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Terms of Use

WHAT YOU SHOULD KNOW
Welcome to the RCI VIP Getaway  web site (the "Web Site") controlled and operated by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) (referred to herein as: "RR", "We", "Our", or "Us"). The goal of this Web Site is to provide you and/or Your Customers (referred to herein as “You” or “Your”) with easy access to rental accommodations that meet Your travel needs. This Web Site is offered to You, conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein ("the Terms"). Your use of this Web Site constitutes Your agreement to the Terms. Please read the Terms carefully before using this Web Site. You may use this Web Site and the services and/or products offered hereunder as long as You comply with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE. In accordance with Our goals, this Web Site may permit You to link to many other web sites, that may or may not be affiliated with this Web Site and/or RR, and that may have web site terms and conditions that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the web site terms and conditions and policies of those sites, not this Web Site.

MODIFICATION OF THE TERMS
The Terms may change without further notice to You, and it is Your responsibility to check the Terms each time You use this Web Site. RR reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site You have agreed to be bound by the Terms that are in effect at the time of Your use of this Web Site.

PRIVACY POLICY
The RCI VIP Getaway privacy policy (“Privacy Policy”) describes what information We gather, how We use it, and how You may correct or change Your information. For the details of RCI VIP Getaway /RR's Privacy Policy, please review RCI VIP Getaway/RR's full Privacy Policy by clicking here.

OWNERSHIP, TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by RR, LLC, 14 Sylvan Way, Parsippany, NJ 07054. All content on this Web Site including, but not limited to, text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by RR or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed 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. RR grants You a limited, non-transferable license to use this Web Site in accordance with the Terms. You may only use this Web Site to make legitimate reservations or purchases and shall not use this Web Site for any other purpose, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand. You may print a copy of the content and/or information contained herein for Your personal, non-commercial use only, but You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by email or other electronic means) for commercial use without the prior written consent of RR. You may request consent by faxing a request to RR's General Counsel at 973-753-6207. Without the prior written consent of RR, Your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owner of the Web Site and/or the Provider and is prohibited. As a condition to Your use of this Web Site, You warrant to RR that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms including, without limitation, the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice to You. RR retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on Your web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site including, but not limited to, any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of RR.

USER'S RESPONSIBILITIES
You are solely responsible for Your Information, and We act as a passive conduit for the online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any information or data that is generated by this Web Site as a result of Your use of this Web Site. You are solely responsible for maintaining the confidentiality of Your account information and any identification numbers or codes (collectively, "User ID's"), confirmation numbers, and/or passwords provided to You (as applicable) in the use of this Web Site. You agree to accept responsibility for all activities that occur under Your account, User ID's, confirmation numbers, and/or passwords. You agree to keep such User ID's, confirmation numbers, and/or passwords confidential and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your User ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of a User ID, confirmation number, or password upon Your knowledge or belief that such User ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred. You represent and warrant that You are of sufficient legal age and possess the legal authority to use this Web Site in accordance with the Terms herein and to create binding legal obligations for any liability You may incur as a result of Your use of this Web Site. You understand and agree that You are financially responsible for all uses of this Web Site by You and those using Your login information. You also warrant that all information supplied by You and by those using Your login information is true, accurate, current, and complete. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web Site.

PROHIBITED ACTIVITIES
You are specifically prohibited from any using this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) to take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques; (b) to disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or to use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) to upload, post, email or otherwise transmit any Information, content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) to violate any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; and (f) to use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy web pages from this Web Site, or content on this Web Site without Our prior written permission, provided that generally available third party Web browsers such as Mozilla Firefox ® and Microsoft Internet Explorer ® may be used without such permission.

INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or in part) worldwide, provided that such use is subject to the terms of Our Privacy Policy.

LINKS
Please exercise discretion while browsing the Internet and using this Web Site. You should be aware that when You are using this Web Site, You could be directed to other sites that are beyond Our control ("Linked Sites") which are operated by parties other than RR. The Linked Sites are provided for Your convenience and information only. For example, if You "click" on a banner advertisement or a search result, the "click" may take You off this Web Site. This includes, but is not limited to, links from advertisers, sponsors, and content partners that may use Our logo(s) as part of a co-branding agreement. RR does not control such Linked Sites and is not responsible for or liable for Your use of such Linked Sites or for the accuracy or legality of information, content or any other materials contained on or available from Linked Sites. As such, You access the Linked Sites at Your own risk. By providing these links, RR is not endorsing, sponsoring or recommending any such Linked Sites or the information, content or other materials contained on, disseminated by, or services provided by or through them (whether or not RR is affiliated with the owners of such Linked Sites). RR makes no representations concerning the content of Linked Sites. Linked Sites may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your use of Linked Sites through links provided on this Web Site is governed by the terms of use, privacy policies and/or any other policies of the Linked Sites, not this Web Site. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of Your web site by RR, or its affiliates or Providers. RR reserves the right to disable links from any third party sites to the Web Site.

DISCLAIMER OF WARRANTIES AND LIABILITY
THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, RR AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES, ERRORS OR MISREPRESENTATIONS RELATING TO THE CONTENT AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE PROVIDERS. RR, ITS AFFILIATES, AND/OR THEIR RESPECTIVE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY RR OR ITS AFFILIATES. ALL SUCH CONTENT, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY 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 AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER WE, NOR OUR AFFILIATES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANTS THAT THE FUNCTIONS 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. WE DO 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 INFORMATION, CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. PROVIDERS ARE INDEPENDENT ENTITIES AND NOT AGENTS OR EMPLOYEES OF RR OR ITS AFFILIATES. RR AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM ANY ACTION ASSOCIATED WITH A PROVIDER.

LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT RR, ITS AFFILIATES OR PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER RR, NOR ITS AFFILIATES (NOR ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR ANY OTHER FORM OF LEGAL OR EQUITABLE REMEDY, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE (OR ANY OTHER LINKED SITE), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE (OR ANY OTHER LINKED SITE), OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RR, ITS AFFILIATES, AND/OR THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RR, ITS AFFILIATES AND THE PROVIDERS 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 DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RR, ITS AFFILIATES AND THE PROVIDERS ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, RR'S, ITS AFILIATES' AND THE PROVIDERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION HEREWITH OR ASSOCIATED HEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless RR and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any third party claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs, or expenses, of any kind or nature including, but not limited to, reasonable attorneys' fees, resulting from any violation by You of these Terms or Your use of this Web Site.

THIRD PARTY RIGHTS
These Terms are for the benefit of RR and its Providers, its and their officers, directors, employees, affiliates, 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.

JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by RR from its offices in Parsippany, NJ. RR makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. If use of this Web Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in Your jurisdiction(s), You are not authorized to view or use this Web Site and must exit immediately. Your viewing and/or use of this Web Site constitutes Your representation that You are unconditionally and without limitation permitted to view and use this Web Site and RR may rely upon such representation. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey as they are applied to agreements entered into and to be performed entirely within such state. Any action You, any third party or RR brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or federal courts located in New Jersey and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ADDITIONAL 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 You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to RR 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: We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.
Reservations confirmed hereunder ("Confirmations") are valid only if issued by RR. Upon receipt, please check all of the details in the Confirmation and notify Us immediately if anything is incorrect, as changes to any aspect of the Confirmation may be treated by RR and the Providers as a cancellation.
You may place a hold on a particular accommodation for a period of up to 24 hours without confirming such accommodation. If You do not confirm the particular accommodation within such time period, the hold will be released and the accommodation will be available for confirmation by others.
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 and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.
You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities. You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider of accommodation.
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 Us.
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.
We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company. Destinations and travel times are subject to availability and confirmed on a first come, first served basis. RR's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.
If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perisls 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; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) 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 Our power to concede.
RR AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL.

NON-CANCELLATION POLICY
All reservations are final, non-refundable and non-cancellable, unless otherwise prohibited by law.

ENTIRE AGREEMENT
These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between RR, its affiliates, and You with respect to this Web Site and Your use of this Web Site. As such, these Terms (as modified by Us, from time to time) will be deemed to supersede any prior or contemporaneous communications and proposal, whether electronic, oral or written, between RR, its affiliates, and you with respect to this Web Site or Your use of this Web Site or future communications, whether electronic, oral or written, between You and RR. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTS
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. 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 site;
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 are authorized to act on the copyright owner's behalf. 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:
Intellectual Property - Legal
Wyndham Destinations, Inc.
6277 Sea Harbor Drive, Orlando, FL 32821
Telephone Number of Designated Agent: (407) 626-2018
Facsimile Number of Designated Agent: (407) 626-5193
Email Address of Designated Agent: copyright.violations@wyn.com

SELLER OF TRAVEL DISCLOSURES
California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. RR, LLC is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. RR, LLC has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

Nevada:

RECOVERY FUND FOR CONSUMERS
DAMAGED BY SELLERS OF TRAVEL
You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
SOUTHERN NEVADA:
1850 East Sahara Avenue, Suite 101
Las Vegas, Nevada 89104
Phone: 702-486-7355
Fax: 702-486-7371
ncad@fyiconsumer.org
NORTHERN NEVADA:
4600 Kietzke Lane
Building B, Suite 113
Reno, Nevada 89502
Phone: 775-688-1800
Fax: 775-688-1803
renocad@fyiconsumer.org

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 managing broker is DONALD J. KILLINGBACK. All Rights Reserved.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY RR.

© Resort Rental, LLC. All Rights Reserved.

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RVC TERMS AND CONDITIONS

Welcome to the Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) ("RR") (an affiliate of RCI, LLC “RCI”)) Web site ("Web Site"). RR provides and makes available this Web Site subject to the following terms of use ("Terms"). These Terms explain a contractual agreement between you ("user," "you," "your") and RR regarding your use of this Web Site. You should print a copy of these Terms for your records. Please note, however, that RR may update and amend these Terms from time to time as RR deems necessary in its sole discretion.

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 managing 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 herin 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. Upgrades may be available, except where prohibited by law. 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 1-877-776-1655 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: 14 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 managing broker is Donald J. Killingback.

CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. Resort Rental, LLC is registered with the State of Florida as a Seller of Travel. 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.

Cancellation for Washington:

You have a right to cancel your purchase of a Resort Vacation Certificate (“Certificate”)
within thirty (30) days of the date of purchase or your receipt of the Certificate, whichever
occurs later, by requesting such cancellation in writing and returning the original
Certificate to the address below. You may also have the right to cancel at any time if the
accommodations or facilities are unavailable, if certain statutory terms and conditions
are met. We will send you a full refund within thirty (30) days from the date we receive
your notice of cancellation, together with the Certificate,
Resort Rental, LLC
14 Sylvan Way, Parsippany, NJ 07054
Attn: SVP Endless Vacation Rentals
CC: General Counsel

 

Cancellation for New York:

 YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE
BUSINESS DAYS FROM THE RECEIPT OF THIS DISCLOSURE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS
CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR SEND A TELEGRAM TO:
Resort Rental, LLC,
14 Sylvan Way, Parsippany, NJ 07054
Attn: SVP of Endless Vacation Rentals
cc: General Counsel
NOT LATER THAN MIDNIGHT OF THE THIRD DAY AFTER RECEIPT OF THIS DISCLOSURE
____________________________
(Date)
I HEREBY CANCEL THIS TRANSACTION
(Date)
____________________________

 

Cancellation for Hawaii:

You have a right to cancel your purchase of a Resort Vacation Certificate (“Certificate”)
within thirty (30) days of the date of purchase or your receipt of the Certificate, whichever
occurs later, by requesting such cancellation in writing and returning the original
Certificate to the address below. You may also have the right to cancel at any time if the
accommodations or facilities are unavailable, if certain statutory terms and conditions
are met. We will send you a full refund within thirty (30) days from the date we receive
your notice of cancellation, together with the Certificate,
Resort Rental, LLC
14 Sylvan Way, Parsippany, NJ 07054
Attn: SVP Endless Vacation Rentals
CC: General Counsel

 

Cancellation for California:

You have a right to cancel your purchase of a Resort Vacation Certificate (“Certificate”)
within thirty (30) days of the date of purchase or your receipt of the Certificate, whichever
occurs later, by requesting such cancellation in writing and returning the original
Certificate to the address below. You may also have the right to cancel at any time if the
accommodations or facilities are unavailable, if certain statutory terms and conditions
are met. We will send you a full refund within thirty (30) days from the date we receive
your notice of cancellation, together with the Certificate,
Resort Rental, LLC
14 Sylvan Way, Parsippany, NJ 07054
Attn: SVP Endless Vacation Rentals
CC: General Counsel

 

Cancellation for Nevada

:You have a right to cancel your purchase of a Resort Vacation Certificate (“Certificate”)
within thirty (30) days of the date of purchase or your receipt of the Certificate, whichever
occurs later, by requesting such cancellation in writing and returning the original
Certificate to the address below. You may also have the right to cancel at any time if the
accommodations or facilities are unavailable, if certain statutory terms and conditions
are met. We will send you a full refund within thirty (30) days from the date we receive
your notice of cancellation, together with the Certificate,
Resort Rental, LLC
14 Sylvan Way, Parsippany, NJ 07054
Attn: SVP Endless Vacation Rentals
CC: General Counsel

 

Cancellation for Florida:

FLORIDA CANCELLATION CLAUSE
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE
DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.
YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR FACILITIES ARE NOT AVAILABLE
PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST
NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BYRETURNING THE CERTIFICATE AND
SENDING NOTICE TO:
RESORT RENTAL, LLC
14 SYLVAN WAY
PARSIPPANY, NJ 07054
ATT: SVP ENDLESS VACATION RENTALS
CC: GENERAL COUNSEL
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT
This contract is for the purchase of a vacation certificate and puts all assignees on notice of the consumer's right to cancel under
section 559.933, Florida Statutes.

 

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, 14 Sylvan Way, Parsippany, New Jersey 07054.

©2015 Resort Rental, LLC. All rights reserved.

 

 

WEB SITE TERMS OF USE

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.

This Web Site will permit you to link to many other web sites that may or may not be affiliated with this Web Site and/or with RR. Section 7 below contains additional information about these other linked web sites. These other linked web sites, including the web sites of RR's affiliated companies, as well as the web sites of RR'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 web sites through links provided on this Web Site are not governed by these Terms but, instead, are governed by the terms of use and policies of those web sites, and RR disclaims any and all responsibility for your access to and use of such linked web sites.

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.

2. PRIVACY

Registration data and certain other information about you that you may submit or provide to RR through this Web Site is subject to RR's Privacy Policy. For more information about RR's use and protection of your information, please review RR's Internet Privacy Policy.

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.

          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 Web Site;

          Your address, telephone number, and e-mail 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:

Intellectual Property - Legal
Wyndham Destinations, Inc.
6277 Sea Harbor Drive, Orlando, FL 32821
Telephone Number of Designated Agent: (407) 626-2018
Facsimile Number of Designated Agent: (407) 626-5193
Email Address of Designated Agent: copyright.violations@wyn.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.

You are solely responsible for the content, accuracy and your use of your Information and RR 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 Web Site and any information or data that is generated by this Web Site as a result of your use of or access to this Web Site. Certain special rules and restrictions may apply to your Personally Identifiable Information. For more information regarding these special rules and restrictions please review RR'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 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

With respect to all Information you elect to post to publicly accessible areas of the Web Site, you agree that RR 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 RR's Internet Privacy Policy.

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.

12. INDEMNIFICATION

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.

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between RR (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.

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 managing 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, 14 Sylvan Way, Parsippany, New Jersey 07054.

©2017 Resort Rental, LLC. All Rights Reserved

 

 

 

 

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