TRAVEL + LEISURE GO STAY AND SAVE

Terms and Conditions

1. GENERAL

1.1. Welcome to the TRAVEL + LEISURE GO STAY AND SAVE site (the "Web Site"), a third-party provider of travel, operated by Panorama Travel Solutions, LLC f/k/a Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) (referred to herein as "PTS", "We", "Our", "Us" or "TRAVEL + LEISURE GO STAY AND SAVE"). The goal of this Web Site is to provide you (referred to herein as "User", "Traveler", "You", or "Your") with easy access to your account (“Account”) which permits you to offer certain travel offerings.

1.2. These TRAVEL + LEISURE GO STAY AND SAVE Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between TRAVEL + LEISURE GO STAY AND SAVE and You.

1.3. From time to time, TRAVEL + LEISURE GO STAY AND SAVE products and services may be fulfilled by either an affiliate of PTS or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with PTS or its affiliates (collectively referred to herein as "Provider(s)"). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through TRAVEL + LEISURE GO STAY AND SAVE, including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").

1.4. By purchasing products and services through TRAVEL + LEISURE GO STAY AND SAVE, User acknowledges and agrees to be bound by these Terms and Conditions, the Privacy Notice, and the terms and conditions of applicable Provider, and User accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, "Guests").

1.5. Additionally, User agrees that it is solely User’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through TRAVEL + LEISURE GO STAY AND SAVE of the contents of these Terms and Conditions, the Privacy Notice, and all applicable Provider Terms.

1.6. THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.

1.7. YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.

2. ELIGIBILITY

2.1. TRAVEL + LEISURE GO STAY AND SAVE is open to residents domiciled in the United States and Canada who are users of certain specified PTS partners, as well as anyone with an immediate family relationship (i.e., spouse, mother/father, son/daughter or significant other) with any of the foregoing persons who are not otherwise barred from participating by applicable laws or regulations, such as the prohibition of the inclusion of individuals who appear on the U.S. Department of the Treasury’s Office of Foreign Access Control’s Specially Designated Nationals list. TRAVEL + LEISURE GO STAY AND SAVE reserves the right to verify, or require proof of eligibility in order to obtain an Account, and any fraudulent or wrongful information provided in order to obtain such Account, could result in the suspension or cancellation of such Account or bookings. TRAVEL + LEISURE GO STAY AND SAVE reserves the right to alter these eligibility requirements at any time.

2.2. Users are responsible for reading and understanding these Terms and Conditions, the Booking Rules, as well as the TRAVEL + LEISURE GO STAY AND SAVE Privacy Notice, and any other communications from PTS about the TRAVEL + LEISURE GO STAY AND SAVE program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any TRAVEL + LEISURE GO STAY AND SAVE services, a User acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Users understand that TRAVEL + LEISURE GO STAY AND SAVE does not control the privacy practices of these Providers. If a User has any questions about the TRAVEL + LEISURE GO STAY AND SAVE program or these Terms and Conditions, the User should contact TRAVEL + LEISURE GO STAY AND SAVE Customer Service at 844-965-4056. If a User has any questions about the TRAVEL + LEISURE GO STAY AND SAVE Privacy Notice or its collection, use, or disclosure of a User’s data, the User should consult the Privacy Notice.

2.3. By accepting any TRAVEL + LEISURE GO STAY AND SAVE services, a User acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each User must immediately notify TRAVEL + LEISURE GO STAY AND SAVE if they are not eligible to receive any services at any time.

3. FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION

3.1. TRAVEL + LEISURE GO STAY AND SAVE is offered and fulfilled by PTS (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. PTS is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. PTS has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.

4. PROVISION OF INFORMATION

4.1. Travel, travel provider, and product and service information provided to User may be based on information received from Providers. While TRAVEL + LEISURE GO STAY AND SAVE makes reasonable efforts to ensure that this information is accurate and complete, TRAVEL + LEISURE GO STAY AND SAVE expressly disclaims liability for inaccurate, incomplete, or misleading information.

5. MODIFICATIONS OF THE TERMS AND CONDITIONS

5.1. These Terms and Conditions are subject to change at any time at the sole discretion of TRAVEL + LEISURE GO STAY AND SAVE without prior notice to Users (except where required by law). By enrolling into the TRAVEL + LEISURE GO STAY AND SAVE, User acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.

6. NO COMMERCIAL USE

6.1. User purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of Your Account without (a) refund or (b) any further duty, obligation or liability to You.

7. TRAVEL + LEISURE GO STAY AND SAVE’S ROLE

7.1. User and TRAVEL + LEISURE GO STAY AND SAVE are dealing at arms’ length, creating a commercial relationship. TRAVEL + LEISURE GO STAY AND SAVE is not User’s agent or User’s fiduciary. By purchasing products and services through TRAVEL + LEISURE GO STAY AND SAVE, User acknowledges and agrees that no such agent or fiduciary relationship exists between User and TRAVEL + LEISURE GO STAY AND SAVE.

7.2. In connection with products or services not directly supplied and fulfilled by TRAVEL + LEISURE GO STAY AND SAVE, TRAVEL + LEISURE GO STAY AND SAVE is acting as an intermediary for the Provider of any such product or service, and for any Provider in selling such services, or in accepting reservations or bookings for such services.

8. SUSPENSION, TERMINATION, AND AVAILABILITY

8.1. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through TRAVEL + LEISURE GO STAY AND SAVE. User participation may be denied if Usership is not in good standing, such as if a User is not current in all fees due to TRAVEL + LEISURE GO STAY AND SAVE.

8.2. We may (without refund or credit) suspend or terminate an Account (without prior notice, or first being required to suspend, or allow for a cure period), cancel a booking (without refund or credit), cancel travel credits, or deny access to any of the products or services offered in connection with an Account upon the occurrence of any of the following: i. Breaches of any provision of these Terms and Conditions or the Booking Rules, Terms of Use, or Privacy Notice by the User or his or her guest(s) ii. Failure to pay any fees due and owing respecting TRAVEL + LEISURE GO STAY AND SAVE or any of its affiliates, including resort fees and service fees; iii. Misuse, as determined in TRAVEL + LEISURE GO STAY AND SAVE’s sole discretion, of any User benefit, travel credit, or reservation by the User or his or her guest; iv. Following suspension, if applicable, if the User fails to cure the reasons for such suspension within such time as determined by TRAVEL + LEISURE GO STAY AND SAVE, however, suspension is not a condition precedent to termination, therefore a User may be terminated without first being suspended; v. Upon termination of the TRAVEL + LEISURE GO STAY AND SAVE; vi. Upon any determination by TRAVEL + LEISURE GO STAY AND SAVE, in its sole discretion, that a User or guest is abusive to any TRAVEL + LEISURE GO STAY AND SAVE, affiliate, inventory provider or ancillary travel products provider personnel; vii. If a User or guest causes property damage to any resort, inventory, or other travel product; viii. If required to do so by any local, state or federal governmental entity (or its equivalent if a foreign country) and/or by any laws, rules or regulations that may apply; or ix. for any other reason in the sole discretion of TRAVEL + LEISURE GO STAY AND SAVE.

9. PRICES AND RATES

9.1. The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to User in full, and User agrees to pay TRAVEL + LEISURE GO STAY AND SAVE for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.

10. CURRENCY

10.1. All fees and charges are payable in United States Dollars (USD).

11. PAYMENT

11.1. TRAVEL + LEISURE GO STAY AND SAVE products and services may be purchased with any participating valid credit or debit card.

11.2. If using a debit card, User may purchase products or services with a debit card that displays a Visa or MasterCard logo.

11.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with User’s credit card or debit card transaction, TRAVEL + LEISURE GO STAY AND SAVE will make reasonable efforts to contact User, but TRAVEL + LEISURE GO STAY AND SAVE reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Users’ financial institution. User will be solely responsible for any Provider penalties assessed due to a payment being rejected by User’s financial institution. To make different final payment arrangements or if User experiences technical difficulties with the Web Site or if User is not sure of the status of User’s booking or payment, please call TRAVEL + LEISURE GO STAY AND SAVE customer service at 844-965-4056.

12. LIMITATION OF LIABILITY

12.1. TRAVEL + LEISURE GO STAY AND SAVE SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TRAVEL + LEISURE GO STAY AND SAVE’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF TRAVEL + LEISURE GO STAY AND SAVE, WILL BE LIMITED TO THE FEES PAID BY USER TO TRAVEL + LEISURE GO STAY AND SAVE, FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL TRAVEL + LEISURE GO STAY AND SAVE BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO TRAVEL + LEISURE GO STAY AND SAVE, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF TRAVEL + LEISURE GO STAY AND SAVE.

13. DISCLAIMER OF WARRANTIES

13.1. ALL OF OUR CONTENT, PRODUCTS, AND SERVICES PROVIDED TO YOU ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES WE PROVIDE, THE OPERATION OF OUR PROGRAM, OUR WEB SITE AND ITS AVAILABILITY OR FUNCTIONALITY, OR THE ACCURACY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS WE PROVIDE YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT OUR PROGRAM OR WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE OR ITS SERVERS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE, BOOKINGS OR RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

13.2. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL PROVIDED BY TRAVEL + LEISURE GO STAY AND SAVE TO YOU, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT, PRODUCTS, SERVICES, TEXT, AND GRAPHIC OR VIDEO CONTENT.

13.3. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION, WARRANTY, OR GUARANTEE IS MADE:

14. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.

14.1. USER AND TRAVEL + LEISURE GO STAY AND SAVE AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER USER NOR TRAVEL + LEISURE GO STAY AND SAVE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH USER OR TRAVEL + LEISURE GO STAY AND SAVE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. USER AND TRAVEL + LEISURE GO STAY AND SAVE FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF USER, TRAVEL + LEISURE GO STAY AND SAVE, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

14.2. IF THE CLASS ACTION WAIVER HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

15. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.

15.1. ARBITRATION PROVISION ("Provision"). Any dispute, controversy or claim ("Claim"), whether preexisting, present or future, arising from or relating arising from the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and Our parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors, shall, at the election of you or us, be arbitrated on an individual basis before the American Arbitration Association ("AAA") (www.adr.org, 1-800-778-7879) or Judicial Arbitration and Mediation Services, Inc. ("JAMS") (www.jamsadr.com, 1-800-352-5267) pursuant to their applicable rules and fee schedules, or before any other provider of arbitration services ("other provider") to which you and we mutually agree in writing (provided such other provider adheres to the terms of this Provision). Notwithstanding anything in these Terms and Conditions to the contrary, with respect to any disputes involving a sale, booking, processing or payment of any cruise and travel benefits or vacation club memberships services, programs or products that involve the use or utilization of an American Association of Retired Persons discount code ("AARP Booking"), such AARP Booking’s shall be arbitrated exclusively before the AAA using the AAA’s consumer Arbitration rules. A single neutral arbitrator with expertise in the subject matter of the Claim(s) shall be appointed. If the AAA and JAMS (or other provider) cannot serve, a court with jurisdiction will select the arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Provision. Any hearing will be held in a location reasonably convenient to both you and us, such as the state and county in which this agreement was signed, unless otherwise agreed by the parties in writing or ordered by the arbitrator. IF A CLAIM IS ARBITRATED, THERE WILL BE NO RIGHT TO HAVE A COURT OR TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.

15.2. "Claim" includes, without limitation, disputes concerning: purchase, financing, ownership or occupancy; breach, termination, rescission, cancellation or default; property management; reservations, discounts, points or rewards programs; applications and personal information; marketing or sales solicitations, advertisements, or promotions; disclosures; communications between you and us; collection of delinquent amounts and the manner of collection; use of resort properties; data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us of any non-public personal information about you; documents or agreements identified in or related to any of the foregoing; any prior agreement between you and us; and Claims that arose before the effective date of this agreement. In addition, the term "Claim" includes claims arising out of contracts between the parties that were entered into prior to this agreement. "Claim" also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, Uniform Commercial Code, regulation, ordinance, common law and equity.

15.3. "Claim" does not include: (i) disputes about the validity, enforceability, coverage or scope of this Provision or any part thereof, which are for a court to decide. But disputes about the validity or enforceability of the Terms and Conditions as a whole are for the arbitrator to decide; or (ii) any individual action by you or us in small claims or an equivalent court, unless that action is transferred, removed or appealed to a different court. The institution and maintenance of any such action shall not waive any party’s right to compel arbitration of any other Claim subject to arbitration, including, without limitation, the filing of a counterclaim in a suit brought by us. In any such action commenced by us, you may assert any cognizable defense permitted by applicable law which does not seek any form of affirmative relief from us, including, without limitation, damages.

15.4. Solely for purposes of this Provision, "we," "us," and "our" also mean our parent companies, subsidiaries, affiliates and assigns; our and their employees, officers and directors; and any third parties that you bring a Claim against at the same time that you bring a Claim against us or any of the foregoing. "You" and "your" also mean your heirs, successors and assigns.

15.5. Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right to (i) participate in a class action in court or in arbitration, either as a class representative or class member, (ii) act as a private attorney general in court or in arbitration, or (iii) join or consolidate Claim(s) with claims of any other person or entity. The arbitrator shall have no authority to conduct any class, private attorney general or multiple-party proceeding or to issue any relief that applies to any person or entity except you and us individually.

15.6. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision (the "award"). The arbitrator may award all remedies that would apply in an individual court action, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the agreement, the administrator’s rules or applicable law. An arbitration award may be enforced in any court with jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Provision.

15.7. This Provision shall survive the breach, cancellation, termination or rescission of this agreement, and any bankruptcy to the extent permitted by law. This Provision governs if it conflicts with the agreement or the AAA or JAMS rules, or the rules of any other provider. If any term or provision of this Provision is held to be unenforceable or invalid, the remaining provisions shall be enforced without regard to such unenforceable or invalid term or provision, except that: (i) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding involving you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, then this Provision (except for this sentence) shall be null and void in its entirety with respect to such proceeding; and (ii) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim, and that determination becomes final after all appeals have been exhausted, then the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the claim seeking public injunctive relief until the arbitration award.

15.8. Right to Reject Arbitration Provision: You may reject this Provision by sending us a written notice which gives your full name and states that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to TRAVEL + LEISURE GO STAY AND SAVE, 6277 Sea Harbor Drive, Orlando, Florida 32821, Attention: Legal Department. A rejection notice must be signed by you and received by us within thirty (30) days after the first date of your Account. Rejection of arbitration will not affect any other term of this agreement.

16. GOVERNING LAW

16.1. These Terms and Conditions, the Booking Rules and any certificates shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a User or User’s guest, whether using any product or service or traveling with the User or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against TRAVEL + LEISURE GO STAY AND SAVE, or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a User or User’s guest initiates an action at law or in equity and TRAVEL + LEISURE GO STAY AND SAVE prevails, that User or User’s guest shall pay all costs incurred by TRAVEL + LEISURE GO STAY AND SAVE defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.

17. INDEMNIFICATION

17.1. You agree to defend, indemnify and hold harmless PTS and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of PTS’s websites, memberships, or services.

18. SEVERABILITY

18.1. No waiver of these Terms and Conditions by PTS shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of PTS to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

19. AGE RESTRICTIONS

19.1. Users are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.

20. GEOGRAPHIC LIMITATIONS

20.1. Unless otherwise specified, TRAVEL + LEISURE GO STAY AND SAVE and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States or Canada. If You access TRAVEL + LEISURE GO STAY AND SAVE from locations outside the United States, You do so at Your own risk and You are responsible for compliance with any applicable local laws.

21. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED

21.1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.

21.2. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is true and accurate. You verify that You are the current subscriber or owner of any telephone number that you provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.

21.3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, Your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. You also agree that We may obtain, and You expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by You directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to Your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if You cancel Your account or terminate Your relationship with Us, except if You opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services.

21.4. Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.

21.5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message You receive. For help, text HELP. You acknowledge and agree that You may receive a text message confirming Your opt-out. To opt-out of automated telephone calls (but not text messages), call 844-965-4056. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls, We reserve the right to make non-automated calls to You relating to Your account, any transaction, account collections, or otherwise relating to Your relationship with Us. Your obligations under this Section shall survive termination of these Terms and Conditions.