VENTURE OUT RESORTS™
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‍Website Privacy Policy
Venture Out Resorts, LLC (“Venture Out”) is the owner and operator of the Venture Out Resorts membership campground program and a provider of leisure services and benefits.
Venture Out is committed to providing dedicated customer service to our members, which includes respecting their concerns about privacy. This Website Privacy Policy (“Policy”) applies to Venture Out and its affiliated operating companies (“Affiliates”). The individual privacy practices of Venture Out’s agents and other providers of benefits and services to members of Venture Out Resorts are governed by each operating company’s privacy policy that can be found at their respective websites.
Venture Out and its Affiliates (collectively referred to in this Policy as “we,” “our,” or “us”) have prepared this Policy to inform you of the privacy principles that govern our use of information we obtain from our current and prospective customers and members including, information we obtain through our websites that we own or control (collectively, the “Website”), your communications with us, our communications with you, and mobile applications.
This Policy outlines our use of cookies and related technologies and contains information about the steps we take to respect your privacy, the types of cookies and similar technologies we use, the information we collect, how we use that information, and for how long collected information is retained. We have organized the Policy by major topic areas so that you can quickly access and review the information of most interest to you.
If, after reviewing this Policy, you have any questions, privacy concerns, or wish to correct or update your information, please notify us via [email protected] or our postal address listed below. Our Privacy Officer also serves as our Grievance Officer and on behalf of our Privacy Department, as may be required under applicable regulations.
Venture Out Resorts, LLC
Attn: Privacy Officer
800 Washington Avenue #200
Bay City, Michigan 48708
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Also, if you do not want us to use your personal information for our direct marketing purposes, you may write to us at any time, and we will cease using the information for such purposes at no charge to you. Please send your request to [email protected] and note “Venture Out Privacy Opt-Out” in the subject line.
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‍Information We Collect and Its Uses
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‍When we need to collect personal information to execute a transaction or provide a particular service you requested, we will ask you to voluntarily supply us with any information we need. In connection with a purchase and sale transaction, we may ask you for personal information such as name, address, telephone and facsimile numbers, email address, occupation, government issued ID number, and nationality and passport number. We may use such information to verify your identity, complete the transaction, administer your products, services, and memberships associated with Venture Out and/or its Affiliates, send you commercial messages, advise you of other offers and information, carry out general recordkeeping, maintain a list of current and former customers or members, create informational or analytical reports, supplement your disclosed information, carry out verifications, planning or other legitimate business needs of Venture Out and/or its Affiliates, allow for revenue collection or debt recovery, respond to your inquiries or others who you have identified as an authorized agent or proxy, and such other purposes as permitted by applicable law.
Other circumstances in which we may need to collect and use your personal information include reservations, online payments, and other related business activities. For example, if you would like to make a reservation, we will ask you for information such as name, address, telephone number and email address to process your reservation. If you elect to make an online payment, you will be asked to supply information that is necessary to process your payment. We typically use your email address to send a confirmation and, if necessary, might use the other information to contact you for help in processing. When you provide contact details for transaction requests, such as scheduling an appointment or requesting a proposal, we will use the contact information to keep you updated about our future offers or promotions.
We may record telephone calls, through which we may capture your personal information, for quality assurance, training, compliance, and security purposes. You will be notified whether the call is being recorded at the start of the call, and we will obtain your consent where required by law to record the call.
We may also collect and use your personal information to satisfy any applicable law, regulation, legal process, or enforceable governmental request, or when we have a good faith belief that use and disclosure is necessary to investigate, prevent or protect against harmful activities to Venture Out or Affiliates, customers, members, associates, or property (including our Website), or to others.
We may use third parties to provide, confirm or supplement for us other information based on the information you provided to us directly. We would then use this information for market analysis and our direct marketing purposes.
Personal information will be retained only until it is reasonable to assume that the purpose for which that personal information was collected is no longer being served by its retention and the retention is no longer necessary for legal or business purposes.
We will maintain your personal information in whole, usable and up-to-date form. Please contact us as described above in the event you would like to correct or update any of your information. 

‍Creating an Account Profile
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‍Purchasers of our products and services may, at their choice, create a personal account profile online within our password-protected sites. Creating an account profile makes use of our sites more convenient for you by eliminating the need to repeatedly enter personal contact or preference information. In addition, if you choose, you can perform certain functions within your account, such as making online payments. The security of this information is addressed in the security section below. You can access and review, update or deactivate the information in your account profile online.
Please note that we will never send you an email requesting your user name, password, credit card, social security or national insurance numbers. If you receive an email that looks like it is from us, but asks you for your credit card number, social security or national insurance number, it is a fraudulent email or “phish.”
If you believe “phishers” have obtained access to your personal or financial information, we recommend that you change your password and contact credit reporting services and have a fraud alert attached to your credit report file. Please be aware that the perpetrator may attempt to use your information to establish accounts or obtain credit at other businesses in their name or yours. We will not be able to secure your information and we will not be liable for any resulting breach of any law if you reveal your password to anyone. 
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‍Security of Information
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‍We treat the personal information you provide to us as confidential; it is, accordingly, subject to our organizational, physical, and technical security measures, procedures, and policies regarding protection and use of confidential information. After information reaches us, it is stored on a secure server that resides behind firewalls designed to block unauthorized access. Because laws applicable to personal information vary by country, additional measures that satisfy applicable legal requirements may be put in place.
When we ask you for credit card information, it is transferred using secure transmission protocols. We also use secure transmission protocols on other select pages where you would enter personal information. This ensures that your information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from “http” to “https.” There is no guarantee, however, that the transmission, Internet, or storage system is fully secure. Please immediately notify us using the contact methods contained in the Introduction section of this Policy if you have reason to believe that your interaction with us has been compromised. 

‍Confidentiality of Identification Numbers
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‍When collected, Social Security, National Insurance and other government-issued identification numbers are treated with great care, including our satisfaction of applicable laws and regulations. Social Security, National Insurance and other government-issued identification numbers are collected and retained in order to comply with various United States Federal and State laws and International regulations. For general information systems, we use customer numbers and employee identification numbers that are not derived from government-issued identification numbers. We use policies, procedures, training, technology and auditing to protect the confidentiality and privacy of Social Security, National Insurance other government-issued identification numbers and ensure that proper controls are in place concerning the collection, use, disclosure, processing, recording, holding, storing, and/or sharing of this information. 

‍Disclosure of Information to Third Parties
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‍We do not sell your personal information to other companies. We do not transfer your personal information to other companies for their own use unless we have your approval and provide you the opportunity to opt-out. Venture Out and its Affiliates, located in the United States and around the world, may share your personal information among themselves. We may maintain personal information in databases controlled by Venture Out and/or any service providers and third parties (including auditors) engaged by Venture Out and/or its Affiliates in the United States or other jurisdictions and may process, use, transfer and disclose such information to non-affiliated companies when we need to share your information to provide the product or service you have requested or need to send the information to companies who work on our behalf, to provide a product or service to you, for general recordkeeping, informational and/or analysis reports, to supplement your information, or have your consent when consent is necessary to share the information. These non-affiliated companies do not have any right to use the information we provide to them for any purpose beyond what is necessary to assist us. We will protect your personal information in accordance with applicable data protection laws and will take steps to ensure any transferees do the same.
We share personal information with other companies, organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• Satisfy any applicable law, regulation, legal process or enforceable governmental request;
• Investigate, prevent or otherwise address fraud, security or technical issues; or
• Investigate, prevent or protect against harmful activities to Venture Out or Affiliates, members, customers, associates, or property (including our Website), or to others, as required or permitted by law.
We may disclose your personal information in relation to the financing, reorganization, sale or disposal of all or a part of our business or assets, joint ventures and related business transactions, including in relation to audit or reporting and other regulatory requirements. Any successor or assign may use your personal information for the same reasons as set out in this Policy. 

‍Children’s Privacy
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‍Our Websites are not intended for children and we do not knowingly solicit or collect personal information from children. If we are notified or discover that a child under the age of 13 has submitted personal information to us, we will take reasonable steps to delete the information. 

‍Cookies & Related Technologies
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‍We may collect certain information from cookies, pixel tags, web beacons or similar technologies for web analytics and direct marketing. Cookies are pieces of data stored on the computer or mobile device you are using. Cookies are small files, typically consisting of letters and numbers, downloaded on to a device, such as a desktop, laptop, or tablet computer, when a website visitor accesses certain webpages. Cookie files are then sent back to originating website on each subsequent visit and are useful because they allow websites to recognize a visitor’s device, save their selections and preferences, and provide them with a more customized and beneficial website experience.
We use cookies to allow us to recognize the device you are using, save your selections and preferences, and provide you with a more customized and beneficial experience on our Website, including providing the functionality that allows you to interact with a representative while you are on our Website. By continuing to use our Websites, you agree to our placing cookies on your computer or mobile device. We, however, will seek your explicit consent if you are in a jurisdiction that requires it.
We may use Facebook Conversion Tracking Pixel, Custom Audiences, and retargeting provided by Facebook, Inc. Facebook’s tools enable us to follow the actions of visitors to our Website who are redirected to our Website after clicking on a Facebook advertisement; record the efficacy of Facebook advertisements for marketing, statistical, and market research purposes; and serve targeted advertisements on Facebook that match interests determined by your activity on our Website. For further information on Facebook’s data collection and use and about your rights and options to protect your privacy, please refer to Facebook’s data protection policies at https://www.facebook.com/about/privacy/. You also can deactivate the Facebook Conversion Tracking Pixel at https://www.facebook.com/settings/?tab=ads#_=_.
We may use Google AdWords cookies provided by Google Inc. for remarketing purposes. This technology enables (a) users who have already visited our Website and have shown interest in our products or services to see targeted advertising on websites within the Google partner network and (b) us to provide targeted advertising based on user interest. You can opt-out of Google AdWords cookies by visiting the Google Ads Settings page at http://www.google.com/settings/ads.
You may set your browser to block, refuse, reject, or delete cookies (consult the instructions for your particular browser on how to do this), although doing so may adversely affect your ability to perform certain transactions, use particular functionality and access certain content on our Websites. We only use cookies or related technologies as your browser permits.
If, at any time, you wish to withdraw your consent for our use of cookies and related technologies that may store files on your computer, you will need to delete your cookies from within your internet browser settings. Internet browsers allow you to change your cookie settings. These settings are usually found in the Preferences or Options menu within your internet browser. You may also use the Help option in your internet browser for more information.
For more information about cookies or if you do not want data collected with cookies, visit www.allaboutcookies.org, www.aboutads.info, and www.networkadvertising.org.

Click to Chat
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‍We may use third party software to proactively initiate or offer online chat if we believe you would benefit from assistance. All information you enter via online chat may be associated to your email address and will be stored in our systems with any other information you provide and any transaction details. 

‍Promotional Offers and Sweepstakes
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‍On occasion, we conduct promotional offers and sweepstakes that entitle the winners to prizes. Each promotional offer and sweepstakes has its own terms and conditions. As part of participating in a promotional or entering a sweepstakes, certain personal information such as name and email address will generally be required. We may use this information to send future communications about specials and offers. 

‍Careers
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‍We use third-party service providers that provide applications, tools, databases, or websites that assist us in collecting the personal information of individuals who wish to be considered for potential employment. The information you provide as part of your application for employment is accessible to Venture Out and may be shared among Venture Out, its Affiliates, and recruiters working on behalf of Venture Out or its Affiliates for the purpose of managing your application for employment, including administering the application, arranging interviews, applicant selection, scoring, assessment, issuing offers to successful candidates, and to comply with legal and regulatory requirements. Venture Out uses the information provided for its (a) legitimate interest in fully assessing applications to ensure that only appropriate candidates are assessed and selected and (b) legal obligations to comply with employment laws and other legal and regulatory requirements. 

‍Other Companies and Sites
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‍Our Websites may contain links to third party sites that might be of interest to you (such as airlines or car rental companies). We are only responsible for the privacy statement and content of our Websites. We are not responsible for, and have no control over, the privacy practices or data collection, use, disclosure, or security practices of any other company, such as airlines, car rental companies, Facebook, Google, or any other provider or website. 

‍Website Survey
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‍We value your input. If you choose, we welcome your participation in an online survey regarding the usefulness of our Website. We will only use the information you provide for research and analysis, and possibly to contact you to address customer service matters. 

‍Region-Specific Website and Privacy Elements
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‍Our Website is operated from the United States in accordance with laws of the United States and visitors to our Website should be aware that the laws of the United States may differ from those of your country of residence. 

‍United States
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‍For residents of the United States, the following additional privacy elements apply to you:
If you receive an email that looks like it is from us, but asks you for your credit card or social security number, it is a fraudulent email or “phish.” We recommend that you do the following:
• Forward the email to the U.S. Federal Trade Commission at [email protected] or call 1-877-FTC-HELP (1-877-382-4357) to report it. The FTC uses the spam stored in this database to pursue law enforcement actions against people who send deceptive email.
• Delete the email.
At this time, we do not respond to browser ‘do not track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit our Website.
If you have any questions or privacy concerns, please send an email to [email protected] or send a letter to the postal address within the Introduction section of this Policy. 

‍Nevada Residents 
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‍Although we do not exchange Nevada residents’ personal information for money with anyone, Nevada residents have the right to opt-out of the future sale of their information to a third-party so that they may license or sell information by contacting us at [email protected]. 

‍Privacy Policy Changes.
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‍This Policy was last updated on April 15, 2021.
In the future, we may need to change this Policy. All changes will be made here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. 
This Policy is and shall be subject to and governed by any and all agreements between Venture Out and its members that expressly survive the expiration or termination of a membership or membership agreement including, without limitation, all dispute resolution, class action, trial & jury waivers and agreements regarding applicable law, venue and jurisdiction.
‍California residents: If you are a resident of the State of California, please see the following Supplemental Privacy Policy for California Residents.VENTURE OUT RESORTS™
‍Supplemental Privacy Policy for California Residents
Venture Out Resorts, LLC (“Venture Out”) provides this supplemental privacy Policy (“CCPA Policy”) for consumers that reside in California (“you,” or “your”) as required under California privacy laws, including the California Consumer Privacy Act of 2018 (“CCPA”). This CCPA Policy applies to Venture Out and its affiliated operating companies (“Affiliates”). The individual privacy practices of Venture Out’s agents and other providers of benefits and services to members of Venture Out Resorts are governed by each operating company’s privacy policy that can be found at their respective websites.
This CCPA Policy supplements our Privacy Policy. In the event of a conflict between our Privacy Policy and this CCPA Policy, this CCPA Policy will prevail for California residents and their rights under California law.
Venture Out and its Affiliates (collectively referred to in this CCPA Policy as “we,” “our,” or “us”) provide this CCPA Policy to inform you about how we collect, use or disclose your personal information. Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. It does not include publicly available data as defined by the CCPA. 
Personal information we collect, use, or disclose that is governed by the federal Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, or the federal Fair Credit Reporting Act, such as consumer credit reports or information relating to your financing of a Venture Out Resorts product or service, is not subject to the CCPA and this CCPA Policy. 

‍Categories of Personal Information that We Collect, Use, and Disclose
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The type of personal information we collect, use, and disclose will depend on your interaction or relationship with us. The chart below generally identifies the personal information we collect based on the categories of personal information set forth in the CCPA.

Categories of personal information as set forth in the CCPA	Categories of personal information as set forth in the CCPA
Name, Contact Information and other Identifiers: Identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.	We may collect information such as your name, address, email address, telephone numbers, date of birth, member number, and IP address. In more limited circumstances, such as when you purchase or finance a Venture Out Resorts product or service, we may collect information such as social security number, driver’s license number, or passport number.
Customer Records: Paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.	Customer Records: Paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information. We may collect information such as your name, address, email address, telephone numbers, member number, and credit or debit card information. In more limited circumstances, such as when you purchase or finance a Venture Out Resorts product or service, we may collect information such as current employment, employment history, social security number, passport number, driver’s license or state identification, and other financial or payment information.
Protected Classifications: Characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.	We may collect information such as your gender or age. In more limited circumstances, we may collect disability information in an effort to provide you with appropriate accommodations or services at resorts and other requested locations.
Purchase History and Tendencies: Commercial information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.	We may collect information such as the products or services you purchased or utilized.
Biometric Information: Physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, imagery of the iris, retina, fingerprint, faceprint, hand, palm, vein patterns, and voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.	We may collect voice recordings when we monitor and record telephone calls.
Usage Data: Internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement.	We may collect this information as part of your interaction with our Website (as defined in our Privacy Policy) or mobile application, and through advertisements.
Geolocation Data: Precise geographic location information about a particular individual or device.	We may collect information such as your postal address, zip code, or the location associated with an IP address or particular device.
Audio, Video and other Electronic Data: Audio, electronic, visual, thermal, olfactory, or similar information, such as, CCTV footage, photographs, and call recordings and other audio recording (e.g., recorded meetings and webinars).	Audio, Video and other Electronic Data: Audio, electronic, visual, thermal, olfactory, or similar information, such as, CCTV footage, photographs, and call recordings and other audio recording (e.g., recorded meetings and webinars). We may collect voice recordings when we monitor and record telephone calls, photos or videos that are tagged or shared with us through social media posts, or audio, video, or images captured in security footage of our business locations.
Professional or employment-related information: Employment history, qualifications, licensing, disciplinary record.	In limited circumstances, such as when you purchase or finance a one of our products or services, we may collect information such as employment history.
Education Information: Information about education history or background that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).	We do not collect this information.
Profiles and Inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.	We may collect or derive information such as your preferences, characteristics, predispositions, and behavior based on other information we have about you.

We collect these categories of personal information from the sources described in our Privacy Policy and for the purposes described in the “Information We Collect and Its Uses” section of our Privacy Policy. We disclose your personal information to third parties, such as our service providers, as described in the “Disclosure of Information to Third Parties” section of our Privacy Policy. We do not collect personal information directly from children under the age of sixteen (16), but may receive such information from parents and guardians when, for example, making resort, cruise, or other travel reservations.
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‍Third-Party Cookies & Similar Technologies
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‍We may also use standard internet technology, such as cookies, web beacons, pixels, and other similar technologies (collectively “cookies”) to track your use of our Website as defined in our Privacy Policy. We may include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. See the “Cookies & Related Technologies” section of our Privacy Policy for more information. Data that is collected through network advertising or social media cookies may be disclosed by such network advertisers or social media to other network advertisers that allows those advertisers to also display ads to you. While there is currently no industry consensus, we do not consider these additional disclosures to be our sale of personal information under the CCPA. If you do not want information collected by cookies, however, please visit www.ventureoutresorts.com to opt-out.

‍California Resident Rights

‍If you are a California resident, you have certain rights with respect to your personal information as set forth below.
Request to Delete: You may request that we delete personal information we have collected about you, subject to certain exemptions provided by law.
Request to Know: You may request, subject to certain exemptions, that we disclose to you the categories of personal information collected; the categories of sources of personal information; the business or commercial purposes for collecting and selling your personal information; the categories of third parties with whom we have shared your personal information; the categories of personal information that we have disclosed or shared with a third party for a business purpose; the categories of third parties to whom your personal information has been sold and the specific categories of personal information sold to each category of third party; and the specific pieces of personal information that we have collected about you in the prior 12 months.
Request to Opt-out of Our Sale of Your Personal Information: We do not sell your personal information.
Submitting Requests: To make a Request to Delete or a Request to Know, please contact us at (989) 671-1125 or [email protected]. Please include your full name, postal address, email address, and your member number (if applicable). If you designate an authorized agent to make a request on your behalf, we require you to provide a written and signed authorization of your agent’s permission to exercise your rights on your behalf as provided for in this section. Please include your full name, postal address, email address, and your member number (if applicable) along with your agent’s full name, postal address, email address, and relationship to you.
If we are unable to verify your identity based on this information, we will take additional steps to verify your identity before responding to your request. We will respond to verifiable requests received from California residents or their authorized agents in accordance with the law, which provides certain exemptions for disclosure or deletion. For example, if you are a purchaser of a Venture Out Resorts product or service, we may retain your personal information as permitted by law to maintain and service your membership and account.
These rights do not apply to personal information we collect about job applicants, independent contractors, or our current or former full-time, part-time and temporary employees and other staff, or information we collect when we act as a service provider.Non-Discrimination: We are not permitted to nor do we discriminate against California residents who exercise their rights under the law.

‍Other California Privacy Rights
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‍We do not permit personal information as defined by California’s Shine the Light law that we share with third parties to be utilized for their marketing activities. If you are a customer who resides in the State of California, however, you have the right to request from us a list of third parties with whom we shared personal information about you for their own direct marketing purposes during the previous calendar year by contacting us at [email protected] or by sending a letter to Venture Out Resorts, LLC (Attn: Privacy Officer), 800 Washington Avenue #200, Bay City, Michigan 48708. Privacy rights under Shine the Light and the CCPA are provided under different legal rules and must be exercised separately.At this time, we do not respond to browser “do not track” signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit our Website.

‍Last Update

‍This CCPA Policy was last updated on April 15, 2021.This CCPA Policy is and shall be subject to and governed by any and all agreements between Venture Out and its members that expressly survive the expiration or termination of a membership or membership agreement including, without limitation, all dispute resolution, class action, trial & jury waivers and agreements regarding applicable law, venue and jurisdiction.”

Mandatory Arbitration/Class-Action Waiver Provision:

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOURRIGHTS. You have the right to opt out of this Agreement if you follow the instructions set out in the paragraph titled “You Have the Right to Reject Arbitration or Opt Out of Arbitration” below.

CLASS ACTION WAIVER: YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY AGREEING THAT ARBITRATION MUST BE ON AN INDIVIDUAL BASIS AND IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING(S). THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS, COMPANIES, INDIVIDUALS, ANY OTHER PURPORTED CLASS MEMBERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF AREPRESENTATIVE OR CLASS PROCEEDING. The arbitrator may award injunctive relief 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. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then after all appeals from that decision have been exhausted, that claim (and only that claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.

Your Right to Go To Small Claims Court: You may choose to pursue your dispute or claim in small claims court (or your state’s equivalent court) rather than by Arbitration if your dispute or Claim qualifies for small claims court for the entirety of the proceeding. Such a small court dispute or Claim must be brought in a location where jurisdiction and venue over you and VacationGurus is proper. However, if such a dispute or Claim is transferred, removed or appealed to a different court, we may then demand/transfer the dispute or Claim to Arbitration pursuant to the terms of this Agreement. Additionally, any such small claims court claim shall be brought and maintained only as an individual action and shall not be joined or consolidated with any class or other representative action.

Any attempt to maintain a small claims court action as a non-individual action shall result in the immediate dismissal of the action, and you shall be liable to pay our reasonable attorney’s fees and costs in connection with securing the dismissal of any such action.

Governing Law and Rules: This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply.

Arbitration may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location. The arbitrator shall follow the substantive laws of the State of Florida, excluding its conflict of law provisions unless we agree that the substantive law of the State in which you reside may be followed and applied. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For a copy of each organization’s procedures, to file a claim or for other information, please contact:

JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267)

If JAMS is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court with jurisdiction appoint a substitute arbitration company/arbitrator.

YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.

Fees and Costs: If you wish to begin arbitration against us but you cannot afford to pay the organizations or arbitrator’s costs, we will advance those costs if you ask us in writing. Any request like this should be sent to Sunstate Client Services dba VacationGurus, Attn: Legal Department, 725 West SR 434 Suite G, Longwood Fla 32750. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for the money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of the money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed for your reasonable attorneys’ fees and costs (if actually paid by you). The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Hearings and Decisions: Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must:

• Follow all applicable substantive law, except when contradicted by the FAA.
• Follow applicable statutes of limitations.
• Honor valid claims of privilege.
• Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award is issued. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award is issued. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.

Claim Notice and Special Payment: If you have a Claim, before initiating an arbitration proceeding, you may give us written notice of the Claim ("Claim Notice") at least 30 days before initiating the arbitration proceeding. The Claim Notice must include your name, address, phone number and account number (if applicable) and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at Sunstate Client Services dba VacationGurus Attn: Legal Department, 725 West SR 434 Suite G, Longwood Fla 32750 (or such other address as we shall subsequently provide to you). If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration as outlined above and in accordance with the arbitration organizations procedures. If, and only if, (1) you submit a Claim Notice in accordance with this Agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your claim, issues you an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of VacationGurus’s last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $5,000, whichever is greater. If you are entitled to the $5,000, you will receive in addition any arbitration fees or attorneys’ fees and costs awarded by the arbitrator. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

Other Beneficiaries of this Provision: In addition to you and us, the rights and duties described in this arbitration agreement apply to our Affiliates and our and their officers, directors and employees; any third-party co-defendant of a claim subject to this arbitration provision; and all joint Account Holders and Authorized Users of your Account(s) or relationship between us and you, including assignees. YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF FAA or JAMS PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.

Survival of this Provision: This arbitration provision shall survive:

• Closing of your Account;
• Voluntary payment of your Account or any part of it;
• Any legal proceedings to collect money you owe;
• Any revocation of consent you provide to us;
• Termination of any application or submission you provide to us;
• Your use or attempted use of any websites of ours or our partners;
• Any bankruptcy by you; and
• Any sale by us of your Account.

You Have the Right to Reject Arbitration or Opt Out of Arbitration: You may reject the arbitration agreement and litigation & class action waiver, but only if we receive from you a written notice of rejection within 45 days of the following triggering events: (a) after your purchase is initiated; (b) you consent to the Privacy Policy or Terms and Conditions; (c) your use or attempted use of any of our or our partners websites; (d) your submission of an application (whether partial, incomplete, complete or otherwise) to us; (e) your submission or providing express written consent to us to receive e-mail(s), telephone call(s) (including SMS/MMS/Text Messages) or to receive any other information from us or our partners; or (f) signing up for or inquiring about an offer, deal or promotion from us (the 45 day time starts from whichever of the triggering events (a through f) comes first in time). You must send the notice of rejection to: Sunstate Client Services dba VacationGurus, Attn: Legal Department, 725 West SR 434 Suite G, Longwood Fla 32750. Your rejection notice must include your name, address, phone number, Account number (if applicable), email address and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for this Account or any Claim or dispute between us and you. Rejection of arbitration for this Account, or any Claim or dispute between us and you, will not constitute rejection of any prior or future arbitration agreement between you and us. IF MORE THAN FORTY-FIVE (45) DAYS HAVE PASSED FROM THE EARLIEST TRIGGERING EVENT (listed in this paragraph under a through f above), YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.