Terms and Conditions
Usage of Websites
User Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE VIEWING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH www.shellvacationsclub.com. BY ACCESSING www.shellvacationsclub.com, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS OF USE. If you do not accept these Terms and Conditions of Use, please exit www.shellvacationsclub.com immediately.
Ownership
Shellvacationsclub.com, shellvacationsonline.com, shellhospitality.com, svctours.com, svchawaii.com, hr.shellvac.com and the web sites for individual Shell Vacations Club resorts accessed through shellvacationsclub.com, shellvacationsonline.com, shellhospitality.com, svctours.com, svchawaii.com or hr.shellvac.com (collectively, the "Web Sites") offer information on properties owned, managed, franchised or operated by Shell Vacations LLC and its subsidiaries or affiliates (collectively, "we" or "us"). Access to and use of the Web Sites is subject to any specific terms and conditions set forth on the individual pages within the Web Sites and these Terms and Conditions of Use (collectively, the "Terms"), and all applicable Federal, state or local laws and regulations, including laws and regulations governing privacy, copyright and trademark. We reserve the right at any time to change any of the terms and conditions contained herein or any information contained in the Web Sites. Any such changes will appear on the individual pages of the Web Sites and/or on this screen. By using the Web Sites, you agree in advance to accept any such changes.
Privacy
Your use of the Web Sites is subject to the Shell Vacations LLC Privacy Policy.
Use of the Web Sites
You may only use the Web Sites if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Web Sites by you and anyone using your password and login information. You may only use the Web Sites to make legitimate reservations or purchases. You may not use the Web Sites: to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms and Conditions of Use. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Web Sites.
Promotional Information
We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Web Sites. Any such program, offer or promotion is subject to the specific terms, conditions, and restrictions listed on the Web Sites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions, rules of participation and restrictions included on the Web Sites in connection with each program, offer or promotion.
Availability
The Web Sites are available worldwide to anyone with Internet access. However, the Web Sites may not be continuously available due to maintenance or repairs or due to computer problems or outages, disruption in Internet service or other unforeseen circumstances. The Web Sites contain information on our worldwide products and services, not all of which are available in every location. A reference to a product or service on the Web Sites does not imply that such product or service is or will be available in your location. The content of the Web Sites, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
General
The Terms apply to your use of the Web Sites, including, but not limited to, all transactions you effect through the Web Sites. If a court finds any of the Terms to be unenforceable or invalid, the unenforceable or invalid Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The Terms, together with the Shell Vacations LLC Privacy Policy and the items made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Web Sites, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Web Sites.
Warranty Disclaimer
YOUR USE OF THE WEB SITES IS AT YOUR OWN RISK. THE WEB SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
NEITHER US NOR ANY OF OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEB SITES OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS ARISING OUT OF YOUR USE OF THE WEB SITES OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE WEB SITES.
Links
We do not review or monitor any web sites linked to the Web Sites and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. In addition, you agree not to link your web site or any other third party web site to the Web Sites without our express prior written consent.
Governing Law and Choice of Forum
These Terms and Conditions of Use and any disputes arising out of or related to the Web Sites or use of the Web Sites, shall be governed by, construed and enforced in accordance with, the laws of the State of Illinois, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this Web Sites shall be filed only in the state or federal courts located in the State of Illinois, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Questions or comments regarding the Web Sites and the information contained in the Web Sites should be directed to svcweb_issues@shellvacationsllc.com. Any communication or material transmitted to us via the Web Sites or Internet e-mail is transmitted on a non-confidential basis.
Shell Vacations LLC Copyrights and Trademarks
The content included on the Web Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Shell Vacations LLC, its subsidiaries or affiliates, or the licensors, contractors, vendors or suppliers thereof, and are protected by copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without our written permission.
©2005 Shell Vacations LLC. All Rights Reserved. Information subject to change without notice.
Pointing the Way®, the Shell Vacations Club logo/service mark and other marks used in the Web Sites as indicated by ® are all registered trademarks of Shell Vacations LLC, and are registered with the U.S. Patent and Trademark Office and the trademark offices of certain other countries. The names, trademarks, logos, designs and trade dress shown on the Web Sites are owned by Shell Vacations LLC or its subsidiaries and affiliates, and are protected by the trademark laws of the United States and other jurisdictions.
