Terms of Use

Resort Connection USA LLC
106 Missions Court, Suite 601
Franklin , TN 37069

By subscribing to Resort Connection USA, you become a "Member" of Resort Connection USA LLC, and it’s subsidiary Resort Connection Realty LLC, (hereinafter collective referred to as "Resort Connection USA "). Resort Connection USA offers services to you, the Member, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind.

Member's agreement with Resort Connection USA and/or use of Resort Connection USA's services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by Resort Connection USA, in its sole discretion, at any time, without prior notice.

Based upon the Member's agreement to adhere to these Terms of Use, Resort Connection USA grants and conveys to the Member, during the term of Member's free trial, Membership and/or paid Membership, a non-exclusive, non-transferable license to use the data, information and services provided through the Resort Connection USA website subject to the License Restrictions detailed below.

License Restrictions

Member represents, warrants, affirms and agrees that the data, information and services provided by Resort Connection USA to Member will only be used by Member and that Member will not permit or allow the data, information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. Member further represents, warrants, affirms and agrees that Member will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by Resort Connection USA to Member in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

• Use other than Member's own personal use, i.e. no commercial purpose or use is permitted;
• Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
• Marketing or telemarketing uses;
• World Wide Web, Internet or online uses;
• Real estate valuation models, programs or systems;
• Inclusion or in combination with any other service or product of any kind;
• Extracting, selecting or drawing out any data element for any use;
• Real estate appraisal;
• Credit evaluation and/or supporting;
• Evaluating risk or marketing/sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
• Debt collection; and/or
• Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.

Proprietary Rights

Member represents, warrants, affirms and agrees that the data, information, services and Resort Connection USA name are proprietary information and property of Resort Connection USA , its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Member's membership only allows Member to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.

Consequences of Non-Compliance with Terms of Use

At any time that Resort Connection USA believes, in its sole discretion, that the Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, Resort Connection USA may immediately terminate the Member's membership and Member agrees that Member's sole remedy for such termination of Member’s membership shall be to receive a pro-rata refund of the membership fee paid by Member for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit Resort Connection USA’s right to pursue all claims and causes of action it may have against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney’s fees and court costs.

Terms of Membership

The term of Member’s membership is based upon the agreed upon term (e.g. monthly, quarterly, semi-annually or annually) and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by Member or Resort Connection USA . However, if the Member accepts a special introductory promotional offer for a membership, then at the conclusion of the specific initial term of the special introductory promotional offer term, the membership shall automatically renew on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly rate at time of renewal until terminated in accordance with the provisions of these Terms of Use. If Member registers for a free trial, the initial term begins at the end of the free trial period, unless the Member cancels within the free trial period.

 

Termination

Resort Connection USA reserves the right to cancel services to any Member at any time. The Member may cancel the Member's subscriptions at any time. All fees due to Resort Connection USA up to the end of the then current term billing cycle at time of termination shall remain payable to Resort Connection USA unless otherwise specifically provided otherwise to the Member in a related specific promotional offer.

The Member may terminate the membership contract by one of five ways:

• Online using the "Edit My Profile" feature in the My Resort Connection USA section of the site, accessible to the Member upon login.
• By e-mailing a cancellation request to customerservice@ResortConnection.com at least five (5) days prior to the desired cancellation date.
• By telephoning a cancellation request to 615-764-3949 during business hours of 8am to 5pm CST Monday through Friday. A $5 dollar service and processing fee will be applied for all cancellations processed via telephone.
• By faxing a cancellation request to 615-771-7357 at least five (5) days prior to the desired cancellation date.
• By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to Resort Connection USA LLC., 106 Mission Court, Suite 601 , Franklin , TN 37069 .

Survival of Terms

The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.

Member Services

Resort Connection USA LLC provides members an opportunity to preview and research available resort properties in select areas nationally and internationally. Resort Connection provides educational materials and other services that assist the member in better understanding and evaluating property and purchasing information that will be of benefit when member presents this information to third parties.

Member agrees to only provide content that member is authorized to provide by law or contractual agreement and that does not violate any other agreement or contract with a third party or the property rights of a third party.

Member further agrees not to provide any information or content to Resort Connection USA , whether online or otherwise, that is unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any other way.

 

Other Service Providers

From time to time Resort Connection USA may include on its websites third-party Service Providers such as a moving, magazine or a mortgage service provider, as well as articles written and published by third parties. Resort Connection USA posts these services on its websites as a service to its Members. Resort Connection USA is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other Service Providers. It is the Member's responsibility, and Resort Connection USA encourages this for all Members, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offering prior to entering into any engagement.

Resort Connection USA is not responsible or liable for any acts or omissions created or performed by these other Service Providers. Resort Connection USA 's websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. Resort Connection USA does not operate or control, in any respect, any information, software, products or services available on such websites. Resort Connection USA 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.

Third-Party Content and Screening

Resort Connection USA is a data aggregator of content supplied at times by third parties and Members and as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided, expressed or implied by third parties, including other Members of Resort Connection USA . Resort Connection USA reserves the right, but is not obligated, to screen and review any content provided to Resort Connection USA and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason Resort Connection USA deems relevant.

Modification Of Resort Connection USA Services

Resort Connection USA reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any Member. Resort Connection USA is not liable to any Member in the event that Resort Connection USA exercises its right to modify or discontinue any service.

PAYMENT OF CHARGES

A. Resort Connection USA primarily charges a monthly membership fee but other term time periods are available. The membership fee is calculated from the day of the term (usually monthly, but can include three month, six month, yearly, etc.) that the Member's paid membership commences. The Member agrees that if the Member applies for the seven (7) day free trial membership (if available) and does not cancel trial membership, the Member authorizes Resort Connection USA to convert the Member's trial membership into a regular membership for the term they selected effective on the seventh (7th) day, or 168 hours following the Member's initiation of the seven (7) day trial membership. The Member authorizes Resort Connection USA to, and the Member agrees that Resort Connection USA may, charge to the Member's credit card, debit card or bank account, in advance, the Member's regular membership fee for each agreed upon term of the Member's selected membership term. The Member authorizes Resort Connection USA to, and the Member agrees that Resort Connection USA may, modify and/or change the term membership fee charged to the Member upon thirty (30) days notice to the Member sent by e-mail. The term membership fee, when paid, is non-refundable and accrues on the first day of each term and/or successive renewal term until canceled, regardless of whether or not the Member accesses the database. Notwithstanding the language in this paragraph, if the membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.

B. On Time Payment

The Member is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by Resort Connection USA . Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. Resort Connection USA may terminate or disable the Member's participation in Resort Connection USA services if the Member fails to pay fully and in a timely manner all amounts due to Resort Connection USA . If the Member's credit card expires or is otherwise declined for payment, access to Resort Connection USA services and websites can be modified or suspended without notice to the Member. If any Member payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on the outstanding balance, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Member shall pay all costs of collection, including legal fees, incurred by Resort Connection USA . The Member is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Member is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to Resort Connection USA and its websites.

C. Payment Methods

The Member's complete billing address and telephone number must be provided to process payments. Resort Connection USA accepts major credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks, money orders, cashiers checks, and company checks sent by mail. However, for mailed payments, Resort Connection USA does not offer a 7-day free trial and may not credit the applicable account until additional procedures are completed and after Resort Connection USA 's bank certifies receipt of funds — typically five (5) business days. Resort Connection USA may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

D. Account Discrepancies

A Member may contact Resort Connection USA Customer Service by e-mail at customerservicet@ResortConnection.com or telephone at 866-533-3526 concerning charges or other questions regarding the status of the Member Account. However, if the Member's account questions are not satisfactorily resolved within fifteen (15) business days of Member's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Member must write to the Customer Service Department, Resort Connection USA LLC., 106 Mission Court, Suite 601, Franklin, TN 37069, delivered by United States mail or by fax to 615-771-7357. Otherwise, any and all such Member complaints are waived.

DISCLAIMERS AND LIMITATIONS

Resort Connection USA attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. Resort Connection USA LLC. does not guarantee the accuracy of the information contained in this site and instructs you to independently verify the accuracy of the information provided. In addition, Resort Connection USA may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." RESORT CONNECTION USA , ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE MEMBER'S USE OF RESORT CONNECTION USA 'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL RESORT CONNECTION USA INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH RESORT CONNECTION USA AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. RESORT CONNECTION USA AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF RESORT CONNECTION USA 'S SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE MEMBER, IF THE MEMBER RESIDES IN SUCH A JURISDICTION.

 

REGISTRATION TO SELL IN CERTAIN STATES OR COUNTRIES

These materials do not constitute an offer or solicitation of any kind, nor are they intended to be distributed in or constitute an offer to sell property in any state or country in which the Developer and/or Real Estate Broker have not registered to sell property, if required. This informational posting is not intended to be an offering to residents in any jurisdiction where prior registration is required, and further information will not be provided to residents of such jurisdictions. VOID WHERE PROHIBITED BY LAW.

Resort Connection USA is not responsible for the registration of a development in a given state or country where such registration is required. If a property is not registered in a state or country where registration is required, then the property may not be marketed in or sold to residents of the state or jurisdiction except as permitted by law.

 

INDEMNITY

As a condition of use of Resort Connection USA websites, the Member agrees to indemnify Resort Connection USA and its suppliers, distributors, or other Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's use of Resort Connection USA’s services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.

DISPUTE RESOLUTION

The Member agrees that any claim or controversy, arising out of or relating to the use of Resort Connection USA’s services, to the goods or services provided by Resort Connection USA , or to any acts or omissions for which the Member may contend Resort Connection USA is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Walton County, FL. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to Resort Connection USA. In any arbitration, Resort Connection USA will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Walton County, FL. Member and Resort Connection USA agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE MEMBER AND RESORT CONNECTION USA WILL BE RESOLVED BY BINDING ARBITRATION IN WALTON COUNTY , FL. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND RESORT CONNECTION USA RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN WALTON COUNTY , FLORIDA .

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of Florida , excluding its conflict of laws principles. If any part of these Terms of Use are 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 the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, 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. All rights not expressly granted herein are reserved.