Next Vacay Terms of Service

Introduction

These Terms of Service contain the legal terms and conditions that govern our provision of services (the “Services”) and your use of and access to the Services.  In these Terms of Service Next Vacay shall be referred to as “we”, “our”, “us” or “Next Vacay”.  By using the Services, including by viewing or browsing our website and receiving emails from us, you agree to and are legally bound by the Terms of Service.  If you do not accept all of the terms contained in these Terms of Service, you may not use the Services.  By using the Services, you confirm that you are of legal age in your country jurisdiction to form a binding contract and hereby agree to be bound by these Terms of Service.

1. License.

(a) License.  Subject to the Agreement, you will have a limited, revocable, non-exclusive, non-transferable, non-sublicenseable right to use the applicable Services in accordance with the terms and conditions of these Terms of Service.

(b) License Restrictions. You will not: (i) reverse engineer, decompile, copy or disassemble the Services; (ii) market, sell, sublicense, rent, lease, or otherwise distribute the Services, in whole or in part; (iii) modify, upgrade, improve, enhance or create derivative works of any portion of the Services for any purpose (including without limitation error correction or any other type of maintenance); or (iv) remove, obscure, or alter any identification, proprietary, copyright or other notices in the Services.  

2. Conduct and Use of the Services.

You agree that you will not, and will not encourage or permit any party to, access or use the Services: (a) other than as expressly prescribed by these Terms of Service; (b) in violation of applicable law; (c) in any manner that is infringing, obscene, threatening, libelous, unlawful, or in violation of any third party rights; (d) to facilitate the transmission or use of any: (i) malicious code (including malware, viruses, worms, and Trojan horses); (ii) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (iii) code that would allow any third party to interfere with or access any data; (e) to circumvent, disable, violate, or otherwise interfere with the security or integrity of the Services, their operation, any networks or servers used in connection with the Services, or any activity being conducted in or in relation to the same (or attempt at any of the foregoing); (f) to gather, store, upload or otherwise transmit any data for which you do not have a right to do so; (g) for other than your personal use, or through automated means, including through scripts, bots or crawlers; or (h) to impersonate any person or entity.  Additionally, you agree to promptly comply with all requests for documentation and information we make relating to your use of the Services.

3. Your Responsibilities.

(a) Your Account. You are solely responsible for your Next Vacay account (your “Account”), all activities conducted in connection with your Account, and the accuracy of all information provided by or to you relating thereto, and for protecting and safeguarding the foregoing. You will only connect to the Services through your Account.

(b) Data Protection and Privacy.  You acknowledge and agree to our Privacy Policy located on our website at https://nextvacay.com.  

4. Trial Period; Payment and Refunds; Renewal.

By signing up for our Services, you are entitled to use the Services for a period of thirty (30) days as part of a free trial.  Following such thirty (30) day period, you will be required to pay our then current subscription fee, which will entitle you to use our Services for a period of twelve (12) months (the “Initial Term”), beginning on the date you began your free trial (such date, the “Effective Date”).  In the event you are not satisfied with our Services at any point prior to the six (6) month anniversary of the Effective Date, we agree to refund your subscription fee for the Initial Term; provided that you notify us in writing of your desire to terminate your subscription to the Services on our before such date.  Following such date, your subscription fee is non-refundable.  Your subscription will automatically renew for successive twelve (12) month periods following the expiration of the Initial Term, unless you notify us prior to the anniversary of the Initial Term that you desire to terminate your subscription, and any fees paid prior to such renewal will be non-refundable.  Notwithstanding the foregoing, we may terminate your use of the Services immediately upon notice to you should you breach these Terms of Service.  

5. Changes.  

We reserve the right, in our sole discretion and with or without notice from time to time, to modify or update any Services (including but not limited to the features, scope, reach and functionality).  Additionally, we may amend these Terms of Service (or any part thereof), and such amendment will take effect on the date we designate.  Further and without limit, we specifically reserve the right to make changes to the Terms of Service by publishing a revised version at https://nextvacay.com (or any successor URL we determine) as may be updated by us from time to time.

6. Warranties.

Next Vacay operates solely as a research and informational service.  You acknowledge and agree that although we will endeavor to provide information that we believe may be beneficial to you, we shall have no liability whatsoever relating to the information we make available to you.  This limitation of liability shall include but not be limited to (i) the actions or omissions of third parties and the terms, expiration or any other matter relating to third party offers that we may make available to you and (ii) cost-saving measures that we may recommend to you for which a less expensive alternative either was or later becomes available.

The Services may present advertisements or links to third party websites, applications, products, and/or services (“Third Party Ads”).  Third Party Ads are not under our control, and we do not monitor their content or privacy policies, if applicable.  We do not recommend or endorse any Third Party Ads which may be made available to you in connection with your use of the Services.  We not responsible for the availability of these Third Party Ads, or the offers, content, or other materials contained therein.  Neither Next Vacay nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ANY DATA OR INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, AND WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT CONTENT OR INFORMATION WILL BE DELIVERED.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM AND THE AGREEMENT EXCLUDES ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN NETWORK CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, DATA, CONFIDENTIAL INFORMATION AND PROPERTY.  YOU FURTHER ACKNOWLEDGE THAT WE DO NOT CONTROL NETWORKS OF THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR THE IMPACT ON THE SERVICES BY THE ACTION OR INACTION OF SUCH NETWORKS OR THIRD PARTIES.

7. Indemnification.

You will indemnify, keep indemnified, hold harmless and defend us from and against any and all claims, losses, damages, fees or other amounts arising out of or relating to any and all claims arising from or relating to use of the Services or breaches of of these Terms of Service.

8. Limitation of Liability.

IN NO EVENT SHALL WE BE LIABLE TO THE OTHER UNDER (OR IN CONNECTION WITH) THE AGREEMENT (WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STATUTORY DUTY OR OTHERWISE) AND REGARDLESS OF THE NATURE OF THE CLAIM, ACTION OR DEMAND, FOR (I) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OF ANY KIND, (II) LOSS OF PROFITS, DATA (INCLUDING BUT NOT LIMITED TO CORRUPTION OF DATA), BUSINESS OPPORTUNITIES, CONTRACTS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR FINANCIAL LOSS OF ANY KIND (WHETHER ANY OF THE TYPES OF LOSS REFERRED TO IN THIS SECTION 8 ARE DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES).

IN NO EVENT WILL WE BE LIABLE TO YOU (WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STATUTORY DUTY OR OTHERWISE) AND REGARDLESS OF THE NATURE OF THE CLAIM, ACTION OR DEMAND, FOR ANY AMOUNTS EXCEEDING THE AMOUNT OF FEES YOU PREVIOUSLY PAID TO US.

9. Reservation of Rights

The Services, along with any underlying intellectual property and proprietary rights, are the sole and exclusive property of Next Vacay and its licensors (or their licensors).  We reserve all rights not expressly granted pursuant to this Agreement.  Notwithstanding anything to the contrary, except for the limited license rights expressly provided to you, we and our licensors have and will retain all rights, title and interest (including without limitation all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services.  You acknowledge that copyright law (including international treaties, and other laws protecting intellectual property) protects the Services.  In addition, you acknowledge that the Services contain valuable trade secrets and confidential information owned by Next Vacay, including but not limited to the functionality of the Services, the appearance, content and flow of the Services, the method and pattern of user interaction with the Services.  You shall not disclose any such Confidential Information to any third party or use Confidential Information for any purpose other than the use of the Services as permitted under these Terms of Service.

10. Governing Law and Venue.

Georgia law governs the Agreement, excluding its conflict of laws principles, and the parties agree to the exclusive jurisdiction of the State and Federal courts in the State of Georgia.  We may however bring enforcement proceedings against you in any jurisdiction.

11. Notice. 

We may provide all written notices hereunder to any email address under your Account, effective upon transmission. If an email address under your Account is not valid, or we for any reason are not capable of delivering to you any notices required/permitted by the Terms of Service, our dispatch of the email containing such notice will constitute effective notice.  

12. General. 

We will not be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, without limitation, in respect of the provision of the Services, failures or delays caused by third parties, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, compliance with applicable law, any act or omission of Government or other competent authorities.  The parties are independent contractors, and there is no partnership, joint venture, joint enterprise, employment, franchise or agency relationship created by the Agreement.  Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.  You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms of Service.  We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Service without your consent.  A waiver of any provision of these Terms of Service must be made in writing to be effective, and our waiver of a breach of any provision or right contained in these Terms of Service will not constitute a continuing waiver or waive any subsequent breach or right.  If any provision of these Terms of Service are unenforceable, that provision will be modified to render it enforceable to the extent possible to affect the parties’ intention, and the remaining provisions will not be affected.  There are no other third party beneficiaries to these Terms of Service, and these Terms of Service are the parties’ entire agreement relating to its subject, and supersedes any and all prior oral and written proposals, agreements, understandings and contemporaneous discussions between the parties as to the subject matter.  You acknowledge and agree that you have not agreed to use the Services (or any part thereof) in reliance upon and nor shall you have any remedy in respect of, any representation or statement (whether made by us or any other person) which is not expressly set out in these Terms of Service.