TERMS AND CONDITIONS
LAST UPDATE: August 7, 2022
1. About this Page:
Welcome to the “Terms of Use” page of this website www.dvcescape.com. From now, we will refer to the Terms of Use as “terms”. These terms will explain to you the manner in which you can use our website.
2. Meaning of You and We:
By using the word “you”, we mean the user (guest or buyer or seller) using this website. In these terms, the word “you” may also be referred to as “your” or “yours”. You may be a user who has not created an account on the website also called a “guest” or a user who has created an account on the website. The word “we” means Firepit Partners, Inc. ("FPI"). Firepit Partners, Inc. ("FPI") owns and operates this website. In these terms, the word “we” may also be referred to as “us” or “our”.
3. Legal Contract:
All of these terms will together form a legally binding contract between you and us. Whenever you access or use our website for any purpose, these terms become applicable to you. By breaching these terms, you may become legally liable for any violations. If you do not want to be legally bound by this contract as shown to you in the form of these terms, you shall not use the website or, if using, stop using this website.
4. Authorized Individual or Signatory:
If you are using this website on behalf of a company, you attest that you are authorized by such company to use the website on its behalf and you are accepting the applicability of these terms on its behalf and binding that company.
5. Minimum Age:
You must be 18 years of age or older to use this website.
6. Legal Compliance:
We are a legally registered entity in our jurisdiction. But if you are using this website from a jurisdiction or country where the use of this website would be a violation of law or which would require us to comply with applicable laws of such jurisdiction then you shall not use the website or stop using this website. However, if you keep using the website from such jurisdiction then you are doing such activity at your own risk and are personally liable for any consequences arising out of such an activity.
7. Services:
This website is for Disney Vacation Club owners (sellers) to offer unused points for one-time rental to others (buyers). Sellers list points for sale and buyers search and bid on the ones the buyers are interested in. We provide an intermediary platform for the buyers and sellers to meet and transact on. We act as an escrow service to manage and hold the funds to ensure both the sellers and buyers execute the transaction as agreed. We protect the buyer and seller from fraud.
8. Payment:
To purchase the services, you can use payment methods such as via ACH (Bank of America), Venmo, Zelle, and PayPal subject to change based on fees. You agree to provide current, complete, and accurate payment information for all the purchases made via the website. You further agree to promptly update account and payment information, including payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order placed through the website.
9. Registration:
If you wish to use our paid services on the website then you are required to create an account on the website. However, if you are just browsing through our website as a guest to know about us and our services then you may choose to not create an account.
10. Account Information:
For creating an account on the website, you will need to provide us with your first name, last name, cell phone number, postal address, and email address. You will also be asked to create a password. We request you to provide true and accurate information while creating an account.
11. Modification of Account Information:
You can modify your account information later, if required, with the help of account settings.
12. Account Management:
You must keep your account information confidential at all times. While creating an account, if you provide us with false information, we may terminate your account on the website or take any other necessary action. The creation of multiple or duplicate accounts on the website is strictly prohibited.
13. Website Use:
You should use this website only for legitimate and lawful purposes. You should not do any unlawful activities on the website that may damage the website including but not limited to:
- uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect its functionality or operation;
- collecting or tracking the personal information of other users or unlawfully gathering information about other users;
- interfering with or destroying the security features of the website through any unauthorized access.
We reserve the right to terminate, delete or suspend your account for violation of terms or any unlawful activity on the website.
14. Modification of Terms:
We may modify these terms at any time. When we publish the modified terms on the website, the modified terms will replace the prior version of these terms. The modified terms will be applicable to you from the time they are published on the website. The terms may be modified partly or as a whole. If the terms are modified partly, the newly modified terms along with the remainder old version of terms will entirely constitute the modified terms. If the terms are modified entirely, such terms will mean the modified terms.
15. Notification of Modification:
When you visit the website for the first time after the terms have been modified, you will be notified through a pop-up appearing on the website. The pop-up will notify you that the terms of the website have been modified. If you continue your use of the website after the modification of these terms, it will be considered as a continued acceptance of these terms.
16. Typographical Errors:
We may make typographical errors, inaccuracies or omissions on the website. When such mistakes come to our notice or are brought to our notice by users, we correct such mistakes immediately. We may do so without any prior notice or a pop-up on the website.
17. Ownership of the Website and the Website Content:
We are the owners of the content posted on all the pages of the website including the website itself, email blogs, website designs, and graphics (the “Content”). We also own the intellectual property rights, whether registered or unregistered, in the Content, or any other intellectual property on the website. We may take legal actions against you for any activity against our ownership of the Content or any other intellectual property.
18. Reviews or Ratings:
As a user, you will be able to provide ratings or reviews on the website. We expect you to post a review by exercising sound judgment. We are not obliged to screen each and every review. We may delete a review if we deem fit to do so. We do not endorse any reviews hence we shall not be liable for the same in any manner. When you post a review, you give us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
19. Third-Party Website Links:
The website will have links to Disney’s website. The website may have links to other affiliates for travel insurance, discount tickets, etc. Please be aware that we do not review or monitor the links to third-party websites and also do not endorse them. If you are clicking on the links of third-party websites, we request you to first read their website terms and policies posted on their respective websites. If you continue to use the third-party websites either without reading their terms and policies or after reading them, you are doing so at your own risk. We do not endorse any such third-party websites or their content, hence we shall not be liable for the same in any manner. These terms do not apply when you visit the third-party website or view their content.
20. Website Interruptions:
Your use of the website may not be uninterrupted, timely, secure, or error-free. The website may face interruptions due to any scheduled or unscheduled maintenance, overload due to traffic, or emergency service. Such interruptions may occur at any time. We will not be liable in any manner for any loss or damage suffered by you due to such interruptions.
21. Disclaimers:
Any information posted on this website including these terms is not legal advice, medical advice, or financial advice. We will not be liable in any manner for any loss or damage suffered by you due to such information. When you use the website, you do so at your own risk. The services displayed for purchase on the website are provided on an 'AS IS' and 'AS AVAILABLE basis for your use. We do not provide any representation, warranties, or conditions of any kind, either express or implied, including any implied warranties with respect to the services.
22. Liability:
We shall not be liable for any direct, indirect, special, incidental, or consequential loss or damage, whether based on contract or tort or any other legal theory, arising out of your access or use of the website or your action or inaction under these terms, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, shall in no event exceed the total amount or cost, or price of the services purchased by you on the website.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. However, in the jurisdictions wherein such exclusions or limitations are permitted then the exclusions or limitations shall apply to the fullest extent permitted by law.
23. Indemnity:
You shall defend, indemnify, and hold us harmless from and against any costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney fees arising out of or resulting from the actions or inactions or omissions or breach or falsity or violation, or inaccuracy of or in any representation, warranty, obligation, or covenant made by you under these terms for which you would be liable in law or equity.
24. Relationship:
You shall at all times remain an independent contractor. No agency, partnership, or joint venture has been created between you and us as a result of these terms. Neither you nor we have any authority to bind each other to any third party.
25. Invalid Terms:
If any provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, then such provision shall either be modified to reflect the party's intention or completely deleted and the other provisions of these terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
26. Termination or Suspension of Account:
We may terminate the applicability of these terms with you at any time for any reason, with or without cause. We specifically reserve the right to terminate these terms or suspend your account on the website permanently or block your access (including blocking certain IP addresses), if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or of a third party, failing to comply with applicable laws or other legal obligations, and/or breach of any representation, warranty, or covenant.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If you are a registered user on the website then you may also terminate the applicability of these terms by not accessing or using the website, or by deleting your account at any time by contacting us and requesting deletion. Please keep in mind that any outstanding payment will still be due either for credit or debit, as the case may be, even after the termination of your account.
27. Survival of Terms:
At the termination of these terms, any provisions that would be expected to survive termination by their nature including but not limited to the liability clause, the indemnity clause, etc. shall remain in full force and effect.
28. Privacy:
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy posted on the website.
29. Waiver:
No waiver provided by us for any of your defaults shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of these terms. All the waivers provided by us shall be valid only if provided in writing.
30. Headings:
The numbering and headings are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of these terms, nor shall such headings otherwise be given any legal effect.
31. Electronic Communications, Transactions, and Signatures:
Visiting or using the website, and contacting us through emails constitute electronic communications. You agree to receive electronic communications including any agreements, notices, disclosures, and other communications and such communications shall be considered to satisfy the legal requirement of written communication. Up to the maximum extent permitted by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of physical records or non-electronic records or records in paper form. You agree that the communications sent to you by us shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
32. Force Majeure:
Neither we nor you shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, pandemic, lockdown, and any payment or service delivery date shall be extended to the extent of any delay resulting from any force majeure event.
33. Governing Law and Dispute Resolution:
These terms shall be governed, construed, enforced, and interpreted exclusively in accordance with the laws of the state of Illinois without regard to conflict of law principles. If in case, any controversy or conflict, or dispute or claim or issue or difference or question [“Dispute(s)”] of any nature between the parties, arising out of or in connection or in relation to these terms, the Parties shall spend at least 15 days to try and use all means to amicably resolve that Dispute(s). In the event of failure to resolve such Dispute(s) through the means specified in the preceding sentence then any such Dispute(s) arising out of or in connection with these terms or in relation to the terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, shall be subject to the exclusive jurisdiction of the competent courts situated in the state of Illinois.
34. Entirety:
Except as they may be supplemented by our additional terms, policies, guidelines, standards, or terms for a specific service or offering, these terms constitute the entire and exclusive understanding and agreement between you and us, regarding the use of the website, and these terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the use of the website. You agree that these terms shall not be construed against us by virtue of having drafted them.
35. Contact:
If you have any questions, would like to provide feedback, or would like more information about us, please feel free to email us at info@dvcescape.com.