1.1. Welcome to the All Resort Store web site (the “Web Site”) controlled and operated by Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) (referred to herein as “RR”, “We”, “Our”, “Us” or “All Resort Store”). The goal of this Web Site is to provide you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with easy access to Your All Resort Store membership benefits offered by RR (except where specified, both Standard Memberships (later defined) and Paid Memberships (later defined) may be collectively referred to herein as “Membership”).
1.2. These All Resort Store Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between All Resort Store and You.
1.3. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN THE TERMS OF YOUR MEMBERSHIP. IN PARTICULAR, PLEASE SEE SECTIONS 16 AND 17, BELOW, WHICH REQUIRE DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND AFFECTS YOUR ABILITY TO BRING A CLAIM IN COURT AND PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.
1.4. From time to time, All Resort Store products and services may be fulfilled by either an affiliate of RR or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with RR or its affiliates (collectively referred to herein as “Provider(s) ”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through All Resort Store, including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").
1.5. By purchasing products and services through All Resort Store, Member acknowledges and agrees to be bound by these Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).
1.6. Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through All Resort Store of the contents of these Terms and Conditions and all applicable Provider Terms
2. ELIGIBILITY
2.1. All Resort Store is open to all approved employees and personnel who are not otherwise barred from participating by applicable laws or regulations, such as the prohibition of the inclusion of individuals who appear on the U.S. Department of the Treasury’s Office of Foreign Access Control’s Specially Designated Nationals list. All Resort Store reserves the right to verify, or require proof of eligibility in order to obtain a Membership, and any fraudulent or wrongful information provided in order to obtain such Membership, could result in the suspension or cancellation of such Membership or bookings. All Resort Store reserves the right to alter these eligibility requirements at any time.
2.2. Members are responsible for reading and understanding these Terms and Conditions, as well as the All Resort Store Privacy Policy, and any other communications from RR about the All Resort Store program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any All Resort Store services, a Member acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Members understand that All Resort Store does not control the privacy practices of these Providers. If a Member has any questions about the All Resort Store program or these Terms and Conditions, the Member should contact All Resort Store Customer Service at 866-539-1922. If a Member has any questions about the All Resort Store Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should consult the Privacy Policy.
2.3. By accepting any All Resort Store’s services, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify All Resort Store if they are not eligible to receive any services at any time.
3. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION
3.1. All Resort Store is offered and fulfilled by a licensed Florida entity, Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX), whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, License Number: CQ1059961. California: Exchange CST-204655-50. Registration as a seller of travel does not constitute approval by the State of California. RR 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 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 cancelled 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. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.
4. PROVISION OF INFORMATION
4.1. Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While All Resort Store makes reasonable efforts to ensure that this information is accurate and complete, All Resort Store expressly disclaims liability for inaccurate, incomplete, or misleading information.
5. MODIFICATIONS OF THE TERMS AND CONDITIONS
5.1. These Terms and Conditions and Membership benefits are subject to change at any time at the sole discretion of All Resort Store without prior notice to Members (except where required by law). By enrolling into All Resort Store, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.
5.2. All Resort Store may from time to time change prices and any other fees applicable to Your Membership. All Resort Store will inform You of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or proceed with cancellation. Subject to applicable law, You accept the new price by continuing to use or otherwise receive the benefits of the Membership after the price change effective date; provided that, You may always reject the price change by canceling Your Membership as set forth herein (See Sections 12 below).
6. NO COMMERCIAL USE
6.1. Membership purchases, benefits and transactions are for personal use only and may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.
7. All Resort Store’S ROLE
7.1. Member and All Resort Store are dealing at arms’ length, creating a commercial relationship. All Resort Store is not Member’s agent or Member’s fiduciary. By purchasing products and services through All Resort Store, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and All Resort Store. In addition, Member acknowledges and agrees that nothing herein shall create any joint, single, or integrated employer relationship between any Member and RR or All Resort Store.
7.2. In connection with products or services not directly supplied and fulfilled by All Resort Store, All Resort Store is acting as an intermediary for the Provider of any such product or service, and for any Provider in selling such services, or in accepting reservations or bookings for such services.
8. AVAILABILITY
8.1. All products and services offered through All Resort Store are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through All Resort Store. Member participation may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to All Resort Store.
9. PRICES AND RATES
9.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay All Resort Store for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.
10. CURRENCY
10.1. All fees and charges are payable in United States Dollars (USD).
11. PAYMENT
11.1. All Resort Store memberships, products, and services may be purchased with any participating valid credit or debit card.
11.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.
11.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, All Resort Store will make reasonable efforts to contact Member, but All Resort Store reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call All Resort Store customer service at 866-539-1922.
12. STANDARD MEMBERSHIP ENROLLMENT AND CANCELLATION
12.1. STANDARD MEMBERSHIP – Payment of enrollment fees will not be required for a standard membership in All Resort Store (“Standard Membership”).
12.2. Standard Memberships can be cancelled at any time. Member may cancel a Standard Membership by calling toll-free: 866-539-1922.
12.3. If you cancel Your Standard Membership, cancellation may be effective immediately. Please note that upon termination or cancellation of Your Standard Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend on the terms and conditions associated with the booking.
13. PREMIUM PAID MEMBERSHIP ENROLLMENT
13.1. RR, in its sole discretion, may introduce a premium paid version of All Resort Store.
14. LIMITATION OF LIABILITY
14.1. All Resort Store SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All Resort Store’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF All Resort Store, WILL BE LIMITED TO THE FEES PAID BY MEMBER TO All Resort Store, FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL All Resort Store BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO All Resort Store, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF All Resort Store.
15. DISCLAIMER OF WARRANTIES
15.1. ALL OF OUR CONTENT, PRODUCTS, AND SERVICES PROVIDED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES WE PROVIDE, THE OPERATION OF OUR PROGRAM, OUR WEB SITE, OR THE ACCURACY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS WE PROVIDE YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT OUR PROGRAM OR WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE OR ITS SERVERS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE, BOOKINGS OR RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT AFFECTS A TRAVEL BOOKING, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
15.2. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL PROVIDED BY All Resort Store TO YOU, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, SERVICES, TEXT, AND GRAPHIC OR VIDEO CONTENT.
15.3. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY, OR GUARANTEE IS MADE:
15.3.1 REGARDING THE ACCEPTANCE OF ANY REQUEST;
15.3.2 THAT YOU WILL RECEIVE THE LOWEST POSSIBLE PRICE FOR THE PRODUCTS, SERVICES, OR GOODS WE ADVERTISE OR YOU PURCHASE;
15.3.3 REGARDING THE AVAILABILITY OF PRODUCTS, SERVICES, AND GOODS ADVERTISED BY All Resort Store;
15.3.4 REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING OUR PRODUCTS OR SERVICES.
15.3.4 REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USING OUR PRODUCTS OR SERVICES.
15.3.5 WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS (COLLECTIVELY, THE “ACTIVITIES”). INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.
16. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
16.1. MEMBER AND All Resort Store AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER MEMBER NOR All Resort Store WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR All Resort Store ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND All Resort Store FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, All Resort Store, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
16.2. IF THE CLASS ACTION WAIVER HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.
17. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.
17.1. Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and Our parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) to be conducted in Orange County, Florida, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Orange County, Florida. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.
17.2. The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA“) and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.
17.3. Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Florida without regard to its choice of law and conflict of law rules.
17.4. The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.
17.5. The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Orange County, Florida.
17.6. Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award.
17.7. Notwithstanding this Dispute Resolution Policy, All Resort Store may as necessary apply to a court of competent jurisdiction in Orange County, Florida to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.
17.8. Judgment upon the arbitral award or decision may be entered by the court of competent jurisdiction located in Orange County, Florida, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.
18. GOVERNING LAW
18.1. These Terms and Conditions, and the Booking Rules shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against All Resort Store, or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a Member or Member’s guest initiates an action at law or in equity and All Resort Store prevails, that Member or Member’s guest shall pay all costs incurred by All Resort Store defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.
19. INDEMNIFICATION
19.1. You agree to defend, indemnify and hold harmless RR and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of RR’s websites, memberships, or services.
20. SEVERABILITY
20.1. No waiver of these Terms and Conditions by RR shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of RR to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
21. AGE RESTRICTIONS
21.1. Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.
22. GEOGRAPHIC LIMITATIONS
22.1. Unless otherwise specified, All Resort Store and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States. If You access All Resort Store from locations outside the United States, You do so at Your own risk and You are responsible for compliance with any applicable local laws.
23. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
23.1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording
23.2. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is true and accurate. You verify that You are the current subscriber or owner of any telephone number that you provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.
23.3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, Your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. You also agree that We may obtain, and You expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by You directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to Your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if You cancel Your account or terminate Your relationship with Us, except if You opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services.
23.4. Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.
23.5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message You receive. For help, text HELP. You acknowledge and agree that You may receive a text message confirming Your opt-out. To opt-out of automated telephone calls (but not text messages), call 866-539-1922. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls, We reserve the right to make non-automated calls to You relating to Your account, any transaction, account collections, or otherwise relating to Your relationship with Us. Your obligations under this Section shall survive termination of these Terms and Conditions.
