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Vacation Idea User Agreement

PLEASE READ THE USER AGREEMENT BEFORE USING VACATIONIDEA.COM. BY CONTINUING TO USE VACATIONIDEA.COM, YOU AGREE TO ABIDE BY THESE USAGE RULES.

Please also see our Privacy Policy and Affiliate Disclosure which govern the use of this website.

VacationIdea.com (a VacationIdea LLC web site) Copyright, Trademark and Permissions Rules
All materials appearing in VacationIdea.com are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of VacationIdea LLC, its affiliates and/or third parties providing the content. Parts of the material on VacationIdea.com are authored by third parties and are owned by those respective third parties. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database. However you may download from VacationIdea.com such content for your own personal, noncommercial use. You may not alter or remove any copyright or other notice from copies of the content. Copying or storing any content except as provided above is strictly prohibited. TRADEMARKS: Product and company names mentioned herein may be trademarks of their respective owners.

Disclosure: Third party advertisers may compensate us for ads placed on the site (for example banner ads or affiliate links).

Exclusion of Warranty, Liability
THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE OWNER OF THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE. We warrant neither that access to VacationIdea.com will be uninterrupted nor that material appearing thereon will be error-free. There may be delays, omissions, or interruptions and inaccuracies in the information, news or other materials available through VacationIdea.com. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to VacationIdea.com or any information or goods that are available on, or advertised or sold through, VacationIdea.com. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on VacationIdea.com or available through links from VacationIdea.com


When you visit this site, you are both agreeing to be bound by these terms and conditions and representing that you are of legal age to form a binding contract. Please refrain from using our services, accessing our websites, or registering if you do not wish to be bound by these terms.


User agrees to indemnify, defend and hold Owner and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers harmless from any liability, loss, claim, and expense, including lawyer's fees and expenses, related to a User's violation of this Agreement or use of the Web site.
All responsibility or liability for any damages caused by viruses contained within the electronic files or at the site is disclaimed.

We reserve the right to correct any errors or omissions appearing on VacationIdea.com. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials on VacationIdea.com, we do not guarantee or warrant that VacationIdea.com or materials that may be downloaded from VacationIdea.com do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on VacationIdea.com and any materials available through VacationIdea.com, you do so solely at your own risk.

The material on VacationIdea.com may include information submitted by third parties, including without limitation customers, users and suppliers, and may also contain links to third party sites. VacationIdea.com is not responsible for such third party content. VacationIdea.com does not evaluate or endorse any third party information. It is your responsibility to evaluate all information provided on VacationIdea.com. Linking to any other service or site from VacationIdea.com is at your sole risk. Further, VacationIdea.com does not represent that the material on VacationIdea.com is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the material.

Exclusion of Warranty, Liability
This product is intended for promotional use, and is given to you at no charge and in"AS IS" condition. VacationIdea, LLC makes no warranty representation for this screen saver. VacationIdea, LLC disclaims and excludes any and all express, implied, and statutory warranties, including without limitation, warranties of good title, against infringement, and implied warranties of merchantability and fitness for a particular purpose. VacationIdea, LLC does not warrant that this screen saver will satisfy your requirements or that the operation of this screen saver will be uninterrupted. In no event shall VacationIdea, LLC be held liable for any damages, loss of business or profits, special or indirect damages of any nature whatsoever as a result of use of this screen saver.

Exclusion of Warranty, Liability for Posted Content and Materials
Given the nature of VacationIdea.com, we cannot verify the accuracy of statements that users place on VacationIdea.com. It is impractical to review all content and other statements after they are placed on VacationIdea.com. And even if statements could be reviewed, we are not in a position to investigate and confirm the accuracy of a user's statements. Accordingly, we do not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement or other information available through VacationIdea.com. We do not guarantee that such material has been posted with the permission of the copyright or the proprietary owner. You may rely on such materials solely at your own risk. We are not responsible for materials contained in postings, but we do reserve the right to remove or modify such materials at our sole discretion for any reason.

Indemnification
You agree to be responsible for any and all liability resulting from publication, distribution or redistribution related to material you post on VacationIdea.com or the use of such material by any person (including liability resulting from any virus, worm, "Trojan Horse" or other contaminating or destructive feature of the data). You agree to indemnify and hold harmless us, our directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the User Agreement, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Posting Rules
You agree to abide by the following rules when posting material and content on VacationIdea.com:

  • When posting public notices to other users, you will not post any messages or materials anonymously or under a false name and you agree that you are solely responsible for any statements that are posted using your account.
  • You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, disruptive or a violation of applicable law or that would constitute grounds for civil liability.
  • Your postings in a particular discussion area will be reasonably germane to that topic.
  • You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users which are inappropriate.
  • You will only post materials on VacationIdea.com for which you have obtained appropriate copyright or other permission to upload such materials and to permit downloading by other users for personal, noncommercial use.
  • You will not violate, plagiarize, or infringe on the rights of third parties, including, copyright, trademark, trade secret, privacy, personal, publicity, or proprietary rights.
  • You acknowledge that any materials you upload will be considered to be in the public domain.
  • You grant VacationIdea.com the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to VacationIdea.com via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.


Questionable Materials
If you encounter questionable materials on VacationIdea.com, please contact us directly at: comment@vacationidea.com.

Electronic Commerce
From time to time we may offer users of VacationIdea.com the opportunity to purchase goods and services via the internet. While we will take reasonable security precautions concerning electronic transmission of data or communications, we disclaim any liability for interception of such data or communications. You agree that we shall not be under a duty to inquire as to the authority or propriety of any information or instructions given to us by you and we shall be entitled to act upon any such information or instructions, and we will not be liable for any loss, cost, expense or other liability arising out of any such instructions.

Linking to our web site
If you would like to link to VacationIdea.com, please follow our Linking Guidelines.

Hotlinking to images on our web site is expressly forbidden.

You cannot frame or mirror any VacationIdea.com page.

You cannot display a VacationIdea.com link or logo in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by VacationIdea.com.

You cannot display a link to any VacationIdea.com page on a Web site that contains or displays adult content or a Web site that violates applicable law.

You cannot display a VacationIdea.com logo, name or link in a manner that is in VacationIdea.com's sole opinion misleading, defamatory, infringing, libelous, obscene or otherwise objectionable to VacationIdea.com.

You cannot modify our logos.

LIMIT ON OUR LIABILITY
VacationIdea, LLC, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSERS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THIS SERVICE OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS OR OMISSION, INTERRUPTIONS OR ANY OTHER INACCURACIES APPEARING ON VACATIONIDEA.COM (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO US FOR USE OF VACATIONIDEA.COM.

Future Access
WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND YOUR ACCESS TO ALL OR PART OF THIS SERVICE FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE USAGE RULES. We reserve the right to change the User Agreement or to modify any features of VacationIdea.com at any time.

Governing Law
The User Agreement shall be governed by the laws of the United States of America and the State of Texas.

Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO VACATIONIDEA LLC BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE U.S. DOLLAR ($1). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Binding Arbitration (“Arbitration Agreement”)

Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to VacationIdea, LLC, 1530 PB Ln, K4554, Wichita Falls, TX 76302. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

Consent to Data Collection. These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.

Address:

VacationIdea, LLC, 1530 PB Ln, K4554, Wichita Falls, TX 76302

BY CONTINUING TO USE VACATIONIDEA.COM, YOU AGREE TO ABIDE BY THE TERMS OF THE VACATIONIDEA.COM USAGE RULES.