Terms of Use
Last Updated: 8/13/2025
©2023-2025, Marriott Vacation Club International. All Rights Reserved.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
This Terms of Use Agreement (“Terms of Use”) is a legally binding agreement between you and Marriott Vacation Club International (“MVCI,” ) and governs your access to and use of the content and information (“MVCI Information”) displayed on this website or any of our Mobile Apps (collectively, the “Platform(s)”) and any other online services or applications that link to these Terms of Use. Please feel free to browse the Platforms at any time; however, by browsing or otherwise using the Platforms, you are subject to these Terms of Use. By accessing these Platforms, you accept, without limitation or qualification, the following Terms of Use. If you do not accept the Terms of Use, then please discontinue your use of the Platform.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
CONTINUED ACCESS AND USE OF THE PLATFORMS AFTER CHANGES HAVE BEEN MADE TO THESE TERMS AND CONDITIONS CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS OF USE THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THESE TERMS OF USE PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS OF USE AND ANY MODIFICATIONS TO THEM.
MVCI and Vistana Signature Experiences, Inc (“VSE”) (collectively, “TMVC,” “we,” “our,” or “us”) and the programs and products provided under The Marriott Vacation Clubs™, Marriott Vacation Club®, Sheraton Vacation Club®, Westin Vacation Club® Grand Residences by Marriott, Abound by Marriott Vacations™, and Vistana Signature Network® brands are not owned, developed, or sold by Marriott International, Inc. We use the Marriott marks under license from Marriott International, Inc. and its affiliates.
All third-party marks are the trademarks or registered trademarks of their respective owners, and their use does not constitute an endorsement or affiliation with TMVC or any of their affiliates’ programs or products.
Reservations, Event, and Product Terms
Reservations
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party Platforms, or making speculative, false, or fraudulent reservations, or any reservation in anticipation of demand.
For any reservations or other services for which fees may be charged, you agree to abide by these Terms of Use, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Platforms to make reservations or purchases. Please check that the details of your reservation or purchase are complete and accurate before you confirm. TMVC, its parent, any of their direct or indirect subsidiary companies, affiliates, licensors, service suppliers and hosting providers, individually and collectively (collectively referred to as the “TMVC Parties”) will not be liable for any delay or non-performance if you provide us with incorrect information.
We reserve the right to cancel or modify reservations in our sole discretion for any reason, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please Contact Us.
Event/Activity Booking Terms
By booking an event or activity through our Platforms, you agree to the specific terms and conditions associated with that event or activity, including but not limited to age restrictions, dress codes, and entry/participation requirements. It is your responsibility to review these terms before completing your booking.
Upon successful booking, you will receive a digital ticket or email confirmation. This must be presented at the event/activity venue for entry. We are not responsible for lost, stolen, or damaged tickets.
We reserve the right to cancel, reschedule, or modify events/activities due to unforeseen circumstances, including inclement weather, safety concerns, performer or other personnel illness or other unavailability, cybersecurity events, or other intervening circumstances. In such cases, we will notify you as soon as possible and provide options for rescheduling or refunds, where applicable.
Cancellations must be made within the timeframe specified for each event or activity. Refund eligibility varies by event/activity and is subject to the organizer’s policy. No-shows or late arrivals may result in a forfeiture of your booking without a refund.
Some events or activities listed on our Platforms may be hosted by third-party providers. We are not responsible for the quality, safety, or conduct of these events or activities. Any disputes must be resolved directly with the event or activity organizer.
Guest Responsibilities and Assumption of Risk
You are responsible and liable for your own acts and omissions and the acts and omissions of any guests you invite to access a venue and attend an event or participate in an activity under a booking you make on these Platforms. You are responsible for leaving a venue in the condition it was in when you arrived, and you are responsible for any loss, theft, or destruction of the venue and surrounding equipment from any cause during the event or activity period. You agree to act with integrity, treat others with respect, and comply with all Applicable Laws and Rules and the terms of your booking at all times. If you book for an additional guest who is a minor or if you bring a minor to a venue, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by Applicable Laws and Rules, you assume the entire risk arising out of your access to and use of the Platforms including use of a venue or participation in an event or activity you book through the Platforms. You acknowledge that you are responsible for investigating an event or activity to determine whether it suits you and/or your additional guests. For example, access to or use of a venue or participation in an event or activity may carry risk of illness, bodily or other injury, disability, or death, and you freely and willfully assume those risks by accessing or using a venue for an event or activity and by participating in the event or activity. As a guest you agree that the TMVC Parties cannot be held liable if injury or death occurs to you or your guest(s) during an event or activity booked through the Platforms if your or your guest are injured or killed participating in a non-standard or misuse of the event or activity venue, or are injured or killed participating in a voluntary event or activity.
As used herein, "Applicable Laws and Rules" means applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance, or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body (including, for example, homeowners associations or condominium associations), law enforcement body, court, central bank or tax revenue authority or any other authority whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time.
Technical Inaccuracies and Typographical Errors
The Platforms may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing, event details, or availability. The TMVC Parties do not assume responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor information affected by such inaccuracies. TMVC reserves the right to make changes, corrections, and/or improvements to TMVC Information, and to the products and programs described in such information, at any time and without notice.
We may make improvements and/or changes in products or services described on the Platforms, add new features, or terminate any of the Platforms at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through any of the Platforms, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale on any of the Platforms will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; and (iv) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on any of the Platforms is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Availability of Products and Services
The Platforms contain information on our worldwide products and services, not all of which are available in every location. A reference to a TMVC product or service on any of the Platforms does not imply that such product or service is or will be available in a particular location.
Taxes
If we are legally required to collect sales tax on your reservation, services or product orders, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Payment Processing
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
Use of Platforms
While using the Platforms, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Platforms for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Platforms or any other party’s use of the Platforms. In addition, we expect users of the Platforms to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available to or through the Platforms any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Post to or transmit through the Platforms any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platforms;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platforms, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of the Platforms;
- Disseminate on the Platforms any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
- Use scripts, macros, or other automated means to impact the integrity of any voting, ratings, or similar features;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Platforms;
- Build a competitive product or service using the Platforms, build a product or service using similar ideas, features, functions, or graphics as the Platforms or determine whether the Platforms are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Platforms or monitor the availability, performance, or functionality of the Platforms;
- Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the Platforms or to collect any information from the Platforms or any other user of the Platforms; or
- Assist or permit any persons in violating these Terms of Use or other applicable laws or rules governing the use of the Platforms.
Our Intellectual Property Rights
The Platforms are owned and operated by MVCI and/or other parties and contain material that is derived in whole or in part from material supplied and owned by MVCI and/or other sources. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used with permission or under license by, MVCI. Such Content is protected by copyright, trademark, and other applicable laws. All intellectual property rights associated with the Platforms, and related goodwill, are proprietary to MCVI or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Platforms. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Platforms is strictly prohibited.
Subject to your compliance with these Terms of Use, we grant you a limited license to access and use the Platforms for personal and informational purposes only. No Content from the Platforms may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms of Use and retain the same solely for as long as you continue to be permitted to access the Platforms. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such Content pursuant to any licenses associated with such Content; (iii) not copy or post such Content on any networked computer or broadcast it in any media; (iv) make no modifications to any such Content; and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by TMVC, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Platforms or the Content.
You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any Content or other material from the Platforms, including but not limited to text, audio, video, code, and software. The TMVC Parties neither warrant nor represent that your use of materials displayed on any of the Platforms will not infringe rights of third parties. TMVC’s Platforms may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of TMVC and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of TMVC and/or other parties are granted to or conferred upon you.
User Content
You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on the Platforms, upload to us, or transmit through the Platforms (“User Content”). You agree, represent and warrant that any User Content you post on the Platforms or transmit through the Platforms is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Platforms any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License
By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Platforms a non-exclusive license to access your User Content through the Platforms, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Platforms and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.
Message Boards and User-Generated Content
The Platforms may provide you and other users an opportunity to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, notes, video, creative works, or other User Content, information, messages, transmissions, or material to us, the Platforms or others (“Post” or “Postings”). Postings do not reflect the views of TMVC; and TMVC has no obligation to monitor, edit, or review any Postings on the Platform. The TMVC Parties assume no responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on any of the Platforms. TMVC is acting only as a passive conduit for such User Content. You are strictly prohibited from posting or transmitting any third party’s personal information, any third party’s intellectual property or other content that you do not have the right to share with us under these Terms of Use, or any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TMVC will fully cooperate with any law enforcement authorities or court order requesting or directing TMVC to disclose the identity of anyone posting any such information or materials.
By registering as a User and using any of our Platforms, you agree not to post any material likely to cause offense, or that is protected by privacy, copyright, trademark, or other proprietary right without the express permission of the owner of such material. You will not use any of the Platforms to post or transmit advertisements or commercial solicitations of any kind. TMVC and its agents have the right to edit, censor, delete, or otherwise modify any Posting at any time for any reason. TMVC does not verify or guarantee the accuracy of any material posted to the Platforms or bears any responsibility for any loss, damage, or other liabilities caused by any Posting.
You acknowledge and agree that Postings are public and that your participation in such Postings creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in a Post may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Postings or other aspects of the Platforms and may employ anonymous usernames when doing so. Any user failing to comply with these Terms of Use may be expelled from and refused continued access to the Platforms in the future. However, we are not responsible for User Content that you or others choose to communicate in Postings, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A POST OR OTHERWISE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
You agree not to use any of the Platforms to make speculative, false or fraudulent bookings. You also agree to behave respectfully at all events and activities and comply with all venue rules and regulations.
Accounts
In general, you are not obligated to register for an account in order to access the Platforms. However, certain sections and features of some of the Platforms may only be available to users who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Platforms.
If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Platforms in violation of these Terms of Use. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
The Platforms may provide you with the ability to use confidential credentials to gain access to restricted portions of any of the Platforms. The content contained in such restricted areas is confidential to the TMCI Parties or third parties and is provided to you for your personal use only. We reserve the right to prohibit the use of such credentials on your behalf by third parties where we determine that such use interferes with any of the Platforms’ operation or results in commercial benefits to other entities or our detriment. Your credentials may include a unique password so that access to information can be restricted to only those individuals to whom you provide the password. It is your responsibility to protect the confidentiality of the password. TMVC Parties assume no liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and immediately if you suspect that knowledge of the password is no longer limited to those that you have authorized.
You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to any of the Platforms by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to enforce these Terms of Use, and to maintain the security of the Platforms and your Account, including without limitation, terminating your Account, banning your creation of a new Account, changing your password, or requesting information to authorize transactions on your Account. THE TMVC PARTIES EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Push Notifications:
You may sign up to receive “push notification” messages from TMVC or any of the Platforms. To ensure messages reach the correct devices, the Push Notification Service generates a unique token for your device and shares it with TMVC for administrative purposes. While TMVC will be able to access the tokens that identify your device, the tokens will not directly reveal your identity or your contact information to TMVC. TMVC may also collect the following: the time of an event and information about the device a Platform user is utilizing, such as the identity of the device’s operating system. If, at any time, you wish to stop receiving push notifications, you can opt out of receiving push notifications by accessing and changing your device settings.
Text Message Programs Terms
We may offer our customers mobile alerts regarding sales, promotional events, new product releases, usage options and reservation alerts by SMS message (each a “Text Message Program”). By engaging with a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.
ENGAGEMENT WITH A TEXT MESSAGE PROGRAM MEANS YOU AGREE TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THESE TERMS OF USE, INCLUDING THE LIMITATION OF LIABILITY.
Engaging with a Text Message Program
If we offer a Text Message Program (such as a way to communicate with Owners, send updates on events or reservations), engagement occurs when you receive a text message from us, which is subject to these Terms of Use. You may not participate if you are under eighteen (18) years old (or the applicable age of majority in your home state) and you may cease to engage with Text Message Programs if you inform us that you do not agree to these Terms of Use. We reserve the right to stop offering a Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice. You will also engage with our Text Message Programs if you provide explicit written consent to receive marketing messages that may be sent using automated technology or prerecorded messages.
By participating in a Text Message Program, you:
- Authorize us to use auto dialed (if you provided your consent to do so) and non-auto dialed technology to send recurring text messages to the mobile phone number we have on file for you or associated with your consent.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan.
- Consent to the use of an electronic record to document your participation.
While you may provide separate consent to receive messages sent using automated technology, these Terms of Use shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).
Content You May Receive
If we have one or more Text Message Programs, your message frequency may vary. You may receive alerts about:
- Marketing, Offers and Coupon Programs (if we have your consent)
- Promotional Events and New Product Releases (if we have your consent)
- Reservation Reminders
- Usage Options
- Informational Services or Alerts
- On-Demand Text Message Reply Services
Opting Out and Seeking Assistance
In response to your receipt of a text message from us you may opt out of receiving further text messages from us at any time by texting the opt-out term we have informed you of in the text exchange. It may be “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT”. Please reply with the applicable term to any of the text messages you have received from us. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out to a specific text message received from us. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above is not a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs until you separately unsubscribe from those programs. These Terms of Use will still apply if you opt-out of a Text-Message Program.
If you need assistance at any time, or you forget what keywords are supported, just text “HELP” to the number sending the text message you received.
Cost and Frequency of Messages
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. The TMVC Parties will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.
Supported Carriers
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Changing Your Phone Number
If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of these Terms of Use. To notify us or find out more information on our text message marketing programs, . Our Privacy Policy applies to text message marketing programs.
Copyright Protection
If you believe in good faith that materials hosted on any of the Platforms infringe your copyright you may send written notice to the designated copyright agent for Marriott Vacations Worldwide Corporation on behalf of TMVC that includes the following information. Please note that your complaint will not be processed if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Platform are covered by a single notification, a representative list of such works at that Platform.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TMVC to locate the material.
(iv) Information reasonably sufficient to permit TMVC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send your completed notice to us at Marriott Vacations Worldwide Corporation, 7812 Palm Parkway, Orlando, Florida 32836, attn: Law Dept. IP Counsel, or by email to copyright@mvwc.com.
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with the information provided above. To file a counter notification, please provide us with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
- Your name, mailing address, telephone number, and email address;
- The following statement: “I consent to the jurisdiction of [insert one of the following: (1) “the Federal District Court in which my mailing address is located”, or (2) if you reside outside of the United States, “the United States District Court for the Middle District of Florida”]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless we first receive notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.
Non-TMVC Sites
We may provide on the Platforms, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities, including advertisers. If you click these links, you will leave the Platforms. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We are not responsible for the privacy policies, failures, acts, or omissions of those operators or sites or the cookies those sites use. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos, or copyright symbols. In addition, because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, X (formerly Twitter), YouTube, TikTok, Pinterest, and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Platforms, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
Updates to these Terms of Use
We may revise or otherwise change or update these Terms of Use from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when these Terms of Use was last revised. When changes are made to these Terms of Use, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms of Use ― there may have been changes to our policies that may affect you. If you do not agree to these Terms of Use as modified, then you must discontinue your use of the Platforms. Your continued use of the Platforms will signify your continued agreement to these Terms of Use as revised. We will make reasonable efforts to notify you of material changes to these Terms of Use. Such efforts might include posting notice on the Platforms, an email to the address we have on file, or a message in your Account.
Important Legal Terms
Termination
TMVC may, in its sole discretion, terminate your access to any of the Platforms, password, account (or any part thereof), or remove and discard any communication transmitted by you, or information stored, sent, or received via any of the Platforms without prior notice and for any reason, including, but not limited to: (i) concurrent access of any of the Platforms with identical credentials, (ii) permitting another person or entity to use your user credentials to access any of the Platforms, (iii) any other access or use of any of the Platforms except as expressly permitted, (iv) any violation of these Terms of Use or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Platforms, or (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, any of the Platforms. You may terminate your access to any of the Platforms hereunder upon thirty (30) days written notice by you to TMVC of your intent to terminate. Termination, suspension, or cancellation of your access rights shall not affect any right or relief to which TMVC may be entitled, at law or in equity. Upon termination of your access to any of the Platforms, all rights granted to you will automatically terminate and immediately revert to TMVC and its licensors.
The provisions of these Terms of Use concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Children
The Platforms are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish an Account, and you should use the Platforms only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Platforms or sections of the Platforms, as well as promotions, events, tours, programs, and commerce we may offer on the Platforms, may be explicitly limited to people over the age of majority. If you are not old enough to access the Platforms or certain sections or features of the Platforms, you should not attempt to do so.
Disclaimer of Warranties
While TMVC uses reasonable efforts to include up-to-date information on all of its Platforms, the TMVC Parties makes no warranties or representations as to its accuracy, timeliness, reliability, completeness, or otherwise. The content, materials, and products or services available in or accessible through any of the Platforms are provided AS IS and, to the fullest extent permissible pursuant to applicable law, the TMVC Parties DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. The TMVC Parties DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN ANY OF THE PLATFORMS, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OF THE PLATFORMS, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TMVC PARTIES SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, LOSS, OR DAMAGE INCURRED DURING YOUR ATTENDANCE OR PARTICIPATION IN ANY EVENT OR ACTIVITY BOOKED THROUGH any of our PLATFORMs, hosted by us or by any third-party provider. YOU PARTICIPATE AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of implied warranties, in which case the above exclusion may not apply to you.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE PLATFORMS IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF ANY OF THE PLATFORMS, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF ANY OF THE PLATFORMS AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL THE TMVC PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY OF THE PLATFORMS OR WITH THE DELAY OR INABILITY TO USE ANY OF THE PLATFORMS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ADVERTISED IN OR OBTAINED THROUGH ANY OF THE PLATFORMS, TMVC’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ANY OF ITS PLATFORMS, OR OTHERWISE ARISING OUT OF THE USE OF ANY OF THE PLATFORMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TMVC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE TMVC PARTIES SHALL NOT BE LIABLE, INDIVIDUALLY OR COLLECTIVELY FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF ANY OF THE PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
Indemnification
You agree to indemnify, defend, and hold TMVC, its parent and any of their direct or indirect subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents, information providers, and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liabilities, losses, actions, suits, costs, and expenses (including reasonable attorneys’ fees) arising out of or incurred by any (i) breach by you of these Terms of Use; (ii) your activities in connection with the Platforms; or (iii) User Content or other information you provide to us through the Platforms. The TMVC Parties reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with TMVC’s defense of such claim. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Consent to Communication
When you use the Platforms or send communications to us through the Platforms, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Platforms. We may communicate with you by email or by posting notices on the Platforms. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address or phone number, you agree that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Terms of Use will be enforceable.
Assignment
We may assign these Terms of Use at any time with or without notice to you. You may not assign or sublicense these Terms of Use or any of your rights or obligations under these Terms of Use without our prior written consent.
Governing Law
The Platforms are based in the United States and is subject to United States law. We will disclose any information regarding the use of any of the Platforms including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against activities harmful to us, any of our guests, visitors, associates, or property (including any of these Platforms), or to others.
Disputes, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Agreement to Binding Arbitration
You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to any aspect of our relationship, including, without limitation, your use or attempted use of the Platforms, all matters relating to or arising from these Terms of Use, our Privacy Policy, or any other agreements between you and TMVC, including, the validity and enforceability of this agreement to arbitrate (each, a “Dispute”), shall be resolved by binding arbitration in Boca Raton, Florida before one arbitrator, unless an exception applies as stated below. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (collectively, the “JAMS Rules”), as those Rules exist on the effective date of this Agreement, including without limitation Rules 16.1 and 16.2 of the JAMS Rules. Judgment on any award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Exceptions to Arbitration
- Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the governing law provision below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
JURY TRIAL & CLASS ACTION WAIVER
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND WE FURTHER AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS AS SET FORTH BELOW, THIS CLASS ACTION WAIVER STILL APPLIES. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: TMVC Privacy Office, 7812 Palm Parkway, Orlando, Florida 32836. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com.
Fees
You and we agree that for any arbitration you initiate, you will pay the filing fee up to US $250 and we will pay the remaining JAMS fees and costs in accordance with the JAMS Rules. For any arbitration initiated by us, we will pay all JAMS fees and costs.
Hearing
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
Award
In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.
Injunctive Relief
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality
You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Coordinated Proceedings
If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel shall each select ten (10) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another twenty-five (25) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.
Governing Law
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
Punitive Damage and Limitation of Liability
In any arbitration arising out of or related to these Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms of Use, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.
30 Day Right to Opt Out
- You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Section by sending written notice of your decision to opt-out to the following email address: privacy@vacationclub.com, using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you first became subject to these Terms of Use; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, the TMVC Parties also will not be bound by them. Note, however, if you opt-out of these arbitration provisions, the class action waiver still applies.
Severance of Arbitration Agreement
- If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from these Terms of Use. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
California Residents
If you are a California resident, you will not be required to pay the fees and costs incurred by the opposing party if you do not prevail.
Terms for Users in Certain Geographic Locations
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using any of the Platforms, you agree that these California Civil Code Section 1542 protections no longer apply to you.
Contact Us
If you would like to review the privacy policy that governs any of our Platforms, please see our privacy statement posted at marriottvacations.com/privacy-policy. If you have any questions about these Terms of Use or associated privacy concerns, please write us at TMVC Privacy Office, 7812 Palm Parkway, Orlando, Florida 32836 or send an email to privacy@vacationclub.com.