Last Modified: January 26, 2014

The www.ResortsandLodges.com website (the “Website”) and ResortsandLodges.com mobile application (the “Application”) are made available by Travelnet Solutions Inc., a Minnesota corporation, d/b/a ResortsandLodges.com (“RAL”). By accessing and/or using the Website or the Application, or registering for a user account (“Account”), you agree to be bound by these Terms of Use (“Terms of Use”). If you do not agree to these Terms of Use, do not continue to access and/or use the Website or the Application.

THESE TERMS OF USE CONTAIN A MANDATORY ARBTIRATION PROVISION (SECTION 24), CLASS ACTION WAIVER (SECTION 24) AND JURY TRIAL WAIVER (SECTION 25) THAT AFFECT YOUR RIGHT TO BRING A CLAIM IN COURT, AS A MEMBER OF A CLASS ACTION AND IN FRONT OF A JURY. PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE YOU CONTINUE TO ACCESS AND/OR USE THE WEBSITE OR THE APPLICATION.

RAL may modify these Terms of Use from time to time, without notice, and any such modifications shall be effective immediately upon posting of the modified version. If you continue to access and/or use the Website, the Application or your Account you accept such modified terms. If you do not agree to such modified terms, do not continue to access and/or use the Website, the Application or your Account.

1. Compliance.

To ensure you are not violating any part of these Terms of Use, RAL recommends that you always review the current Terms of Use each time you visit the Website or the Application before you continue to access or use the Website, the Application or your Account. All access to and use of the Website, the Application, your Account and the information contained on or provided through the Website and the Application is subject to these Terms of Use.

2. General Use.

The Website and the Application are made available, subject to these Terms of Use, to allow lodging company users, including, but not limited to, resorts, hotels, motels and inns (collectively “Lodging Companies”), to post listings for lodging accommodations that they own or manage which are available for rent (“Accommodations”) for end users seeking to research, plan and book such Accommodations (collectively “Travelers”). In order for a Traveler to write a review of a particular Accommodation, compare Accommodations, book an Accommodation, sign up for RAL’s newsletter or track favorite destinations, a Traveler must register for an Account, and in order for a Lodging Company to list an Accommodation, it must register for an Account. You may view Accommodations without an Account. Subject to these Terms of Use, and unless otherwise agreed by RAL, RAL grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Website and the Application solely for those purposes described in this Section 2 and for your internal benefit. Except as otherwise expressly set forth herein, you shall have no other rights to the Website or the Application, and no other rights shall be implied.

3. Accounts.

You may not have more than one (1) Account. The security, confidentiality and integrity of your Account and password are your sole responsibility and you agree to bear all liability for the same as well as all use and/or charges incurred from use of the Website or the Application with your Account and/or password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account or password. Notwithstanding anything to the contrary, you hereby authorize RAL to use and disclose your Account information if required by applicable law or where necessary to enforce these Terms of Use and/or to protect any of RAL’s or other parties’ legal rights. By registering for an Account you hereby authorize RAL to use your Account information to send you commercial communications, including, but not limited to, marketing materials related to the Website or the Application; provided that you may unsubscribe from such communications by logging into Account and selecting unsubscribe.

4. Accommodation Booking – Lodging Companies.

The Lodging Company will be notified in the event a Traveler requests to book its Accommodation(s). The notification will include the name of the Traveler, the Accommodation and the requested date(s) of booking. In such an event, the booking request (a) will be accepted if the Lodging Company has requested that RAL allow for automatic booking, or (b) must be accepted or rejected by the Lodging Company within twenty-four (24) hours of the initial request, and if not accepted within such time period, it will be deemed rejected.

5. Accommodation Booking – Travelers.

Travelers who request a booking hereby authorize RAL, in its sole discretion, to obtain a preauthorization of the Traveler’s credit card for the Charged Fees (as defined below) and/or to charge such credit card a nominal amount to verify its validity. If a requested booking is rejected pursuant to the process described in Section 4 above, any credit card preauthorization will be cancelled. If a requested booking is accepted pursuant to the process described in Section 4 above, Travelers agree to pay the Total Fees for the applicable Accommodation and authorize RAL to charge and collect the Charged Fees by charging the applicable credit card or other authorized account. Once the booking is complete, Travelers will receive a booking confirmation email.

6. Accommodation Fees.

The fees for each listed Accommodation include the rental fees charged by the Lodging Company (the “Rental Fees”), the service fees charged by RAL pursuant to a separate agreement between RAL and the Lodging Company (the “Service Fee”) and any applicable taxes, fees, assessments, charges and duties (the “Taxes” and collectively with the Rental Fees and Service Fee, the “Total Fees”); provided that RAL will only charge and collect the Service Fee, the Taxes and one (1) night of the Rental Fees (collectively the “Charged Fees”) and the Traveler will be obligated to pay the Lodging Company directly for the balance of the Total Fees. Each Lodging Company hereby appoints RAL and its successors and assigns as its agent for the sole purpose of collecting payments made by Travelers for Accommodations on behalf of each Lodging Company, and remitting the applicable portion of the Charged Fees to the Lodging Company; provided that RAL does not assume any liability for acts or omissions of the Lodging Company or its agents by reason of this appointment. As of the date of these Terms of Use, RAL does not charge fees for listing Accommodations on the Website or the Application. However, RAL reserves the right, in its sole discretion, to charge and collect such listing fees from Lodging Companies. Any changes to these Terms of Use to allow for such listing fees shall be implemented through the amendment process described above

7. Cancellations and Refunds.

If a requested booking is rejected pursuant to Section 4 above, any amounts paid by the Traveler to RAL for the cancelled booking will be refunded to the Traveler and any credit card preauthorization for the cancelled booking will be cancelled. In all other cases, the Charged Fees are non-refundable. If a Traveler cancels an accepted booking (if applicable pursuant to the Lodging Company’s separate agreement, terms or conditions referenced in Section 9 below) or a Lodging Company cancels a booking, refunds shall be governed by the applicable Lodging Company’s refund policy, and the Traveler must be pursue any refund through the applicable Lodging Company pursuant to such policy and not through RAL; provided that in no such event shall the Service Fee be refundable. Each Traveler acknowledges and agrees that in such a scenario, RAL and the applicable Lodging Company may not be required to refund any part of the Total Fees.

8. Taxes.

Each Lodging Company agrees to provide a completed Form W-9 to RAL at the time of registration for its Account. You shall be solely responsible for any and all federal, state and local taxes, fees, assessments, charges and duties imposed on your use of the Website, the Application, the rental of Accommodations and other transactions contemplated by these Terms of Use.

9. Additional Terms.

The applicable Lodging Company is solely responsible for its Accommodations, including, but not limited to, any Accommodations booked by Travelers through the Website or the Application. Travelers acknowledge and agree that they must enter into a separate agreement with the applicable Lodging Company in connection with the Accommodation and/ or will be required to accept separate terms and conditions imposed by the Lodging Company in connection with the Accommodation. RAL is not a party to such separate agreement, terms or conditions and shall have no obligation to abide by them and hereby disclaims all liability pursuant thereto. The applicable Traveler is solely responsible for any such obligations and shall abide by the same. Notwithstanding the foregoing, Travelers acknowledge and agree that RAL is appointed as each Lodging Company’s agent solely for the purpose of collecting payments from Travelers for Accommodations, and that upon payment in full of the Charged Fees to RAL for the applicable Accommodation, the applicable Traveler’s payment obligations for the Charged Fees to the Lodging Company shall be satisfied and the Traveler shall owe the Lodging Company the balance of the Total Fees.

10. Prohibited Uses.

In addition to uses otherwise prohibited by RAL, these Terms of Use or applicable law, you may not, and you may not allow any third party to, do any of the following:

  • Access or use the Website or the Application if you or such third parties are under eighteen (18) years old. The Website and the Application are intended only for use by those eighteen (18) years old or older, and by accessing and/or using the Website or the Application you represent and warrant that you meet such age requirements.
  • Change or delete any copyright or proprietary notice from the Website or the Application or any site accessible through the Website or the Application.
  • Use or access the Website or the Application to send unsolicited commercial email to any person, or to threaten, harm or harass another user’s Account, use and/or access to the Website or the Application, including, but not limited to, attempting to gain access to another user’s Account, password and/or personal information.
  • Use or access the Website or the Application by artificial means or in a manner that, in RAL’s sole discretion, would inflict an excessive load on RAL’s or its vendors’ hardware or software.
  • Post, upload or transmit:
    • any data, content or materials contained on or provided through the Website or the Application outside of the Website or the Application, in whole or in part.
    • any data, content or materials meant to market or advertise non-RAL services, or solicit any other users of the Website or the Application for such purposes and/or use data, content or materials gathered from the Website or the Application for such purposes.
    • any data, content or materials of any type that infringes or violates any rights of any party, including, but not limited to, any patent (including any business process patent), copyright, trademark, trade secret or any proprietary or other right of RAL or a third party.
    • any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of RAL or a third party, including, but not limited to, any malicious software or computer code (such as a virus).
    • any disabling code (defined as computer code designed to interfere with the normal operation of the Website, the Application or RAL’s or its vendors’ hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Website, the Application or RAL’s or its vendors’ hardware or software.
  • List any Accommodations through the Website or the Application that the listing Lodging Company does not own or have all rights necessary to list as available for rent and to rent, or where such listing or rental would require any additional authorization, consent or approval of or by any other person or entity or constitute a default under any indenture, license, lease, mortgage, instrument or other agreement.
  • Use or access the Website or the Application to contact a Traveler or Lodging Company for any purpose other than to inquire into an Accommodation, through the Website or the Application, including, but not limited to, in order to circumvent RAL.
  • Decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization), modify or create a derivative work of the Website or the Application (or any portion of the Website or the Application) or from any other information by any means whatsoever.
  • Distribute, disclose or allow use of any portion of the Website, the Application or your Account in any format through any timesharing device, service bureau, network or by any other means, to or by any unauthorized third party.

11. Obligations.

You acknowledge that RAL is solely a provider of the Website and the Application, and only facilitates the booking of Accommodations between Travelers and Lodging Companies. RAL does not own, rent, manage or control Accommodations and has no control over the condition or quality of Accommodations. You acknowledge and agree that you are using the Website, the Application and Accommodations at your sole risk and that you are personally responsible for verifying their suitability for your needs. By submitting information to the Website, the Application or to RAL (by any means), you accept sole responsibility for transmission of such information and any resultant damages to you or a third party.

12. Ownership.

Although some material on the Website or the Application may be the intellectual property of a third party that RAL has a right to use, you acknowledge that as between you and RAL, RAL owns all right, title and interest in, and retains any copyright and other intellectual property rights in and to the Website and the Application and all data and information provided on or through the Website or the Application by RAL and its authorized suppliers (for the avoidance of doubt, this expressly excludes any and all user-generated content). You must comply with all copyright, trademark, legal notices and similar restrictions. For the avoidance of doubt, RAL is the owner of the Website and the Application and no other party will acquire any interest in the Website or the Application by reason of these Terms of Use. If you submit, post or upload any content, business information, ideas, data, concepts or inventions through the Website, the Application or to RAL (by any means), you grant to RAL a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sub-licensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content, business information, ideas, concepts or inventions in any media or medium, or any form, format or forum now known or hereafter developed. To the extent you are not the lawful owner of such rights, you represent and warrant that you have authority from the owner of such content or intellectual property to grant such rights to RAL.

13. User-Generated Content.

Any user-generated content is the sole responsibility of the user that submitted that content. You agree that the content you generate shall be truthful and not misleading. RAL reserves the right (but is not obligated) to edit or remove any user-generated content in whole or part, at any time and for any or no reason. RAL does not control the content generated by users and is under no circumstances liable in any way for any user-generated content that is posted or made available through the Website or the Application. RAL does not endorse any user-generated content or data, and does not warrant or guarantee the integrity, truthfulness, accuracy or quality of any user-generated content. You agree that RAL is not liable for any loss or damage of any kind resulting from the access or use of any user-generated content posted on the Website or the

14. Links.

The Website and the Application may contain links to third party websites. RAL has no control over and is not responsible for those third party sites or the content provided on or through such sites. You should review the applicable terms of use and/or privacy policies for such sites before using them. You hereby accept sole liability for the use of such links to third party websites and you acknowledge and agree that you access those third party sites at your sole risk.

15. Waiver & Release.

You hereby unconditionally waive, release, relinquish and forever discharge RAL, its employees, officers, shareholders and directors, and their affiliates, agents, attorneys, representatives, successors and assigns (collectively the “Released Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect (collectively “Claims”), arising out of or related to these Terms of Use, the Website, the Application, any Accommodations or any agreements between Travelers and Lodging Companies, including, but not limited to, the condition of or injuries caused by or on Accommodations or the tortious conduct of any other users, Travelers, Lodging Companies and/or their employees, agents, guests and family members; provided that the foregoing shall not apply to Claims that RAL has not remitted to a Lodging Company the appropriate portion of the Charged Fees paid to RAL by a Traveler for an Accommodation. You agree to not sue any of the Released Parties, or assist any other person or entity in any suit against the Company’s Released Parties, with respect to any claim released in this Section 15. You represent that you have read and understand the terms of this Section 15.

16. Waiver & Release.

You hereby unconditionally waive, release, relinquish and forever discharge RAL, its employees, officers, shareholders and directors, and their affiliates, agents, attorneys, representatives, successors and assigns (collectively the “Released Parties”), from any and all claims, counterclaims, demands, causes of action, suits, liabilities, damages, losses, costs and expenses, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect (collectively “Claims”), arising out of or related to these Terms of Use, the Website, the Application, any Accommodations or any agreements between Travelers and Lodging Companies, including, but not limited to, the condition of or injuries caused by or on Accommodations or the tortious conduct of any other users, Travelers, Lodging Companies and/or their employees, agents, guests and family members; provided that the foregoing shall not apply to Claims that RAL has not remitted to a Lodging Company the appropriate portion of the Charged Fees paid to RAL by a Traveler for an Accommodation. You agree to not sue any of the Released Parties, or assist any other person or entity in any suit against the Company’s Released Parties, with respect to any claim released in this Section 15. You represent that you have read and understand the terms of this Section 15.

16. Disclaimer.

THE WEBSITE, THE APPLICATION AND ANY DATA OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE AND THE APPLICATION ARE PROVIDED ON AN “AS IS” BASIS. ACCESS TO THE WEBSITE AND THE APPLICATION IS VOLUNTARY AND AT YOUR SOLE RISK. EXCEPT AS SET FORTH IN THESE TERMS OF USE, RAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT) WITH REGARD TO THE WEBSITE, THE APPLICATION OR ACCOMODATIONS, OR WITH RESPECT TO ANY DATA OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT RAL AND THE OTHER RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE, THE APPLICATION, ANY ACCOMODATION, ANY AGREEMENTS BETWEEN TRAVELERS AND LODGING COMPANIES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR THE APPLICATION.

17. Limitation of Liability (Certain Categories of Damages Not Recoverable).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAL OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ANY LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DUTY TO WARN AND STRICT LIABILITY), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, THE APPLICATION, ACCOMODATIONS, ANY AGREEMENTS BETWEEN TRAVELERS AND LODGING COMPANIES, OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.

18. Limitation of Liability (Strict Dollar Cap on Total Amount of Potential Damages).

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL RAL AND THE OTHER RELEASED PARTIES BE LIABLE FOR DAMAGES EXCEEDING THE GREATER OF (A) IF YOU ARE A TRAVELER, THE FEES YOU PAID AND OWE TO RAL THROUGH THE WEBSITE AND THE APPLICATION IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES, (B) IF YOU ARE A LODGING COMPANY, THE FEES PAID AND OWNING BY RAL TO YOU THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES, OR (C) $100.00. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT.

19. Time Limit for Making Claims Against RAL.

Any claims against RAL or any other Released Party arising out of or related to these Terms of Use, the Website and/or the Application must be brought within one (1) year of the date of the event giving rise to such action occurred.

20. Acknowledgement Regarding Disclaimers and Limitation of Liability as Fundamental Elements of Your Agreement with RAL.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER AND LIMITATIONS OF LIABILITY SET FORTH IN THE FOREGOING SECTIONS ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE WEBSITE AND APPLICATION WOULD NOT BE PROVIDED TO YOU ABSENT SUCH DISCLAIMER AND LIMITATIONS OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SUCH SECTIONS MAY NOT APPLY TO YOU.

20. Indemnification.

You shall indemnify, defend and hold RAL and the other Released Parties harmless from and against all claims, rights, costs (including, but not limited to, reasonable attorney’s fees), liabilities or causes of action brought against such parties arising out of or related to your use of the Website, the Application, the Accommodations, any agreements between Travelers and Lodging Companies or your breach of these Terms of Use, including, but not limited to, the condition of or injuries caused by or on Accommodations or the tortious conduct of any other users, Travelers, Lodging Companies and/or their employees, agents, guests and family members.

21. Assignment.

You may not assign or transfer these Terms of Use, or any of your rights or obligations hereunder, including, but not limited to, your Account, without the prior written consent of RAL, and any attempted assignment or transfer without RAL’s prior written consent shall be null and void. All of the terms and provisions of these Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns/transferees.

22. Governing Law.

These Terms of Use shall be governed by, construed and enforced according to the laws of the State of Minnesota, without regard to its conflict or choice of law principles; provided that to the extent the substantive and procedural laws of the United States would apply to these Terms of Use, they shall supersede the application of Minnesota law. Subject to Section 24 below, any action arising out of or relating to these Terms of Use shall be brought only in the state or federal courts of Hennepin County, Minnesota, and all parties expressly consent to such court’s jurisdiction and irrevocably waive any objection with respect to the same, including any objection based on forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

23. Arbitration & Class Waiver.

If any Claim arising out of or related to these Terms of Use, the Website or the Application cannot be settled by the disputants, the Claim shall be resolved pursuant to informal arbitration by an arbitrator selected under the Commercial Arbitration Rules of the American Arbitration Association (as then in effect for expedited proceedings) and located in Hennepin County, Minnesota, and such arbitration shall be conducted in that same location under such rules. Notwithstanding the foregoing, no disputant shall be required to seek arbitration regarding any cause of action that would entitle such disputant to injunctive relief. Each of the disputants shall be entitled to present evidence and argument to the arbitrator. The arbitrator shall permit reasonable pre-hearing discovery of facts, to the extent necessary to establish a Claim or a defense to a Claim, subject to supervision by the arbitrator. The determination of the arbitrator shall be conclusive and binding upon the disputants and a court judgment upon the same may be entered in any court having competent jurisdiction thereof. The arbitrator shall give written notice to the disputants stating the arbitrator’s determination, and shall furnish to each disputant a signed copy of such determination. Subject to Section 27 below, the expenses of arbitration shall be borne equally by the opposing disputants. ALL PARTIES EXPRESSLY WAIVE THEIR RIGHTS AND ABILITIES TO MAINTAIN A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM, INCLUDING, BUT NOT LIMITED TO, ARIBTRATION AND COURT, AND ANY AND ALL CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY PURPORTED CLASS ACTION OR SIMILAR PROCEEDING.

24. Arbitration & Class Waiver.

If any Claim arising out of or related to these Terms of Use, the Website or the Application cannot be settled by the disputants, the Claim shall be resolved pursuant to informal arbitration by an arbitrator selected under the Commercial Arbitration Rules of the American Arbitration Association (as then in effect for expedited proceedings) and located in Hennepin County, Minnesota, and such arbitration shall be conducted in that same location under such rules. Notwithstanding the foregoing, no disputant shall be required to seek arbitration regarding any cause of action that would entitle such disputant to injunctive relief. Each of the disputants shall be entitled to present evidence and argument to the arbitrator. The arbitrator shall permit reasonable pre-hearing discovery of facts, to the extent necessary to establish a Claim or a defense to a Claim, subject to supervision by the arbitrator. The determination of the arbitrator shall be conclusive and binding upon the disputants and a court judgment upon the same may be entered in any court having competent jurisdiction thereof. The arbitrator shall give written notice to the disputants stating the arbitrator’s determination, and shall furnish to each disputant a signed copy of such determination. Subject to Section 27 below, the expenses of arbitration shall be borne equally by the opposing disputants. ALL PARTIES EXPRESSLY WAIVE THEIR RIGHTS AND ABILITIES TO MAINTAIN A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM, INCLUDING, BUT NOT LIMITED TO, ARIBTRATION AND COURT, AND ANY AND ALL CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY PURPORTED CLASS ACTION OR SIMILAR PROCEEDING.

25. Jury Waiver.

THE PARTIES VOLUNTARILY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING WHICH MAY RIGHTFULLY BE BROUGHT IN COURT ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE OR THE APPLICATION, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL, TORTIOUS OR OTHER CLAIM. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE LEGAL EFFECT OF THIS WAIVER.

26. Personal Information.

RAL collects and uses your personal information in accordance with RAL’s Privacy Policy which is incorporated herein by reference. To access RAL’s Privacy Policy, CLICK HERE. Any Account information except the credit card data you supply, your password and any Federal or State tax ID you may supply may be used in connection with the promotion of the Website or the Application, unless prohibited by applicable law.

27. Costs of Litigation.

To the extent not prohibited by law, you shall be responsible for all charges, fees and expenses (including reasonable attorney’s fees) incurred by RAL in enforcing or attempting to enforce its rights hereunder, regardless of whether suit is commenced. In the event applicable law would convert this provision into a bilateral (i.e. “prevailing party”) fee shifting provision, this provision shall be deed severed from these Terms of Use and the remainder of these Terms of Use will remain in full force and effect.

28. Suspension, Termination & Cancellation.

RAL reserves the right, in its sole discretion, to take any of the actions set forth in this Section 28. These actions include the right to suspend or terminate the Website, the Application and/or your Account without notice for any reason, including, but not limited to, if RAL believes that you are in violation of any of the provisions of these Terms of Use, including, but not limited to, Section 10 above. RAL reserves the right to demand proof of eligibility at any time, and suspend or terminate your Account if satisfactory evidence of eligibility is not promptly provided. RAL may deny you access to areas of the Website or the Application requiring an Account if RAL has grounds to suspect that the user information you have provided is inaccurate, not current or incomplete. If RAL believes your Account and password are being used without your authorization, RAL may, without notice, deny or block a transaction made through your Account and password until such time as RAL is satisfied that only you are accessing your Account. In the event you desire to terminate your Account you may do so by logging in to your Account and selecting to terminate it.

29. Payment of Fees.

If you elect to make payments by credit card payment, PayPal transfer or otherwise, and such method of payment is approved by RAL, you are responsible for providing a valid credit card and/or account number at the time you elect to make such payments. You represent and warrant that you are an authorized user of the credit card and/or account number provided, and you agree to pay all charges resulting from your use of a credit card and/or other payment method, including any unauthorized charges incurred prior to your notifying RAL of such charges. You agree that RAL may pass your credit card and/ or account information and personally identifiable information to RAL’s designated service provider(s) for their use in processing such payments.

30. Force Majeure.

RAL shall not be responsible for delays or failures of performance resulting from acts beyond the reasonable control of RAL. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.

31. Miscellaneous.

Section headings are not to be considered part of these Terms of Use. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise expressly set forth herein, should any provision of these Terms of Use be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms of Use, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms of Use will remain in full force and effect; provided that if the last sentence of Section 24 above is held invalid or unenforceable in a particular scenario, all of Section 24 above shall be deemed severed from these Terms of Use for such scenario. Each party hereto agrees to execute and deliver such other documents, instruments and agreements and to take such further action as is reasonably requested by the other party to consummate or to evidence the consummation of the transactions contemplated herein. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties with respect to the subject matter hereof. There are no warranties, representations or agreements among the parties with respect to subject matter hereof, except as set forth or referred to herein. Nothing in these Terms of Use is intended to confer upon any person other than the parties hereto, and their respective heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms of Use. Any and all rights and obligations contained in these Terms of Use which by their nature and/or context are intended to survive termination of these Terms of Use shall so survive, including, but not limited to, the limitation of liability, disclaimer and indemnification. No breach or right under these Terms of Use may be waived unless in writing signed by the waiving party. The Website and the Application may not be available in all areas and are subject to applicable laws and regulations. If you are accepting these Terms of Use on behalf of an entity, you represent and warrant that you are an authorized representative of such entity and have the ability to bind such entity to these Terms of Use.

32. Intellectual Property.

If you find or suspect an intellectual property infringement (e.g. trademark, copyright), please report it to RAL using the contact information located in Section 33 below and include the following information. Upon receiving such information, RAL will investigate the matter.

  • Your name, address, telephone number and email address so RAL may contact you for further information.
  • A description of the intellectual property in question.
  • A description of where the intellectual property is located on the Website or the Application.
  • If applicable, a statement by the owner that they believe the intellectual property in question was used without their permission.

33. RAL Contact Information.

If you have any questions or comments regarding these Terms of Use, the Website or the Application, or if you need to contact RAL for any reason, RAL’s contact information is as follows:

ResortsandLodges.com
Attn: Website Administrator
9900 Hemingway Avenue South
Cottage Grove, Minnesota 55016
terms@resortsandlodges.com
Phone: 651.757.4900
Fax: 651.578.0383