Effective March 2018
PLEASE READ THIS TERMS AND CONDITIONS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1.0 MEMBERSHIP EXPECTATIONS, RIGHTS AND OBLIGATIONS
- Dues. Dues are invoiced and due annually on the anniversary of the month joined.
- Generally. Member agrees to pay the annual fees established for its Membership Class, as may be amended from time to time in accordance with the Bylaws. Premier Vacation Properties will automatically renew membership at the end of each Membership Term as authorized upon enrollment and bill the current dues to the designated billing source unless Member submits written notice of non-renewal.
- Compliance with Policies. Member agrees to abide by, and shall have all applicable rights and obligations as set forth in, the Bylaws, Premier Vacation Properties Intellectual Property Rights Policy (the “IPR Policy”), and any and all additional policies and procedures adopted by Premier Vacation Properties, as any of these may be amended from time to time in accordance, all of which are hereby incorporated by reference.
- Suspension and Termination.Premier Vacation Properties shall have the right to suspend participation, or cancel the membership, of Member if it (i) fails to pay its annual fees on time, or (ii) violates any of the Premier Vacation Properties Policies & Procedures (P&Ps) and fails to correct that breach within ten (10) days of notice from Premier Vacation Properties or the Premier Vacation Properties staff, or (iii) substantially, flagrantly or repeatedly violates any of the Premier Vacation Properties P&Ps. No refunds of Membership fees or other payments will be given.
- Non-renewal.Members have the right to terminate membership in Premier Vacation Properties at any time. A Member may cancel membership in Premier Vacation Properties, in writing to the attention of the Executive Director. If Member cancels their membership before the end of a Membership Term for which Member has paid, the Member will not receive a refund of such membership nor any portion thereof. Due to the nature of the services provided by Premier Vacation Properties (many of which are accessible immediately upon acceptance) it is understood that refunds cannot be issued. Member will remain liable for any other fees or charges to be paid pursuant to this Agreement or Premier Vacation Properties. If Member has questions regarding billing for the Member Service, Member should promptly send notice of such, including all membership contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to the attention of the Executive Director.
- Dues. Dues are invoiced and due annually on the anniversary of the month joined.
- Authority to Execute Agreement. Member hereby represents, warrants and covenants to Premier Vacation Properties that (a) it has the authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which Member is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.
- No Other Licenses.By executing this Agreement, Member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of Premier Vacation Properties or another member.
- No Warranty.Premier Vacation Properties and member each acknowledges that, except as otherwise agreed in writing, all services and information provided by or to Premier Vacation Properties under this agreement is provided “as is” with no warranties or conditions whatsoever, whether express, implied, statutory or otherwise, and Premier Vacation Properties and member each expressly disclaim any warranty of merchantability, no infringement, and fitness for any particular purpose with respect to such services and information.
- Limitation of Liability. In no event will either Premier Vacation Properties or Member be liable to each other or to any other member or third party under this agreement for the cost of procuring substitute goods or services, lost profits, lost revenue, lost sales, loss of use, loss of data or any incidental, consequential, direct, indirect, punitive, or special damages, whether or not such party had advance notice of the possibility of such losses or damages, except for Member’s dues commitment, or in cases of willful conduct or gross negligence, or where required by applicable law, the aggregate liability of Premier Vacation Properties to Member and to other parties, and of Member to Premier Vacation Properties, to other Premier Vacation Properties Members, or to other parties, shall not exceed the past 12 months’ membership paid by the Member to Premier Vacation Properties.
- Governing Law. This Agreement shall be construed and controlled by the laws of the State of Alabama without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the Federal or state courts located in Alabama, to whose jurisdiction each party hereby submits.
- Complete Agreement; No Waiver. This Agreement, including all attachments, sets forth the entire understanding of Premier Vacation Properties and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
- Amendment. Member shall be given at least thirty (30) days prior written notice of the effective date of an amendment to this Agreement, including as a result of any changes to the Premier Vacation Properties Bylaws or Premier Vacation Properties P&Ps, which is adopted in accordance with the Bylaws and that directly and materially affects any of the rights or obligations applicable to Member hereunder (each of the foregoing, an “Amendment”). If Member does not agree to any such Amendment to this Agreement that was approved in accordance with the Bylaws, then Member shall provide written notice to Premier Vacation Properties of such disagreement prior to the end of the 30-day notice period. If the parties are not able to reach a mutually acceptable accommodation (for example, the parties agree to a phase-in of the Amendment, Premier Vacation Properties determines to withdraw, suspend or modify the Amendment, or Premier Vacation Properties grants Member a waiver or variance), this Agreement and Member’s membership in Premier Vacation Properties shall terminate automatically upon expiration of the 30-day notice period, unless Member elects to withdraw by written notice on an earlier date. Amendments shall be prospective only unless otherwise agreed to by the Member and Premier Vacation Properties. No termination or withdrawal pursuant to this paragraph will entitle Member to a refund of Membership dues or other fees, all of which are nonrefundable.
- No Rule of Strict Construction. Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
- Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but collectively shall constitute one and the same instrument.
- Compliance with Laws. Anything contained in this Agreement to the contrary notwithstanding, the obligations of Premier Vacation Properties and Member shall be subject to all laws, present and future, of any government having jurisdiction over Premier Vacation Properties and Member including, without limitation, all export and re-export laws and regulations. It is the intention of Premier Vacation Properties and Member that this Agreement and all referenced documents shall comply with all applicable laws and regulations.
- Headings. Premier Vacation Properties and Member acknowledge that the headings to the sections hereof are for reference purposes only and shall not be used in the interpretation of this Agreement.
- Assignments. Member may not assign its rights or obligations under this Agreement without the prior written consent of Premier Vacation Properties or as otherwise set forth in the Bylaws. For purposes of this Agreement, an assignment shall be deemed to include a transfer or sale of all or substantially all the business of Member, or a merger, consolidation or other transaction that results in a change in control of Member.
- Force Majeure. Neither Premier Vacation Properties nor Member shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder due to strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
- Logos and Names. You grant Premier Vacation Properties the right to use your organization’s name and logo on the Premier Vacation Properties website and on related marketing materials, solely to indicate your membership in Premier Vacation Properties. As long as you remain a member in good standing, you may use Premier Vacation Properties’ name and logo, in the format and with the notices provided or requested by Premier Vacation Properties, solely to indicate your membership in Premier Vacation Properties.
Collection of Information
We receive and store any information you enter on our Website or give us in any other way. This includes information to identify you (“Personal information”), including your first and last name, telephone number, postal and email addresses, etc. and in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your travel preferences. You can choose not to provide information to us, but in general some information about you is required to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists. This information is only shared with suppliers, such as vacation rental managers, vacation rental owners, etc. who fulfill your travel reservations.
Cookies/ Tracking Technology
Distribution of Information
We may share information with trusted third parties who assist us in operating our website, conducting our business, or serving you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or to protect ours or others rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Third Party Links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these 3rd party sites.
We may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a Website receives or what are the most popular vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
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