 |
Terms of Use
Beach Life Vacations SERVICES AGREEMENT Subject to the terms
of this Beach Life Vacations Services Agreement, (the "Services
Agreement" or "Agreement"), Beach Life Vacations,
Inc. ("BLV") and its Licensors make available online
information and services to registered Beach Life Vacations
Members or other authorized users. By clicking the "I
Agree" button when registering or by using the web sites
owned and/or controlled by BLV (the "Site(s)"),
you are indicating that you are 13 years old or older, and
if you are under 18, you have received consent from your parent
or guardian, to be bound by all of the terms in this Agreement.
The term "using" means the use and availability
of, access to, transmission to or from or any exchange of
information or communication in connection with or arising
from the Site(s). You may print and keep a copy of this Agreement.
BLV may change the terms in this Agreement at any time. Any
changes will appear in this document, which you can access
at any time by returning to this page. It is your responsibility
as a user to refer to the terms on accessing the Site(s).
Changes will be effective the day after first posting to the
Site(s) and you will be deemed to have accepted any change
if you continue to access the Site(s) after that time.
1. Privacy of Information
Please refer to our Privacy
Policy
2. Registration Information
You will provide BLV with accurate and complete registration
information (including but not limited to information school
affiliation and student status) and advise promptly of any
changes. If you do not, you will be in breach of this Agreement,
allowing BLV to immediately terminate your use of the Site(s)
or any products/services provided through the Site(s). When
you register or subscribe to certain BLV services provided
through the Site(s), you will receive a user name and password
which we may assign or allow you to select. You may not select
a user name that violates anyone's rights or one that, in
sole discretion, BLV considers offensive, improper or inappropriate.
If you do, BLV may modify or delete it.
3. Fees and Payments
You agree to pay or have paid all fees and charges incurred
in connection with your user name and/or password for BLV
Site(s) (including any applicable taxes) at the rates in effect
when the charges were incurred. If you pay by credit card
or other payment instrument and BLV does not obtain full payment,
you agree to pay all amounts due upon our demand. You are
responsible for any fees or charges incurred to access the
Site(s) through an Internet access provider or other third-party
service. You, and not BLV, are responsible for paying any
amounts billed to your credit card by a third party, which
were not authorized by you.
4. Individual Registration and Access
Each registration is for a single user only. BLV does not
permit any of the following: 1. Any other person sharing your
user name and password. 2. Any part of the Site(s) being cached
in proxy servers and accessed by individuals who have not
registered with BLV as users of the Site(s). 3. Access through
a single user name and password being made available to multiple
users on Beach Life Vacations without express prior written
consent. If BLV reasonably believes that a user name and password
are being used in any of these ways, BLV reserves the right
to cancel access rights immediately without notice and block
access to all users from that IP address. If you believe someone
has accessed the Site(s) using your user name and password
without your authorization, you must call BLV customer service
at 1-301-864-1000.
5. Material Submitted by Users
Certain elements of the Site(s) may contain material submitted
by users. BLV accepts no responsibility for the content or
accuracy of such material. You are responsible for all statements
made and acts or omissions that occur while your password
is being used. You may not use the Site(s) for any unlawful
purpose. You acknowledge that any submissions by you shall
be considered non-confidential and non-proprietary (except
as otherwise required by law) and may be edited, removed,
modified, published (including offline/online advertisements,
publications or promotional material), transmitted, and displayed
by BLV. You represent and warrant that no materials of any
kind submitted by you will (a) violate, plagiarize, or infringe
upon the rights of any third party, including copyright, trademark,
rights of privacy or publicity, or other personal or proprietary
rights or (b) contain libelous or otherwise unlawful material.
You agree to indemnify, defend and hold harmless BLV and its
agents and affiliates from and against any and all liability
and costs arising from or relating to your breach of any part
of this Agreement.
6. Advertising Material
Part of the Site(s) will contain advertising and other material
submitted to BLV by third parties. Advertisers are responsible
for ensuring that material submitted for inclusion on the
Site(s) complies with international and national law. BLV
will not be responsible for any error, omission or inaccuracy
in advertising material, and reserves the right to omit, suspend
or change the position of any advertising material submitted
for insertion. Acceptance of advertisement on the Site(s)
will be subject to terms and conditions, which are available
on request.
7. Intellectual Property
The content available through the Site(s) is the sole property
of BLV or its licensors and is protected by copyright, trademark
and other intellectual property laws. BLV-owned content received
through the Site(s) may be downloaded, displayed, reformatted
and printed for your personal, non-commercial use only. CONTENT
OWNED BY BLV LICENSORS MAY BE SUBJECT TO ADDITIONAL RESTRICTIONS.
You agree not to reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate the content received
through the Site(s) to anyone, including but not limited to
others in the same company or organization, without express
prior written consent.
8. Disclaimer; Limitation of Liablity
The contents of the Site(s) are for general information or
use only. They do not constitute advice and should not be
relied upon in making (or refraining from making) any decision.
Due to the number of sources from which content in the Site(s)
is obtained and the inherent hazards of electronic distribution,
there may be delays, omissions or inaccuracies in such content
and the Site(s). BLV AND ITS SUPPLIERS, AFFILIATES, AGENTS,
ADVERTISERS, SPONSORS AND LICENSORS (THE "BLV PARTIES")
CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE(S) OR THE
SITE(S) ITSELF. THE SITE(S) ARE PROVIDED AS IS AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE BLV
PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
LOSS OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENCE
OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING OR DELIVERING THE SITE(S) AND ANY
CONTENT THROUGH THE SITE(S). IN NO EVENT WILL THE BLV PARTIES
BE LIABLE TO YOU IN RELIANCE ON SUCH CONTENT OR THE SITE(S).
THE BLV PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
DAMAGES OR ANY OTHER DAMAGES EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE BLV PARTIES,
IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN
CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE
SITE(S) OR THE CONTENTS OF THE SITE(S) SHALL NOT EXCEED THE
AMOUNT YOU PAID TO BLV FOR THE USE OF THE SITE IN THE 12 MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
THE BLV PARTIES MAKE NO WARRANTY THAT THE SITE(S) OR CONTENTS
OF THE SITE(S) ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING
ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Certain
links on the Site(s) lead to resources located on servers
maintained by third parties over whom BLV has no control.
BOV accepts no responsibility or liability for any of the
material contained on those servers.
9. Travel Products
All persons traveling on a Public Charter Flight must read
and acknowledge acceptance of the Tour Participant Agreement.
This requirement fulfills the requirement of Section 380 of
the United States’ Department of Transportation Special
Regulations concerning the advertisement, sale, and operation
of Public Charter tours.
10. Miscellaneous
BLV may discontinue or change the Site(s), or the availability
to you at any time and you may terminate your use at any time.
This Agreement is personal to you and you may not assign your
rights or obligations to anyone. If any provision in this
Agreement is invalid or unenforceable under applicable law,
the remaining provisions will continue in full force and effect.
This Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws
of the United States of America and the Commonwealth of Maryland,
as if the Agreement was a contract wholly entered into and
wholly performed within Maryland. This Agreement will not
be governed by the United Nations Convention on Contracts
for the International Sale of Goods. Any action to enforce
this agreement or any matter relating to your use of the Site(s)
shall be brought exclusively in the federal or state courts
located in College Park, Maryland and you irrevocably agree
to submit to the jurisdiction of such courts.
|
 |