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User Agreement
homesCLUB Rewards USER AGREEMENT!
PERSONAL AND NONCOMMERCIAL USE LIMITATION
The homesCLUB Rewards web site is for your personal and noncommercial use. The content and information on homesCLUB Rewards web site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to homesCLUB Rewards or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use the homesCLUB Rewards web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through the homesCLUB Rewards web site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the homesCLUB Rewards web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the homesCLUB Rewards web site are: ©2003 Destination Rewards, Inc., 621 NW 53rd Street, Suite 385, Boca Raton, Florida 33487. All rights reserved. Destination Rewards, Destination Rewards.com, Destination Cash Card, Destination Cash.com, Destination Cash Card.com and DRLoyalty.com, are either registered trademarks or trademarks of Destination Rewards, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESTINATION REWARDS, INC., ITS AFFILIATES, DISTRIBUTORS AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
HOMESCLUB MEMBERSHIP PROGRAM , ITS AFFILIATES, DISTRIBUTORS AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THE DESTINATION REWARDS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HOMESCLUB MEMBERSHIP PROGRAM OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOMESCLUB MEMBERSHIP PROGRAM , ITS AFFILIATES, DISTRIBUTORS AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR DESTINATION REWARDS, INC. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HOMESCLUB MEMBERSHIP PROGRAM OR ITS AFFILIATES OR DISTRIBUTORS. HOMESCLUB MEMBERSHIP PROGRAM AND ITS AFFILIATES AND DISTRIBUTORS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HOMESCLUB MEMBERSHIP PROGRAM AND ITS AFFILIATES AND DISRTIBUTORS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL HOMESCLUB MEMBERSHIP PROGRAM , ITS AFFILIATES, DISTRIBUTORS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE HOMESCLUB REWARDS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DESTINATION REWARDS, INC., ITS AFFILIATES, DISTRIBUTORS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify homesCLUB Membership Program , its affiliates, distributors and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of
(a) your breach of these Web Site Terms, Conditions and Notices or the
documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of the Destination Rewards web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of homesCLUB Rewards web site, you warrant that you will not use the homesCLUB Rewards web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
The homesCLUB Rewards web site may contain hyperlinks to web sites operated by parties other than homesCLUB Membership Program Such hyperlinks are provided for your reference only. homesCLUB Membership Program does not control such web sites and is not responsible for their contents. homesCLUB Membership Program 's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEB SITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by homesCLUB Membership Program , its affiliates, distributors and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
TERMS, CONDITIONS AND WARRANTIES
Tax Recovery Charge
The tax charge on homesCLUB Rewards hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that homesCLUB Membership Program pays to the vendors (e.g. hotels, etc.) in connection with your travel arrangements.
homesCLUB Membership Program is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to homesCLUB Membership Program and homesCLUB Membership Program remits such tax directly to the vendor. homesCLUB Membership Program is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. homesCLUB Membership Program actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.
homesCLUB Membership Program does not incur the cost of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and Oregon as these states do not impose a sales tax. Also, certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax charged by the vendor will vary by service and location.
Applicable Service Fee
These fees cover the costs incurred by homesCLUB Membership Program in servicing your travel reservation. Prices displayed on the homesCLUB Rewards website DO NOT include any applicable hotel service fees, charges for optional incidentals (such as minibar snacks or telephone calls), or regulatory surcharges. The supplier will access these fees, charges and surcharges upon checkout. Unless specified otherwise, rates are quoted in US dollars.
Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. homesCLUB Membership Program urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, HOMESCLUB MEMBERSHIP PROGRAM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
SERVICE HELP
Click here for help with questions or problems with this Web site.
MODIFICATION OF THESE TERMS AND CONDITIONS
homesCLUB Membership Program reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of homesCLUB Membership Program 's facilities.
GENERAL
This agreement is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Palm Beach County, Florida, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and homesCLUB Membership Program as a result of this agreement or use of this Web site.
homesCLUB Membership Program’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of homesCLUB Membership Program’s right to comply with law enforcement requests or requirements relating to your use of the homesCLUB Rewards web site or information provided to or gathered by homesCLUB Membership Program with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and homesCLUB Membership Program with respect to the Destination Rewards web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and homesCLUB Membership Program with respect to the homesCLUB Rewards web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF homesCLUB EXPERIENCE TRAVEL AGENT
The use of a homesCLUB Membership Program travel agent is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 21 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of the homesCLUB Membership Program web site (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using the Destination Rewards web site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of the homesCLUB Membership Program web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of this Web site may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in homesCLUB Membership Program debiting your account for any costs homesCLUB Membership Program incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but homesCLUB Membership Program, its affiliates, distributors and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, homesCLUB Membership Program advises the customer to consult a qualified professional to verify the accuracy of the currency rates. homesCLUB Membership Program , its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
SELLER OF TRAVEL
Destination Rewards, Inc. is a registered seller of travel in California, Florida, Hawaii, Iowa, Nevada and Washington under each state's seller of travel regulations.
California registration number: 2067889-50
Florida registration number: ST-35620
Hawaii registration number: TAR- Pending
Iowa registration number: 762
Nevada registration number: 2003-0378
Washington registration number: 602-338-670
Registration as a seller of travel in California does not constitute the state's approval.
© 2003 Destination Rewards, Inc. All rights reserved.
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