Effective Date: January 1, 2022
Notice: This agreement is subject to arbitration pursuant to the South Carolina Uniform Arbitration Act, Section 15-48-10 et seq. of the Code of Laws of South Carolina.
Any dispute between you and Capital Vacations, LLC (“CV ”), except disputes resolved in small claims court, is subject to a class action waiver and must be resolved by individual binding arbitration as described in Section 13 of these Terms. Please read the arbitration provision in Section 13 below carefully as it affects your rights.
Your failure to follow and abide by these terms may result in immediate suspension or termination of your access to the website in addition to our other remedies.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, internet, and other equipment and/or services needed for access to and use of the Website and all charges related thereto.
Third-Party Content and Links to Third-Party websites:
Purchases on the Website or via links to third-party websites.
Additional terms and conditions may apply to purchases of goods or services on this Website or via links to third-party websites, including reservations, bookings, upgrades, exchanges, rewards programs or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website for any service offered on or through the website, the latter terms shall control with respect to your use of that portion or the specific service.
Restrictions On Use:
Disclaimer of Warranty; Limitation of Liability:
CV shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, CVshall have the right to remove any material that it in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You hereby indemnify, defend and hold CV, its parent company, and their respective affiliates, owners, partners, subsidiaries, members, officers, directors, affiliates, and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with these Terms, the services or products provided to you by the Website or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of CV or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with these Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of CV, or otherwise incorporate into another Website any of the content or other materials on this Website, without CV's express prior written consent. You may not hyperlink or deep link to any page of portions of this Website without CV 's prior written consent. You may not make or attribute to us, our affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on this Website, except as authorized by these Terms, is considered intentional infringement of CV's intellectual property rights.
CV also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
CV has the right at any time to change or modify the terms and conditions applicable to use of the Website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Binding arbitration and class action waiver:
Electronic Communications Privacy Act notice (18 U.S.C. 2701-2711):
CV makes no guaranty of confidentiality or privacy of any communication or information transmitted on the website or any website linked to the website. CV will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the website, or otherwise connected with your use of the website.
In the event that we provide message boards, web logs or blogs, or discussion forums on this Website ("Boards"), you agree to use the Boards only for personal purposes in a noncommercial manner. You shall not, without CV's express written 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 we do not and cannot review every message posted by you or any other user in the Boards, and although we are not responsible for these messages, we reserve the right (but not the obligation) to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. CV does not endorse any information that may be posted on this Website through the Boards. You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or content associated with the Boards, 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 we create or information submitted to us by third parties, including without limitation, information in the Boards, and in all other parts of this Website.
By using and accessing this Website, you represent and warrant that you have the legal right, power and authority to agree to these Terms on behalf of yourself and the member, buyer or supplier, as applicable, participating in the Website. You further agree that your use of the Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated these Terms and acknowledged and agreed that these Term constitute an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
Notice and Procedure for Making Claims of Copyright Infringement:
If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Designated Agent for Notification of Claims of Copyright Infringement the information specified below. In order to be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:
Written notification containing the information set forth above must be submitted to the following Designated Agent for Notice of Claims of Copyright Infringement: Capital Vacations Global Exchange, LLC, Attn: General Counsel, 2024 Corporate Centre Drive, Suite 101, Myrtle Beach, South Carolina 29577.
Your device may be location-enabled, meaning that the device is capable of accessing content or services that make use of a user's location using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. In the event the Website use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
CV operates this Website (excluding the Linked Sites, over which we have CV has authority or control) from its offices within the State of South Carolina (which may be subject to change from time to time at our sole discretion). The Website can be accessed from all 50 states, as well as from other countries outside the United States. By accessing this Website, you agree that these Terms and your use of the Website shall be governed in all respect by the internal substantive laws of the State of South Carolina, 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 that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of South Carolina for all disputes, cases and controversies regarding this Website, your use of this Website, and your relationship with CV. We make 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 Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside.
These Terms are for the express benefit each of CV, its parent company, and their affiliates, and subsidiaries and the Providers and the Providers, and each of their respective officers, directors, employees, affiliates, agents, or any person or entity involved in the creation, production, distribution and/or hosting of the Website. 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. CV's failure to act with respect to a breach by you or others does not waive CV'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. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination, including, but not limited to, the restrictions, disclaimers, limitations, and rules regarding dispute resolution and arbitration.