Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF the ActivEngage Service, a service that enables users to communicate with merchants through electronic communication using a browser-based user interface via a computer or mobile device (the “Service”). By using the Service, you agree to these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use the Service.

These Terms apply to any and all websites from which you access the Service, provided, however that there may be additional terms and conditions on those sites that apply in addition to these Terms.  We suggest you review the terms and conditions of any and all websites linked or associated with this site.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time.  By using the Service after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.

General Terms

By using the Service, you agree to be legally bound and to abide by these Terms, and they shall have the same force and effect as any other physically executed contract.  If you do not accept these Terms, please do not use the Service. All Services are provided on an AS IS, WHERE IS AND AS AVAILABLE basis.
  

Limited License

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the Service, provided that you comply fully with the provisions of these Terms.

User Conduct

You understand that all information, data, text, files, and other materials that are generated by you and/or the merchant with whom you are corresponding through the Service (collectively, the “Content”) are the sole responsibility of the person from which such Content originates. This means that you, not ActivEngage, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. ActivEngage does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of the Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is ActivEngage liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.

If applicable, we will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. Further, by electing to initiate or otherwise communicate via SMS, you’re explicitly authorizing and consenting to ActivEngage and/or the merchant sending you text/SMS messages in connection with your use of the Service.

You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.  Certain versions of the Service provide you with the ability to request a transcript of the conversations  (the “Communications”) you conduct through the Service. You will be required to provide a valid email address in order to use this optional feature, where available.

Dealing with Merchants

Your communication or business dealings with merchants through the Service, including pricing, availability, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the merchant. You agree that ActivEngage is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, communication or any representations or warranties of such merchants on the Service.

Merchants may provide links to other websites or web resources during the Communication. ActivEngage has no control over those websites and resources, and you acknowledge and agree that ActivEngage is not responsible for the availability of such external websites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from those websites or resources, nor any malware, viruses or the like that may be associated with such websites or resources. You further acknowledge and agree that ActivEngage is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

Ownership of the Communications

You acknowledge that we or the Provider of the website from which your Communications are initiated own the transcripts of the Communications you conduct through the Service, including the right to retain and/or use the Content, and that we may share them as described in our Privacy Policy and with the Provider of the website from which your Communications are initiated.

Ownership of Non-User Generated Content and Restrictions of Use

You acknowledge that the pop-up screens or windows associated with the Service contain information, software, photos, text, graphics and other materials (collectively, the “Non-User Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Non-User Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we, or the merchant you are communicating with, own a copyright in the selection, coordination, arrangement and enhancement of such Non-User Content. All trademarks appearing on any pop-up screen or window associated with the Service are trademarks of their respective owners. ActivEngage, the ActivEngage logo and the ActivEngage icon are trade names and the registered trademarks and service marks of ActivEngage. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Non-User Content that they make available on pop-up screens or windows associated with the Service.

You may not copy, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Non-User Content, in whole or in part. When Non-User Content is downloaded to your computer, you do not obtain any ownership interest in it. Modification of the Non-User Content or use of the Non-User Content for any other purpose, including, but not limited to, use of any Non-User Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. Without our prior written permission, you may not frame any of the Non-User Content, or incorporate into another website or other service any of our intellectual property.

Privacy and Security

We are committed to protecting your privacy and security. For more information, please refer to our Privacy Policy, which is incorporated into these Terms by reference.

Conduct Guidelines

As a condition of your use of the Service, you represent and warrant that you will not use it for any purpose that is unlawful or prohibited by these Terms. In doing so, you agree to be solely responsible and liable for your acts or omissions arising from or related to your use of the Service. By ways of example, and not as a limitation, you agree not to use the Service to:

Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal or equitable rights of others.

Publish, distribute or disseminate any harmful, inappropriate, profane, indecent, unlawful, immoral or otherwise objectionable material, information, or communication.

Transmit or upload any material to any of the pop-up screens or windows associated with the Service that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.

Interfere with or disrupt the Service.

Interfere with or disrupt another individual’s or entity’s use and enjoyment of the Service.

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

Violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

Disclaimers of Warranties

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE, THE RESULTS OF THE USE OF THE SERVICE OR ANY INFORMATION CONVEYED VIA THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) YOUR USE OR YOUR INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT, (C) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY MERCHANT WITH WHOM YOU COMMUNICATE THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THE METHOD OF COMMUNICATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE.

Indemnification

You agree to indemnify and, at our option, defend ActivEngage, and its officers, directors, employees, stockholders, agents and representatives from all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from (i) any Content you submit, post, transmit or make available through the Service, (ii) your improper use of the Service or (iii) your violation of these Terms, or any additional terms and conditions associated with the use of the Service.

Governing Law and Choice of Forum

These Terms are governed by and must be construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Service or these Terms must be filed only in the state or federal courts located in the Orange County of the State of Florida and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

In any action arising from the use of the Service, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

Invalidity

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision must be modified to the minimum extent necessary to make it enforceable.

Entirety of Agreement

These Terms including the Privacy Policy, as they may be amended or updated from time to time, constitute the entire agreement between you and us relating to their subject matter.

Amendment

These Terms may be modified by our posting of changes to them on the pop-up screen or window from which you initiate your Communication, or by written agreement between us. Each time you access the Service, you will be deemed to have accepted all such changes.

Assignment

We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. 
  

Nonwaiver of Default

Any failure by us to insist upon or enforce your strict performance with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in any other instance; rather, the same will be and remain in full force and effect.

   

ActivEngage Paradise Pitch Terms and Conditions

CERTIFICATE CANCELLATION

  • A booked Vacation Certificate can be cancelled if more than 45 days from check-in date. Guest will receive a credit towards a future booking less a $50.00 rebooking fee. No refund will be applied.
  • A booked Vacation Certificate can be cancelled if within 8 to 45 days from check-in date. Guest will receive a credit towards a future booking less a $199.00 rebooking fee. No refund will be applied.
  • If arrival is within 7 days, no changes, refunds or cancellations will be permitted.
  • Upgrades and additional nights may be purchased at the time of booking. Any upgrades or additional nights added after confirmation of a stay will be assessed an additional $100 rebooking fee.
  • Certificates are redeemable up to 12 months from date of purchase.
  • Maximum of 3 certificates per household.

ABOUT THE CERTIFICATE

This certificate provides two adults and up to two children (up to the age of 12) 4 nights of resort accommodations in a deluxe studio unit in your choice of Mayan Palace Resorts: Riviera Maya, Nuevo Vallarta, Puerto Vallarta, Puerto Penasco, Mazatlán or Acapulco. Riviera Maya and Nuevo Vallarta provide one way transportation from the airport to the resort, wireless internet access, fitness center access, daily maid service, turn-down service, local phone calls, internal resort transportation, welcome cocktail, daily newspaper and incoming faxes. These services are included with your tax and resort fee payment. This offer is valued at $1,596. Extended stays, room upgrades, and resort upgrades are available, if you desire to enhance your vacation, which is optional.

PROCEDURES

Upon purchasing your Privilege Pass, please call your vacation concierge at the number above to begin planning your vacation. You are responsible for a resort fee of $75 for the 4 nights at Riviera Maya and Nuevo Vallarta. Riviera Maya, Nuevo Vallarta, Puerto Vallarta, Puerto Penasco, Mazatlán, Acapulco, and other destinations in Mexico have government imposed taxes in the amount in accordance with Mexico tax law at check-in. Once you’ve booked your Resort Stay, you will receive a temporary confirmation letter by email within 1 hour of your reservation. Within 2 business days you will receive an official confirmation to present at check-in. If staying at Riviera Maya or Nuevo Vallarta, approximately two weeks prior to check in, no later than five (5) days before your date of arrival, you must contact the resort’s concierge ( send email to Shuttleservice@vidanta.com) and provide the following information: 1.) Reservation Number 2.) Number of guests (adults and children) 3.) Airline Flight Number 4.) Date and Time of your Arrival and 5.) Your email address. This will give the resort ample opportunity to set up and confirm your transportation from the airport to the resort. Any resort upgrades, extended stays or added amenities are non-refundable once you have paid for your reservation. We will allow you to make a name change to your reservation a minimum of one week in advance of your arrival date, if that becomes necessary. Travel Insurance is highly recommended.

TERMS & CONDITIONS

VacationVIP (“Vendor”) is not responsible for any acts of nature, God or any other natural disaster, which may impact availability at our participating resorts. Travel Insurance is highly recommended. All reservations and confirmations are subject to availability. Your Privilege Pass is valid for one (1) year from the day you received it and can be extended for one year for $99. Holidays are not available complementary, but may be available for an upgrade fee, depending on resort, location and time of year. Guests are responsible for any and all related costs including but not limited to: transportation from the resort to the airport, local taxes, incidentals and any other incurred costs, while on vacation. This pass does not include airfare, meals, or drinks. We are dedicated to making your vacation a memorable and trouble-free experience. If you have any questions, please contact our Customer Service at the number above.

Guests may cancel an unredeemed purchased certificate within 24 hours of purchase date. After 24 hours, the certificate is non-refundable. For redeemed certificate, if the reservation is cancelled 46 days or more prior to arrival, the guest will receive a credit towards a future booking less a $50 processing fee charged at the time of rebooking. If a reservation is cancelled within 8 to 45 days of arrival, the guest will receive a credit towards a future booking less a $199 processing fee charged at the time of rebooking. Upgrades and additional nights may be purchased at the time of booking. Any upgrades or additional nights added after confirmation of a stay will be assessed an additional $100. There are no changes or cancellations within 7 days of arrival. One pass per household/couple.

PROHIBITIONS

Among the other prohibitions set forth within these terms and conditions, and as otherwise may be adopted from time to time by the Vendor, in its sole discretion and without prior notice to Registered guest(s), the following prohibitions shall apply:Lack of Due Care. Registered Guest(s) at a Resort Unit are prohibited from conducting themselves or permitting the conduct of any other party in any manner which is in any regard not responsible, careful, respectful or securing of a Resort Unit.Pets. Under no circumstances shall pets of Registered Guest(s) be permitted at Resort Unit(s).Minors. Persons under 25 years of age are not entitled to the use of a Vendor reservation or occupancy of a Resort Unit, unless accompanied by a person of at least 25 years of age.Occupancy Maximums. The total number of people occupying a Resort Unit must not exceed the maximum occupancy of the unit set forth in the confirmation; otherwise the Vendor, the Resort Unit and/or other appropri­ate party may refuse access and/or levy an additional charge. Registered Guest(s) agree(s) to pay for any such additionally levied charges.

MARKETING CONSENT

By submitting your contact information (First Name, Last name, Email, Phone and Zip Code), you expressly authorize and consent to receive autodialed and/or pre-recorded telemarketing calls, as well text messages and emails, from or on behalf of Vacation VIP, LLC at the telephone number and email address provided. You understand that your permission overrides your listing on any state, federal or company do not call list. You also understand that your consent is not a condition of purchasing any good or service.

PRIVACY POLICY

Any and all communications, including email, written, oral or otherwise, between VacationVIP and Customer(s) is privileged and confidential information intended only for the use of the individual(s) or entity named on the communication. Dissemination of this information without the written consent of VacationVIP is strictly prohibited and shall be deemed a breach of confidentiality and is subject to legal action.