Web Services Terms and Conditions of Use
Welcome to the Wyndham Vacation Rentals North America, LLC ("WVR") website ("Site"). WVR provides and makes available this Site subject to the Terms.
These Terms apply to any websites we operate from which you are accessing the Terms ("Websites"), any software applications we make available for use on or through computers and mobile devices (the "Apps"), social media pages we control from which you are accessing these Terms (the "Social Media Pages"), or any other Internet enabled or wireless means by which we provide content to you or receive content from you, including without limit blogs, chat rooms, message boards, text/SMS messaging, email messaging, alert products and delivery of content to you at your request (collectively, including the Websites, Apps and Social Media Pages, the "Web Services"). The Web Services' primary goal is to provide you with access to information about our businesses, facilities, services and products (the "Content"). You should print a copy of these Terms for your records.
These Terms constitute a contractual agreement between you ("user," "you," "your") and WVR regarding your use of the Web Services. WVR and any and all entities that control, are affiliated or under common control with WVR are collectively referred to hereunder as "we," "us" and "our." If any provision of the Terms is held invalid or unenforceable, such provision will be struck and the remaining provisions enforced to the fullest extent permitted by law. Headings are for reference purposes only. The provisions and conditions of each of the Terms, and each obligation referenced herein, represent the entire agreement between us, our affiliated or related entities, and you regarding your use of the Web Services, and supersede any prior agreements or understandings not incorporated herein.
IMPORTANT NOTICE: These Terms contain certain disclaimers and limitations on WVR's liability. These are found in Section 10. Please read these terms carefully and make sure that you understand them before continuing with your use of the Web Services. If you do not agree to such terms, please do not use the Web Services. These Terms only apply to provision of, use of and your conduct in relation to the Web Services. They do not apply to any memberships, products, services or other items made available through the Web Services.
Your failure to follow and abide by these Terms may result in immediate suspension or termination of your access to the Web Services in addition to our other remedies.
1. CHANGES TO THE TERMS AND/OR WEB SERVICES
We may update and amend these Terms from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Web Services thereafter. However, any changes to the Governing Law section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
WVR reserves the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services. From time to time, we may restrict access to the Web Services or any portion thereof, to users consistent with applicable law and any additional terms governing the particular Web Service.
By using any of the Web Services, you agree to the terms of our Privacy Notices. For more information, please review our Privacy Notice at http://www.wyndhamvacationrentals.com/vacation-rentals/privacy.htm.
3. PURCHASES MADE VIA THE WEB SERVICES; OTHER TERMS AND CONDITIONS
Separate terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Services, including bookings, rewards programs or other similar features. 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 Web Services or for any service offered on or through the Web Services, the latter terms shall control with respect to your use of that portion or the specific service.
4. USE OF THIS WEBSITE & INTELLECTUAL PROPERTY RIGHTS
WVR controls and (either itself and/or through its third party hosts) operates the Web Services. All content available through the Web Services ("Content"), 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 WVR or its Providers (as defined below), 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 WVR, our affiliated or related entities, or by Providers that have licensed or otherwise made available their content or the right to market their products and/or services to WVR. Content made available through the Web Services or any website 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 WVR's customers, other users of the Web Services, 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 the Web Services 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 or permitted as fair use under the Copyright Act, 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 WVR or the Providers. You may request consent by faxing a request to the Legal Department at 973.753.6207. Your modification of the Content, use of the Content on any other linked website or networked computer environment, or use of the Content for any purpose other than personal, noncommercial use, without the prior written consent of WVR or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited.
The Web Services are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information to or use the Web Services, and by using the Web Services, minors between the ages of 13 and 17 acknowledge and represent that they have received permission from their parent(s) or legal guardian(s) to access and/or use the Web Services.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on the Web Services, 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 WVR, or otherwise incorporate into another website or application any of the Content or other materials on the Web Services, without WVR's express prior written consent.
You may not deep link to any page or portion of the Web Services without WVR's prior written consent or provide any links that state or imply any sponsorship or endorsement of your website or any Linked Site by us or any Provider (as defined below). You may, however, create or provide a hypertext link or hyperlink to the home page of the Site provided that you do not make or attribute to WVR, 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 WVR, its affiliated or related entities or Providers without WVR'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 the Web Services, 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 the Web Services in a way that constitutes copyright infringement, please provide WVR'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 Services;
- 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:
Susan L. Crane
Wyndham Worldwide Corporation
22 Sylvan Way
Parsippany, NJ 07054
Telephone Number of Designated Agent: (973) 753-6667
Facsimile Number of Designated Agent: (973) 753-6620
E-mail Address of Designated Agent: email@example.com
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, please send a counter-notice to the Agent for Notice of Claims of Copyright Infringement.
5. USER'S RESPONSIBILITIES
You warrant and represent to WVR that you will not use the Web Services 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 the Web Services immediately terminates without the necessity of any notice. WVR, at its sole discretion, retains the right to deny access to anyone for any legally permissible reason, including for violation of these Terms. Some of these types of violations are more fully described below in Section 6.
You are solely responsible for the content, accuracy and your use of your Information, as defined herein, and WVR merely acts as a passive conduit for your online publication of your User Information. As used in these Terms, "Information" means any information or data that you submit to or through the Web Services and any information or data that is generated by the Web Services because of your use of or access to the Web Services. Special rules and/or restrictions may apply to your Personally Identifiable Information. For more information regarding these special rules and/or restrictions, please review our Privacy Notice.
In the event that you are provided with user identification numbers or codes (collectively "IDs", confirmation numbers, login credentials and/or passwords (as applicable) in the use of the Web Services you shall maintain such IDs, 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 WVR if WVR needs to change or discontinue any of your IDs, confirmation numbers, and/or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation number and/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. WVR may suspend or terminate your access to the Web Services if we believe 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 WVR has reasonable grounds to suspect that such User Information is untrue, inaccurate, not current or incomplete), WVR has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, the Web Services.
6. PROHIBITED ACTIVITIES
In connection with the Web Services, you must not:
- Post, transmit or otherwise make available through or in connection with the Web Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or otherwise prohibited by applicable law.
- Post, transmit or otherwise make available through or in connection with the Web Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use of the Web Services for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Web Services.
- Interfere with or disrupt the operation of the Web Services or the servers or networks used to make the Web Services available, including by hacking or defacing any portion of the Web Services; or violate any requirement, procedure or policy of such servers or networks. This includes, without limitation, "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service or to burden excessively a service's resources, attempts to "crash" a host, and modifying or rerouting any Content or services provided by the Web Services.
- Restrict or inhibit any other person from using the Web Services.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute or otherwise exploit any portion of (or any use of) the Web Services except as expressly authorized herein, without WVR's express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Web Services, except to the extent such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Web Services.
- Upload, post, email or otherwise transmit any Information, Content, or proprietary information that you do not have a right to transmit under the Terms, or under any law or other contractual or fiduciary relationship.
- Frame or mirror any portion of the Web Services, or otherwise incorporate any portion of the Web Services into any product or service, without WVR's express prior written consent.
- Systematically download and store Web Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Web Services content, or reproduce or circumvent the navigational structure or presentation of the Web Services, without WVR's express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in any Web Services' root directory, WVR grants to the operators of public search engines permission to use spiders to copy materials from the Web Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. WVR reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- Access or attempt to access our 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.
- Take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Services' 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.
- Disclose to, or share with, any unauthorized third parties the IDs, confirmation numbers and/or passwords, or use the IDs, confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of the, IDs, confirmation numbers and/or passwords.
- 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 the Web Services.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Web Services.
7. INFORMATION POSTED TO THE WEB SERVICES
With respect to all Information you elect to post to publicly accessible areas of the Web Services, you agree that WVR has the right to use, reproduce, copy, modify, publish, distribute, create derivative works of, perform and display such Information (in whole or part) on worldwide basis without notice or compensation to you.
You acknowledge and agree that WVR 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 WVR's business, employees, Providers, affiliated or related entities, users, and/or the public.
Some of the information provided on the Web Services (including but not limited to descriptions of resorts, locales and activities) has been obtained from third parties and is provided for informational purposes only. WVR is not liable for any inaccuracies in any third party information provided on the Web Services and does not endorse any of the activities, guides, vendors or service providers described. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or service provider. WVR expressly denies any liability for engagement in any activity, and for use of any third party guide, vendor or service provider that may be mentioned or described on the Web Services. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the third party vendor, guide, or service provider. Please contact the third party service provider, guide or vendor for complete details. WVR does not book, nor does it make any representations regarding the availability of third party activities or services.
8. THIRD PARTY MATERIALS AND LINKS
Certain Web Services functionality may make available access to materials made available by third parties ("Providers"), including submissions ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in the Terms shall be deemed to be a representation or warranty by WVR with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such Provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK, IS SUBJECT TO AND GOVERNED BY ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Services, or any linked sites, or any Third Party Materials, 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 WVR (and its affiliated or related entities and the Providers) shall be neither 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 the Web Services or the linked sites or Third Party Materials.
10. DISCLAIMER OF WARRANTIES, LIMITATON OF LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Web Services. However, it is possible that information contained or made available on the Web Services may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Web Services will be uninterrupted or error free or that the Web Services will be free from loss, corruption, attack, interference, hacking or other security intrusion.
If you notice any errors or omissions in the information contained on the Web Services or other concerns, please report them to us for investigation.
THE MATERIALS AND INFORMATION PROVIDED ON THE WEB SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEB SERVICES, THE CONTENTS THEREOF, OR THEIR HYPERLINKS TO OTHER INTERNET RESOURCES.
Limitation of Liability. WVR, its parents, subsidiaries, affiliates, officers, managers, directors, employees and agents (the "WVR Parties") shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Web Services or any information provided on the Web Services, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Web Services or your provision of Information to the Web Services, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the WVR Parties' gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys' fees or other remedies afforded by statute or other law.
Indemnification. You agree to indemnify, defend and hold harmless the WVR Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your breach of any provision of these Terms, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.
The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
11. GOVERNING LAW AND JURISDICTION
WVR operates the Web Services from its offices within the State of New Jersey (which may be subject to change from time to time at WVR's sole discretion). The Web Services 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 the Web Services, you agree that these Terms and your use of the Web Services 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 Website, your use of this Website, and your relationship with WVR. Although the Web Services can be accessed outside the United States, WVR makes no representation that materials on the Web Services are appropriate or available for use in other countries, and accessing them from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Web Services from other countries do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical or personal data exported from the United States or the country in which you reside.
12. SELLER OF TRAVEL DISCLOSURE FOR WYNDHAM VACATION RENTALS
WYNDHAM VACATION RENTALS NORTH AMERICA, LLC: Fla. Seller of Travel Reg. No. ST-38182. Washington Seller of Travel Reg. No. 603118961. WVR COLORADO, LLC: CST: 2106302-50. Registration as a seller of travel does not constitute approval by the State of California. Fla. Seller of Travel Reg. No. ST -38356. Washington Seller of Travel Reg. No. 603147748.
13. MESSAGE BOARDS
In the event that WVR provides message boards, web logs or blogs, or discussion forums on the Web Services (the "Forums"), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without WVR'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 you have all necessary rights and permissions to post any uploaded materials and that all moral rights in any uploaded materials have been waived. While WVR does not and cannot review every message posted by you or any other user in the Forums, and although WVR is not responsible for these messages, WVR 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 privacy, copyright or trademark laws, in violation of these terms, or otherwise unacceptable. WVR reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. WVR does not endorse any Information that may be posted the Web Services.
You agree that you must evaluate, and bear all risks associated with, the use of any messages or other Content posted by other users of the Web Services, 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 Forums, and in all other parts of the Web Services.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of each of WVR and our affiliated and related entitles and the Providers, and each of our and their respective officers, directors, members, managers, employees, affiliated or related entities, agents, licensors, suppliers, or a person or entity involved in the creation and, production, distribution and/or hosting of the Web Services. 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. WVR's failure to act with respect to a breach by you or others does not waive WVR's right to act with respect to subsequent or similar breaches.
You and WVR are dealing at arms' length, creating a commercial relationship. WVR is not your agent or your fiduciary.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire agreement between WVR (including the Providers), its affiliated or related entities, and you relating to the subject matter hereof, and supersede any prior agreements or understandings not incorporated herein.
WVR RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
Wyndham Vacation Rentals and related marks are registered trademarks and/or service marks in the United States and internationally. All rights reserved.
Wyndham Vacation Rentals North America, LLC, 14 Sylvan Way, Parsippany, NJ 07054
Last Updated: December 1, 2017
©2017 Wyndham Vacation Rentals North America, LLC. All Rights Reserved.