NOTICE TO USER AND AMENDMENTS.
All Content on this Web Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio and video clips (collectively "Intellectual Property"), is the property of RVC or the Providers, and is or may be protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States, Canadian or Mexican and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by RVC and RVC's 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 RVC. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for User's personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among RVC's other users of this Web Site, or the general public. User abides herein by all additional copyright notices, information, or restrictions contained in or with any Content.
Users may not utilize 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. Furthermore Users may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of RVC, or otherwise include into a third party's Web site any of the Content or other materials on this Web Site, without RVC's express prior written consent. Users may not deep link to any page of portions of this Web Site without RVC's prior written consent. Users may, however, create or provide a hypertext link or hyperlink to the home page of this Web Site provided that Users do not make or attribute to RVC, its affiliated or related entities, their correspondent directors, officers, shareholders, employees, representatives, agents or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of RVC, or its affiliated or related entities or Providers without prior express consent in writing by RVC.
User acknowledges 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 a violation of trademark and copyright laws, which it is also considered intentional Infringement. Therefore, such violations may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws.
User warrants and represents that User will not use this Web Site for any purpose that is unlawful, illegal or prohibited by these Terms, including, but not limited to 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 User violates any of these Terms, User's permission to use this Web Site shall immediately be terminated with no prior notice required. RVC, 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 violations are described in more detail herein below. User is solely responsible for the content, accuracy and use of User's own Information, and RVC is just a passive conduit for online distribution and publication of User's Information. As used in these Terms, "Information" means any information or data that User submit to or through this Web Site and any information or data that is generated by this Web Site as a result of User's use of or access to this Web Site.
In the event that User is provided with a user identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) while visiting this Web Site, User shall keep such user ID's, confirmation numbers, and/or passwords confidential and shall not distribute or disclose the same to third parties. User shall notify RVC if User requires a change or discontinuation any of User's ID's, confirmation numbers, or passwords. It is also User's responsibility to immediately request discontinuation of an ID, confirmation number, or password upon User's knowledge or belief that such ID, confirmation number, and/or password has been stolen or has been used by another entity/individual without User's authorization. RVC may suspend or terminate User's service or access to this Web Site if RVC believes that such a theft or unauthorized use or any other breach of these Terms, has occurred.
User represents that any Information provided by User to RVC shall be true, accurate, current and complete. In the event that User provides RVC with any Information that is untrue, inaccurate, not current or incomplete, or if RVC have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, RVC has the right to suspend or terminate User's access and activity relating to, and to refuse any and all current or future use of, this Web Site.
User hereby acknowledges and agrees that RVC may retain Information in its files, and may also disclose such 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 RVC's business, parent, affiliated, subsidiaries, or related entities, its shareholders, directors, officials, employees, representatives, agents, providers, Users, and the public.
User is not authorized to any use of this Web Site, and agrees not to use or permit third parties 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 RVC'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 try to access RVC'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 the User), or log into a server or account that the User is 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) Cause interference 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 RVC's 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 modifying or rerouting any Content or services provided at this Web Site;
f) Attempt to bypass or destabilize system or network security or probe the security of any system, network, or account, associated or used in conjunction with this Web Site; and
g) Upload, post, email or otherwise transmit any Information, Content, or proprietary rights of which User does not have a right to transmit under the Terms, or under any law or other contractual or fiduciary relationship.
This Web Site may contain links to third-party or Provider Web sites not under RVC's control or operation (the "Linked Sites"). These links allow the User to leave this Web Site and be directed to and access the Linked Sites, which User accesses at User's own risk. Furthermore, User acknowledges that RVC provides the Linked Sites for User's exclusive information and convenience. RVC does not endorse, nor is 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 RVC may be affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to RVC's express consent in writing, User may not establish a hyperlink to this Web Site from User's personal web site or the Linked Sites, or provide any links that state or imply any sponsorship or endorsement of User's personal web site or the Linked Sites by RVC or the Providers.
Any and 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, RVC disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither RVC, nor its parent, affiliated, related, or subsidiary entities, its shareholders, directors, officials, employees, representatives, agents, nor the Providers, nor any person involved in the creation, production, hosting 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 User's exclusive information and convenience. RVC 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 merchandise provided or acquired pursuant to User's use of this Web Site. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties or providers which also includes the Linked Sites, are those of the respective authors or distributors of such information and content. User's use of this Web Site is at User's own risk. User solely assumes the entire cost of all the necessary servicing, including but, not limited to User's internet connection, and the repair or correction of User's own computer, network and system.
JURSDICTION AND GOVERNING LAW
With the exception of the Linked Sites, over which RVC holds no authority or control, RVC manages this Web Site from RVC's offices located in the State of Texas (which may be subject to change from time to time at RVC's sole discretion). This Web Site can be accessed from all 50 states, as well as from other countries around the world. By accessing this Web Site, User agrees that these Terms and User's use of the Web Site shall be governed in all respect by the internal substantive laws of the State of Texas, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. User further agrees to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of Texas for all disputes, cases and controversies regarding this Web Site, User's use of this Web Site, and User's relationship with RVC. Furthermore, RVC 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 or 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 they reside.
RVC reserves its right to report any wrongdoing by User at any time, to any applicable government or law enforcement agencies. User acknowledges and accepts User's duty to indemnify, defend and hold RVC, its parent, affiliates, subsidiaries, its corresponding shareholders, directors, officers, employees, representatives, agents and the Providers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind, including but not limited to legal fees, resulting from User's use of this Web Site, User's breach of any provision of these Terms and any negligent acts, omissions or intentional wrongdoing by User.
BLOGS AND MESSAGES POSTED
In the event that RVC provides message boards, web logs or blogs, or discussion forums on this Web Site (the "Forums"), User agrees to use the Forums only for personal purposes in a noncommercial manner. User shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. User agrees that any uploaded materials may be republished without compensation to User or any other person or entity. In addition, User warrants that all moral rights in any uploaded materials have been waived. While RVC does not and cannot review every message posted by any User in the Forums, and although RVC is not responsible for these messages, RVC reserves the right (but not the obligation) to delete, move, or edit messages that we, in RVC's sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. RVC does not endorse any information that may be posted on this Web Site through the Forums.
Furthermore, User agrees to 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, User also acknowledges that User may not rely on any Content RVC creates or information submitted to RVC by third parties, including but not limited to information in the Forums, and in all other parts of this Web Site.
The Terms herein were created for for the benefit of RVC and the Providers, our and their respective parents, affiliates, subsidiaries and related entities and its corresponding shareholders, officers, directors, employees, representatives, agents, licensors, and suppliers. Each of these individuals and entities shall have the right to assert and enforce these Terms directly against the User on its (or their own) behalf. RVC's failure to act with respect to a breach of these Terms by User or others does not waive RVC's right to act with respect to subsequent or similar breaches.
Everything herein represents a commercial relationship between User and RVC. However, RVC is not User's agent or fiduciary. Not all resorts that are part of Raintree Vacation Club are wholly owned by RVC or its affiliates and may be independently owned and/or operated by third parties. In such cases, these third parties manage and operate the facilities, and they are the employers of all employees and contractors who work at such facilities. These third parties are independent of RVC and its affiliated entities and no agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship is intended or created by these Terms.
Additional terms and conditions may apply to reservations made, purchases of goods and services, and other uses of portions of this Web Site, and User agrees to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to RVC and its affiliated entities on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:
RVC reserves the right to retract any offer made on this Web Site or reject any offer received by RVC for any reason. Prices and availability of any accommodations are subject to change without notice to User.
Reservations confirmed hereunder (the "Confirmation") are valid only if issued by RVC. Upon receipt, please check all of the details in the Confirmation and notify RVC immediately if anything is incorrect, as changes to any aspect of the Confirmation may be treated by RVC as a cancellation.
The total number of people occupying any accommodation must not exceed the maximum occupancy of the particular accommodation set forth in the Confirmation; otherwise, and at the sole discretion of the applicable resort, access may be refused or the applicable resort may levy additional charges.
User is solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort for the use of amenities and facilities.
User and his/her guests must occupy and use any accommodation in a responsible, careful, and secure manner. User is responsible for any acts and omissions that may result in any damage, theft, or loss caused by User or his/her guests while using the accommodation. User must be at least twenty-one (21) years of age to confirm accommodations on this Web Site.
Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to RVC at [add Houston address and Member Services e-mail address].
A Confirmation may not be used for any commercial purpose, including the rental or sale of the accommodation, which is represented by such Confirmation. A Confirmation may only be used by the person whose name(s) appears on the Confirmation.
RVC reserves the right to cancel User's Confirmation if payment for or pertaining to any accommodation is rejected by User's bank or credit card company.
Destinations and travel times are subject to availability and confirmed on a first come, first served basis. RVC's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Taxes, additional fees and charges may apply. Promotional discounts and offers may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offers void where prohibited by law.
If RVC should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations, due to an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, or quarantine, an action by a governmental authority which prevents or delays the performance of RVC's obligations hereunder; or a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within the power of RVC or its affiliates to concede, beyond RVC's reasonable control, (all of theses events may be summarized under the term of "Event of Force Majeure") then RVC shall be excused from further performance and no refund of any amounts paid by User will be made and User hereby waives any and all claims against RVC.