Terms and Conditions

Last updated: February 1st, 2024

*Annual Dues subject to change in accordance with Membership Agreement. Annual Dues are determined based upon Active Membership Plan chosen. The Annual Dues amount reflected herein is inclusive of certain services, benefits, and access rights.

INFORMATION ABOUT TERMS AND CONDITIONS OF CLUB MEMBERSHIP

Club Membership, which may include refundability of a portion of the Membership Fee, is subject to terms and conditions of the Club Membership Agreement. Different terms and conditions, including refundability of a portion of the Membership Fee, apply to different Membership Plans. Experience Collection vacations, European Villa programs, and certain destinations, services, amenities and other Member benefits described herein may require fees in addition to Membership Fee and Annual Dues, may have limited availability, and are subject to additional terms and conditions. Reservations for specific days, destinations, experiences, and events subject to availability. Current Club destinations, destinations, experiences, residences, fees, services, membership plans, and offerings are subject to change at any time. Club Membership does not provide or constitute, any investment, equity or ownership interest, or any real property interest.

TERMS AND CONDITIONS OF USE OF THE EXCLUSIVE RESORTS WEBSITE

This website ("Site") is owned and operated by Exclusive Resorts Club Management, LLC ("Exclusive Resorts" or the "Club"). Please feel free to browse this Site; however, your access to, and use of, this Site is subject to the following terms and conditions of use ("Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions. Materials within these web pages, including all text, photography, and images, are copyrighted and are either owned or licensed by Exclusive Resorts. The Site itself as a compilation is © Exclusive Resorts Club Management, LLC, 2004-2024. All rights reserved. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain inaccuracies or typographical errors. Note about the Properties: The Exclusive Resorts Club properties and destinations described and/or depicted on the Site are illustrative of the destinations and properties available from time to time to members and are subject to change. The Club may add new properties and destinations to, and from time to time change and/or remove properties from, the Club's portfolio. Exclusive Resorts and the Exclusive Resorts flower logo are registered trademarks of Exclusive Resorts, LLC. All trademarks of third parties are the property of their respective owners.

TERMS OF USE

1. Limitation of Liability and Disclaimer of Warranty. YOUR USE AND BROWSING OF THIS SITE AND THE MATERIALS ARE AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THIS SITE. EXCLUSIVE RESORTS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, RELEVANCE, OR USEFULNESS OF ANY OF THE MATERIALS CONTAINED ON THIS SITE. EXCLUSIVE RESORTS ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITES. NEITHER EXCLUSIVE RESORTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EXCLUSIVE RESORTS IS ALSO NOT LIABLE FOR ANY INJURY CAUSED BY ELECTRONIC, NETWORK, INTERNET, HARDWARE OR SOFTWARE MALFUNCTION OR FAILURE, OR ELECTRONIC OR NETWORK DELAYS OR DIFFICULTY. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

You also agree that Exclusive Resorts is not responsible or liable in any way for injury, loss or damage caused by the interception and/or use of your credit card information by a third party, related to or resulting from use of the Sites or services or materials linked or related thereto or therefrom.

2. Privacy Policy. Use of the Sites is subject to Exclusive Resorts' posted privacy policy, which may be viewed at http://www.exclusiveresorts.com/privacy-policy. Your use of the Site constitutes your acknowledgment of and agreement with the terms of the privacy policy.

3. Links to Third Party Materials. Exclusive Resorts may provide links ("Links") to Internet sites maintained by third parties. All links to other sites found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, Links on the Site are not sponsored by, affiliated with, or the responsibility of Exclusive Resorts, and the owners of such Links are not affiliated with Exclusive Resorts and do not necessarily sponsor or endorse this Site. Exclusive Resorts has not tested or verified the content, accuracy or opinions expressed on any Links and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such Links.

4. Acceptable Use Guidelines. You agree to not to post, email, message, or otherwise transmit or provide links to any user content that: is unlawful, harmful, threatening, abusive, harassing, invasive of another‘s privacy, tortious, defamatory, vulgar, excessively violent, obscene, pornographic, libelous, deceptive, inciting of unlawful action, hateful racially or ethnically, constitutes hate speech, or is otherwise objectionable; harasses another or harms another in any way; poses or creates a privacy or security risk to any person or entity; impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; advertises or offers to sell or buy any goods or services, including but not limited to promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including the rights of privacy and publicity; violates any confidentiality or fiduciary obligations that you might have; contains the name, signature, photograph, or likeness of any person from whom you do not have the necessary consent or permission and such consent or permission is necessary; contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interferes with or disrupts any Company service or servers or networks connected to any such service uses any trademarks, service marks, design marks, logos, photographs, or other content belonging to Company; uses any spider, robot, or other automated means of any kind to access Company information; violates any applicable local, state, national, or international law or term of this Agreement; or assists or permits any persons in engaging in any of the foregoing. These Acceptable Use Guidelines are subject to change at any time. You shall remain solely responsible for the content of your messages and shall indemnify and hold Exclusive Resorts harmless for the content of such messages. We reserve the right to remove or edit content from any medium, including message boards, at any time and for any reason.

5. Indemnification. You agree to indemnify Exclusive Resorts, its parents and/or subsidiaries and our properties, officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees, and employees (“the Indemnified”) and to hold the Indemnified harmless from any and all claims, liabilities, damages, fines, penalties or costs (including reasonable attorneys' fees and costs) resulting from your acts, omissions, or representations in any way related to these Terms and Conditions or your access to, and use of, the Sites. You agree to hold the Indemnified harmless for any allegations related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity, or rights under other intellectual property laws. In the event that any allegation is made or any action or proceeding is brought against the Indemnified, you may be required to assume responsibility for the defense and retain counsel for defense thereof. You shall cooperate with the Indemnified in the defense of any allegation brought forth. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.7. Governing Law; Jurisdiction; Venue. This Agreement shall be construed solely in accordance with the internal laws of the State of Delaware and the United States, without giving effect to principles of conflicts of laws. Any actions, proceedings, or suits concerning or relating to the Terms of Use or the Sites in any manner may only be brought in a court of competent jurisdiction in the City and County of Denver, Colorado, or in the U.S. District Court for the District of Colorado, and each party hereby consents to the jurisdiction and venue of such court and waives any objections thereto.

6. Severability. If any provision of the Terms of Use shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

7. General. Exclusive Resorts may at any time, in its sole discretion, revise these Terms and Conditions by updating them on this legal page ("Legal Page"). You are bound by any such revisions and should therefore periodically visit this Legal Page to review the current Terms and Conditions.

8. Termination of this Agreement. The terms of this Agreement will continue to apply until terminated by either you or Exclusive Resorts as set out below. Your right to access and use the Site terminates automatically upon your breach of any of the terms in this Agreement. Exclusive Resorts may terminate your access to, and use of, the Site at any time and for any reason. Exclusive Resorts will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by Exclusive Resorts that is not caused by your breach of the terms of this Agreement.

The disclaimer, the limitation of liability, indemnification, jurisdiction and applicable law provisions shall survive any termination.

9. Contact Information. For general inquiries about the Site, you may contact Exclusive Resorts at:

Exclusive Resorts Club Management, LLC
1601 19th Street
Suite 500
Denver CO 80202
800-447-8988
info@exclusiveresorts.com

TRADEMARK AND COPYRIGHT NOTICES

Trademark Notice

This Web site contains the Exclusive Resorts name, Exclusive Resorts flower logo, “ER Compass” and other registered trademarks of Exclusive Resorts, LLC in the United States and internationally. It also includes certain other unregistered service marks of Exclusive Resorts, LLC. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and may not be reproduced, copied, or otherwise used without the express prior written permission of Exclusive Resorts. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks, or other proprietary information without our prior express written consent. The names of other companies and products mentioned herein may be the service marks or trademarks of their respective owners.

The information, text, graphics, images, sounds, links, and all other information and software published or otherwise contained on this site (the "Contents") are the exclusive property of Exclusive Resorts unless otherwise noted, and, except as specifically provided herein, may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Exclusive Resorts. From time to time, you may provide material to Exclusive Resorts. This material may include text, images, and videos and may be provided in the context of surveys, commentary, message boards, and chat sessions with Exclusive Resorts representatives or with other members via the messaging services on the Exclusive Resorts Websites. By submitting this material, you are providing Exclusive Resorts with an irrevocable perpetual royalty-free license to reproduce, reuse, modify, alter, translate, display, publicly perform, publish, and distribute such material to any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. If you submit material protected by the copyright of another, by submitting this material to Exclusive Resorts, you are representing that you have obtained the consent of the copyright owner to provide Exclusive Resorts with the copyrighted material. The royalty-free license affords Exclusive Resorts the ability to reproduce and reuse the material submitted by you for marketing, advertising, and promotional purposes, including but not limited to inclusion on the Exclusive Resorts Websites, brochures, catalogs, marketing materials, and promotional materials. The royalty-free license also affords Exclusive Rights the ability to create derivative works from these materials. Termination of your Club Membership Agreement does not terminate this license.

How to Make A Claim of Copyright Infringement

Our Copyright Agent for notice or counter-notice claims of copyright infringement on this site can be reached as follows:
By mail:
General Counsel
Exclusive Resorts Club Management, LLC

1601 19th Street
Suite 500
Denver, CO 80202
By phone: 800-447-8988
By fax: 303-474-7255
By e-mail: privacy@exclusiveresorts.com

This contact information is only for reporting copyright infringement.

NOTICE AND PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.

These Terms of Use prohibit users from violating another party’s intellectual property rights. For copyright claims, intellectual property owners should follow the terms related to the removal of the copyrighted material as set forth above. For other intellectual property violations, rights holders may submit a valid notice of intellectual property infringement to Exclusive Resorts via email at generalcounsel@exclusiveresorts.com. A valid notice of infringement must identify the following:
a. Identification of the work claimed to have been infringed (e.g., trademark registration);
b. Identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Site;
c. Your contact information, including your address, telephone number, and a valid email address; and
d. A statement by you that you have a good faith belief that use of the material is not authorized.

You may also contact us by mail at Attention: Legal Department, Exclusive Resorts Club Management, LLC, 1601 19th Street, Suite 500, Denver, CO 80202, or by facsimile at 303-474-7255

By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, Exclusive Resorts may remove or disable access to the allegedly infringing content at its sole discretion. Exclusive Resorts may terminate the accounts of repeat infringers under appropriate circumstances.