannot be cancelled or exchanged for refund, except as required by law. Certificate(s) may be transferred as a gift, or without payment or consideration, but cannot be used for any commercial purpose, including rental or sale. Certificate(s) is void if sold for cash or other consideration. Unredeemed Certificate(s) has no value. RR is not responsible for lost or stolen Certificate(s). Photocopies of Certificate(s) will not be honored. Promotional discounts and offers may not apply to all properties. Other restrictions may apply. Offer void where prohibited by law.
Upgrade your Resort Vacation Certificate. ONLY AVAILABLE TO RESIDENTS OF THE USA (excluding PUERTO RICO) AND THE CANADIAN PROVINCES OF ALBERTA, BRITISH COLUMBIA, MANITOBA, NEW BRUNSWICK, NEWFOUNDLAND, NOVA SCOTIA, ONTARIO, PRINCE EDWARD ISLAND AND SASKATCHEWAN. End User may upgrade its Certificate to gain access to and reserve a one-week (seven consecutive nights) stay at additional vacation options for a payment typically ranging between $50 USD to $1,000 USD, depending upon the accommodation and date selected. End User will receive its Certificate Upgrade email confirmation upon receipt by RR of the applicable additional payment. End User must obtain the Certificate Upgrade at the time it makes a reservation at the selected property. All other terms and conditions apply.
Attendance at a sales presentation is not required.
Resort(s) Terms and Conditions: Only the person booking the Resort(s) may check in at the Resort(s). Must be 21 years of age or older. Guest(s) under 21 must be accompanied by parent, relative or guardian 25 years of age or older. You and/or Guest(s) must use the confirmed accommodations in a responsible and careful manner. You and/or Guest(s) are responsible for injury, damage, theft or loss caused by you and/or Guest(s) on the premises or facilities of the Resort(s). You and/or Guest(s) must comply with all rules and requirements of the Resort(s). Following booking, RR shall provide you and/or Guest(s) with a written confirmation of the reservation which must be presented to the Resort(s) at the time of check-in. Maximum unit occupancy restriction set by Resort(s) must be observed.
Additional Terms and Conditions
This order (“Order”) is an offer by you to enter into an agreement on the terms hereof for the purchase of Certificate(s) (“Agreement”). This Order, when accepted by RR becomes the Agreement between you and RR.
This Agreement governs the relationship of the Parties concerning its subject matter, and supersedes all previous communications, representations, proposals, understandings, and agreements, either oral or written, unless otherwise stated hereinabove. This Agreement cannot be modified or amended except by agreement in writing, signed by RR and you. Notwithstanding any payment thereof, any invoice statements, purchase orders or other statements originating with you or your agents shall not satisfy the requirement of the preceding sentence. Conditions stated by you regarding the Order placed hereunder shall not affect this Agreement, and shall not be binding on RR if in conflict with, or in addition to, any of the provisions of this Agreement, unless expressly agreed to in writing by RR.
You agree that all trade names, trademarks, and copyrights of, or in use by, RR shall remain the sole exclusive property of RR or its licensor and that no rights are created in, nor shall inure to the benefit of, you. You further agree not to use or reproduce any trade names or trademarks of RR or any RCI-affiliated Resort(s) or belonging or licensed to RR, in any sales or promotional materials without the prior express written authorization of RR or the Resort(s), as applicable.
You further agree that by placing an Order, RR and/or its affiliates including RCI, LLC may, from time to time, send you information about their products, services and/or promotions. To Opt-Out, please call 1-866-280-7823 or email us at RVCInquiries@rci.com and we will remove your name from our list.
Force Majeure: RR and its affiliates shall not be in default if failure to perform any obligation hereunder is caused by supervening conditions beyond RR’s control, including acts of God, civil commotion, strikes, terrorism or threatened terrorism, labor disputes, epidemics or outbreaks of sickness of national or international importance, such as Severe Acute Respiratory Syndrome (“SARS”), or governmental demands or restrictions (“Force Majeure Event”). In the event a Resort(s) week becomes unavailable due to a Force Majeure Event, you and/or Guest(s) will not receive a refund or alternate accommodation and you and/or Guest(s) hereby waive any related claims against RR or its affiliates.
LIMITATION OF LIABILITY: RR DOES NOT CONTROL THE RESORT(S) AND IS NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF THE RESORT(S). IF YOU AND/OR GUEST(S) SHOULD INCUR INJURY, LOSS OR DAMAGE THROUGH USE OF THIS CERTIFICATE(S) (WHETHER DIRECTLY OR INDIRECTLY), RR'S LIABILITY SHALL BE LIMITED TO THE FEES PAID TO RR TO PURCHASE THE CERTIFICATE(S) AND IN NO EVENT SHALL RR BE LIABLE FOR CONSEQUENTIAL, INCIDENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS CERTIFICATE(S), EVEN IF RR HAS BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).
Notices: All notices hereunder shall be in writing and be deemed to have been duly given (a) when delivered by hand, (b) one (1) business day after being given to an express overnight courier, (c) when sent by confirmed facsimile, with a copy sent by another means under this section, or (d) five (5) days after the day of mailing, when mailed by certified or registered mail, return receipt requested, postage prepaid, and addressed to the respective parties as set forth on the Order form or at such other address as may be designated by a party in writing. With respect to notices to RR, you shall also mail a copy to the RR Global Legal Team at the following address: 7 Sylvan Way, Parsippany, New Jersey 07054.
This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of New Jersey without regard to conflicts of laws principles. Any legal proceeding of any nature brought by either party against the other to enforce any right or obligation under this Agreement, or arising out of any matter pertaining to this Agreement, shall be submitted for trial, without jury, before the state courts located in Morris County, New Jersey and the United States District Court for the District of New Jersey. The parties consent and submit to the non-exclusive personal jurisdiction of any such court and agree to accept service of process outside the State of New Jersey in any matter to be submitted to any such court pursuant hereto. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION RELATED TO THIS AGREEMENT OR THE RELATIONSHIP BETWEEN YOU AND RR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (with the exception of Florida residents).
Miscellaneous: (a) You and RR agree that neither party is the legal representative or agent of, or has the power to obligate (or has the right to direct or supervise the daily affairs of) the other for any purposes whatsoever. No partnership, joint venture, agency, fiduciary, or employment relationship is intended or created by reason of this Agreement. (b) You agree to maintain (and if requested by RR, provide evidence of) insurance coverage with a reputable insurer in such amounts and types as commercially reasonable and customary with respect to your line of business; and agree to defend, indemnify, and hold harmless RR, its officers, directors, employees, and affiliates from and against any and all claims, demands, judgments, damages, suits, losses, costs, penalties, expenses (including reasonable attorneys’ fees), and liabilities of any kind or nature whatsoever arising out of or related to the acts or omissions under this Agreement, including but not limited to, the sale of Certificate(s). (c) Neither you nor RR shall, by mere lapse of time, without giving notice thereof, be deemed to have waived any breach by the other party of any of the provisions of this Agreement. The waiver by either RR or you of a particular breach of this Agreement shall not be construed as or constitute a continuing waiver of such breach or of other breaches of the same or other provisions of this Agreement. (d) Titles and headings are used for ease of reference only and do not affect the interpretation hereof. (e) If any part, term, or provision hereof shall be held illegal, unenforceable, or in conflict with any applicable law or regulation, the validity of the remaining portions or provisions hereof shall not be affected thereby. In such event, the parties shall make a good faith attempt to formulate a substitute lawful and enforceable provision to replace the offending provision that, to the extent practicable, accomplishes the intent and objectives of the offending provision. (f) No modification or waiver of any provision hereof shall be binding unless agreed to in writing by both parties.
Resort Vacation Certificates are made available by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) an Indiana-licensed limited liability company, whose principal broker is Donald J. Killingback.
CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. Fla. Seller of Travel Reg. No. ST-36515. Nevada Seller of Travel Registration No. 2006-0006. Washington Seller of Travel Reg. No.602560941. Call 1-866-280-7823 for Web Site Terms and Conditions and Additional Disclosures or go to www.resortcerts.com.
Cancellation policy for FL, WA, NY, HI or CA residents.
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Endless Vacation Rentals® and related marks are registered trademarks and/or service marks in the United States and internationally. All rights reserved.
Resort Rental, LLC, 7 Sylvan Way, Parsippany, New Jersey 07054.
©2013 Resort Rental, LLC. All rights reserved.
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE
The primary goal of this Web Site is to provide you with access to information about RR'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 Web Site, and your access to and use of this Web Site signifies your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. RR reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of this Web Site, 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 RR 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 WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
You should note that these Terms contain additional disclaimers and limitations on RR'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 Web Site.
3. USE OF THIS WEB SITE & INTELLECTUAL PROPERTY RIGHTS
RR controls and (either itself and/or through its third party hosts) operates this Web Site. All Content on this Web Site, 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 RR 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 RR, 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 RR. Content on this Web Site or any web site 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 RR's customers, other users of this Web Site, 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 Web Site 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 e-mail or other electronic means) for commercial use without the prior written consent of RR or the Providers. You may request consent by faxing a request to RR's Legal Department at 973.753.6207. Your modification of the Content, use of the Content on any other linked web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of RR 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 Web Site, 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 RR, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site, without RR's express prior written consent. You may not deep link to any page of portions of this Web Site without RR's prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of this Web Site provided that you do not make or attribute to RR, 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 RR, its affiliated or related entities or Providers without RR'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 Web Site, 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 Web Site in a way that constitutes copyright infringement, please provide RR's Agent for Notification of Claims of Copyright Infringement the information specified below.
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
22 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: email@example.com
4. USER'S RESPONSIBILITIES
You warrant and represent to RR that you will not use this Web Site 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 Web Site immediately terminates without the necessity of any notice. RR, at its sole discretion, retains the right to deny access to this Web Site 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.
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 Web Site, 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 RR if RR 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. RR may suspend or terminate your service or access to this Web Site 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 RR has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), RR 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 Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this Web Site, 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 Web Site'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 e-mailing 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 RR'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 RR'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 Web Site;
(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 Web Site or RR'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 Web Site;
(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 Web Site;
(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 RR's Web Site pages or the Content in violation of the Terms or without RR'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 WEB SITE
You acknowledge and agree that RR 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 RR's business, employees, Providers, affiliated or related entities, users, and/or the public.
7. LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to third-party or Provider web sites not under RR's control or operation (the "Linked Sites"). The links will let you leave this Web Site and be directed to and access the Linked Sites, which you access at your own risk. You acknowledge that RR provides the Linked Sites for your convenience and information only. RR 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 RR is affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to RR's express written consent, you may not establish a hyperlink to this Web Site from your Web site or the Linked Sites, or provide any links that state or imply any sponsorship or endorsement of your web site or the Linked Sites by RR or the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site 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 RR (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 Web Site or the Linked Sites.
9. NO WARRANTIES
ALL CONTENT, PRODUCTS AND SERVICES ON THIS WEB SITE 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, RR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER RR, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THIS WEB SITE 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 WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. RR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
RR IS A DISTRIBUTOR, AND NOT A PUBLISHER, OF THE INFORMATION AND CONTENT AT THIS WEB SITE. RR 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 WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT RR) 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 RR, 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 WEB SITE, 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 RR (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.
RR'S LIABILITY, AND THE LIABILITY OF RR'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 RR 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, RR 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 WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RR 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 RR AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
11. GOVERNING LAW AND JURISDICTION
RR operates this Web Site (excluding Linked Sites, over which it has no authority or control) from its offices within the State of New Jersey (which may be subject to change from time to time at RR's sole discretion). The Web Site 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 New Jersey, by accessing this Web Site, you agree that these Terms and your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of New Jersey, 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 the State of New Jersey for all disputes, cases and controversies regarding this Web Site, your use of this Web Site, and your relationship with RR. RR makes no representation that materials on this Web Site 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 Web Site 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.
RR 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 RR 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 Web Site, 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 RR: (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. RR shall be entitled to participate in such defense at its own cost and expense.
13. MESSAGE BOARDS
In the event that RR provides message boards, web logs or blogs, or discussion forums on this Web Site (the "Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without RR'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 RR does not and cannot review every message posted by you or any other user in the Forums, and although RR is not responsible for these messages, RR 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. RR does not endorse any information that may be posted on this Web Site 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 RR creates or information submitted to RR by third parties, including without limitation, information in the Forums, and in all other parts of this Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of RR 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. RR's failure to act with respect to a breach by you or others does not waive RR'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 RR are dealing at arms' length, creating a commercial relationship. RR is not your Agent or your fiduciary. Many of RR'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.
Any rights not expressly granted herein are reserved by RR.
This inventory is made available by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX), an Indiana-licensed limited liability company, whose principal broker is Donald J. Killingback. All Rights Reserved.
Endless Vacation Rentals and related marks are registered trademarks and/or service marks in the United States and internationally.
This is an offer to sell travel.
Resort Rental, LLC, 7 Sylvan Way, Parsippany, New Jersey 07054.
©2013 Resort Rental, LLC. All Rights Reserved.