TERMS OF SERVICE
Homes & Villas by Marriott Bonvoy Terms of Service
Effective Date: April 30th, 2019IMPORTANT NOTICE: THESE HOME & VILLAS BY Marriott Bonvoy TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY. Welcome to Homes & Villas by Marriott Bonvoy, Inc. (“HVMI”)
These HVMI Terms of Service (“Terms”) are a legally binding contract between you and Marriott Bonvoy, Inc. with its corporate headquarters at 10400 Fernwood Road, Bethesda, Maryland 20817-1102, United States of America, and its subsidiaries, (collectively, “Marriott”, “we”, “our” or “us”). These Terms govern your use of the HVMI website (the “Platform”) in order to book a short-term rental of a home that is provided through the Platform (the “Services”). These Terms also apply to translations of the Platform. The Platform is controlled and operated from the United States and is subject to United States law. AGREEMENT TO TERMS
By using the Platform, you are accepting all the terms and conditions set forth in these Terms. If you do not agree to each and all of these terms and conditions please do not use the Platform and our Services. We reserve the right, at our discretion, to change and or modify these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms periodically for changes. We will display the effective date of these Terms at the top of this page. HOME LISTINGS
As the provider of the HVMI Platform, Marriott does not own, create, control, or manage any Home or Home listings. Property Management Companies are responsible for the Homes and the accuracy of their Home listings. BOOKING PROCESS
You may book a Home through the Platform by following the booking process. All applicable fees, including the rental fee, security deposit (if any), guest fees and any applicable taxes unless otherwise specified (the “Booking Fees”) will be provided to you prior to booking a Home. You agree to pay the Booking Fees, subject to your rights to cancellation, which shall be outlined in your reservation confirmation. For bookings that require a security deposit, the Property Management Company is responsible for collecting and refunding the security deposit at its sole discretion. Marriott assumes no responsibility or liability should a dispute arise between you and the Property Management Company regarding the collection or refund of a security deposit.You agree that Marriott may utilize third party service providers to facilitate the booking process including without limitation the processing of any payments. Payment processing shall be subject to such third party’s terms of service, user agreement, and other policies, and Marriott is not responsible or liable for such payment processing services.In the case of multicurrency pricing, Marriott will disclose the applicable foreign currency exchange rate and any currency conversion fees and/or mark-up applicable to the transaction.Japan: The Property Management Company (PMC) “Agency” contract with the guest complies with the Japanese Private Lodging Business Act and their template Agency agreement is available on their website. PROPERTY MANAGEMENT COMPANIES
When you book a Home through the Platform, a Property Management Company will manage your booking and provide additional support to you during your stay at the Home. In order to provide those services, your information (and that of your guests) will be shared with the relevant Property Management Company and, if necessary, with third parties who perform services for them, such as cooking, cleaning, maintenance, transportation and similar services. Each Property Management Company is independent from, and not affiliated with, Marriott. The collection, use and sharing of your information by the Property Management Companies will be governed by their privacy policies. To the extent that you enter into a rental agreement, contract or other agreement with a Property Management Company, you understand and acknowledge that Marriott is not (and will not become) a party to any of those agreements. You agree that you may be required to enter into separate terms, waivers, or other agreements in connection with your booking of a Home through the Platform. If you are booking a Home on behalf of additional guests, you agree that each additional guest is aware of these Terms and the terms of any rental agreement or other agreements that you enter into in order to book the Home. If any of your guests are minors, you agree that you have the authority to act on behalf of the minor(s).
The following Property Management Companies fall under the Israeli Consumer Protection Law, 1981 ('CPL')HMC 1006138
- Company name: Sea N Rent Ltd.
- Address: Retsif Herbert Samuel St 32, Tel Aviv-Yafo, 6330307, Israel
- VAT /Business Registration number: 515849131
- Date of incorporation: May 22, 2018
HMC 8793283
- Company name: Smiling House AG Mettlenstr
- Address: 16 CH-3780 Gstaad, Switzerland
- Registration number: CHE-106.568.222
HMC 1003534
- Company name: Isrentals
- Address: Monbaz 3, Jerusalem, Israel
- Registration number: 515917490
- Date of incorporation: October 25, 2018
HMC 1003071
- Company name: FeelHome D.M. Israel LTD
- Address: Eliashiv 3, 6560536, Tel Aviv, Israel
- Registration number: 515685295
- Date of incorporation: July 24, 2017
HMC 1004056
- Company name: CARMELO B.N LTD
- Address: Yehuda HaMakkabbi St 53, Tel Aviv-Yafo, Israel
- Registration number: 516445400
PERSONAL LIABILITY WAIVER
In consideration for the opportunity and permission to participate in any recreational activity offered at a Home, you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Marriott Bonvoy, Inc. and the applicable Property Management Company and their affiliates, and each of their respective officers, agents, and employees (“Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that you may sustain, or that any of your property may sustain, while participating in any activity, REGARDLESS OF WHETHER THE LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES and regardless of whether the liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. You understand that this Section will bind the members of your family and your heirs, assigns, and personal representatives. PRIVACY
The collection, use, sharing and other actions we take with respect to your information is described in our Privacy Center, which may be updated from time to time. When you agree to these Terms, you are also acknowledging the provisions in that Privacy Center. ELIGIBILITY
In order to use the Platform, you must be an individual who is at least 18 years old or a duly organized, validly existing business or other legal entity in good standing under the laws of the country in which you are established and able to enter into legally binding contracts. Some Property Management Companies may have additional requirements on the minimum age of the primary occupant (as noted on the Home description page). VERIFICATION OF GUESTS
To ensure the security of the Platform and the Homes, for fraud prevention purposes, and compliance with applicable laws, Marriott may in its sole discretion and consistent with applicable laws request that you provide information to verify your identity, such as a driver’s license or passport. In some jurisdictions Marriott or the Property Management Company is required by applicable law to collect such identity verification information and provide it to government authorities. Marriott or the Property Management Companies may perform additional background checks or obtain reports from public databases in order to verify your, or your guests’ identities. AVAILABILITY OF THE PLATFORM AND SERVICE
The Platform is provided via the Internet and Marriott does not guarantee the continuous and uninterrupted availability of the Platform or the Services. The Platform may not be available as a result of maintenance, capacity limits or for any other reasons in Marriott’s sole discretion. INTELLECTUAL PROPERTY
The Platform may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Marriott, our affiliates, and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Marriott, our affiliates, and/or other parties is granted to or conferred upon you. The www.marriott.com site and/or certain activities provided via our Sites may be covered by U.S. Patent No. 6,091,956 and/or U.S. Patent No. 7,624,044. ACCEPTABLE USE
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Platform and/or the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you are not authorized to use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Platform, the Services, or the Marriott Information contained therein, or any aspect of the Platform, the Services, or the Marriott Information, without the prior express consent from an authorized Marriott representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Platform). You further agree not to claim that such access is authorized. Furthermore, you agree that you will not use the Platform and/or the Services for any purpose that is illegal, unlawful, or prohibited by these Terms. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of the Platform and/or the Services in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use the Platform and/or the Services in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to the Platform or use of the Services, including, without limitation, if you violate any of the provisions of these Terms.You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. ACCESS CODES
The Platform may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of the Platform (“Access Codes”). You are entirely responsible for maintaining the confidentiality of your Access Codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, SERVICES AND MARRIOTT INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT THE PLATFORM, SERVICES, HOMES, AND/OR MARRIOTT INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING THE PLATFORM, SERVICES, AND/OR MARRIOTT INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us, including without limitation the Property Management Companies and their service providers and payment processors hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, the Services, any websites or mobile applications linked to the Platform and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.This limitation of liability does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law. INDEMNIFICATION
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request. YOUR CONTENT
With respect to all communications you make to us regarding Marriott Information including but not limited to feedback, questions, comments, suggestions and the like (“Your Content”), you grant us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable and sublicensable right to use, copy, display, reproduce, process, adapt, modify, publish, transmit, perform, display, distribute, and otherwise exploit Your Content, or any part thereof, for any purpose, in any format or medium now known or developed in the future in perpetuity. You agree that: (a) you shall have no right of confidentiality in Your Content and we shall have no obligation to protect Your Content from disclosure; and (b) we shall be free to use any ideas, concepts, know-how, content or techniques contained in Your Content for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Center). TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS
Marriott Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Marriott assumes no responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Marriott reserves the right to make changes, corrections, cancellations and/or improvements to Marriott Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction. LOYALTY PROGRAM
The loyalty program for Marriott is Marriott Bonvoy™ (hereinafter, the “Loyalty Program”). Guests who book Homes through the Platform are entitled to earn and use Loyalty Program points (“Points”) as set forth in these Terms and the Marriott Bonvoy Loyalty Program Rules and as described below.EARNING LOYALTY PROGRAM POINTS- You are eligible to receive Loyalty Program Points for a completed Stay in a Home that is purchased through the Platform. However, Members cannot earn or receive benefits at multiple Homes in different cities for the same stay dates.
- To ensure Points are posted to the correct Loyalty Program member account, your account number must be entered correctly at time of purchase on the Platform. You must already be a member of the Loyalty Program or sign-up for the Loyalty Program prior to purchase in order to earn Points on purchases through the Platform.
- Points will be awarded based on a value of 5 base Points earned per qualifying $1 USD on all Qualifying Charges incurred and paid for by the Member through the Platform for up to three (3) Homes in the same city with the same check-in and check-out dates, provided they stay in one (1) Home and pay for all three (3) Homes.
- Elite Point bonuses, based on Elite tier, will be awarded in accordance with the Marriott Bonvoy Loyalty Program Rules.
- Elite Night Credit will be earned on completed Stays booked through the Platform, whether it is purchased with Points or paid for. Members receive Elite Night Credits for one (1) Home and not any additional Homes they may have purchased with the same check-in and checkout dates.
- Charges that do not qualify for Points include taxes and fees (e.g. cleaning fee, resort fee) applied to the Homes booked through the Platform, as well as add-on services purchased (e.g. incremental housekeeping, etc.).
- Points will only be awarded for purchases made through the Platform and will not be given for any associated partners that may be promoted within pre-arrival or in-stay experience.
- Points will not be issued on refunded purchases.
- Effective January 1, 2022, Qualifying Charges on completed Stays in a calendar year at Homes & Villas by Marriott Bonvoy will be applied to the Ambassador Elite Annual Qualifying Spend.
- Miles cannot be earned for purchases made through the Platform.
- If you are purchasing on behalf of other party, Points will be distributed to the account that is entered at time of booking. Only the Member who completes a Stay can earn Points and Elite Night Credit on a single purchase order made through the Platform.
- Provided that the correct Marriott Bonvoy member number is added as part of the booking process, points will automatically appear in your Marriott Bonvoy account within 72 hours following the completion of your stay. Homes & Villas by Marriott Bonvoy Elite Night Credits are posted as Bonus Nights/Promotional, on the Marriott Bonvoy account.
- Members who use their Marriott Bonvoy co-branded credit card for purchases through the Platform will also receive their bonus Points in their Marriott Bonvoy Account at the same time.
- All Loyalty Program Rules apply to purchases made on the Platform.
REDEEMING LOYALTY PROGRAM POINTS- A Member is eligible to redeem Points for Homes booked through the Platform at a ratio of 178.571428571 Points to every U.S $1 purchased (including fees, taxes).
- Members have the flexibility to select the amount of cash and the amount of Points to be redeemed as combined payment for a Stay in a Home booked through the Platform (“Cash & Points Payment at HVMB”).
- There are no fixed amounts of either cash to pay or Points to be redeemed. At least one-thousand (1,000) Points are required for the Cash & Points Payment at HVMB.
- Members cannot use more Points than what they currently have in their Membership Account.
- Major credit cards and Points are the accepted methods of payment for Cash & Points.
- Marriott Gift Cards and Marriott Bonvoy Free Night Awards cannot be used as part of the Cash & Points Payment at HVMB.
- Members will earn Points on the cash portion of their Cash & Points Payment at HVMB once the stay is completed, subject to the previous Section (“Earning Loyalty Program Points”).
- Please note, Cash & Points Payment for Homes & Villas by Marriott Bonvoy is different from Cash + Points Awards at Participating Properties (see Section 3 Marriott Bonvoy Loyalty Program Rules).
- Bookings purchased with Points or Cash & Points Payment at HVMB are eligible for earning Elite Night Credit in accordance with the Marriott Bonvoy Loyalty Program Rules.
- If bookings are cancelled, Points will be reimbursed in accordance with the Home cancellation policy.
- Award Redemptions at Participating Properties listed under Section 3 of Marriott Bonvoy Loyalty Program Rules are not available for use at HVMB including: all Award Redemption Stay types outlined in Section 3, Instant Redemption Awards, and Suite Night Awards.
MEMBER BENEFITS- Gold Elite Members receive one Elite Welcome Gift of 500 Points on a Stay of one or more consecutive nights as described in Section 2 of the Marriott Bonvoy Loyalty Program Rules, even if they check in and check out of the same Home within 24 hours.
- Platinum Elite Members and above receive one Elite Welcome Gift of 1,000 Points on a Stay of one or more consecutive nights as described in Section 2 of the Marriott Bonvoy Loyalty Program Rules, even if they check in and check out of the same Home within 24 hours.
- All other Elite Member benefits outlined in Section 4 of the Marriott Bonvoy Loyalty Program Rules are not available for Stays at Homes booked through the Platform.
ADDITIONAL TERMS- The Best Rate Guarantee offered by Marriott does not apply to purchases made through the Platform.
- Marriott Bonvoy Member Rates are not available on purchases made through the Platform.
- A Member may request credits for Points and/or Elite Night Credit that are not reflected in their Member’s Account after 6 (six) weeks from the completion of their Stay by contacting the Homes & Villas by Marriott Bonvoy team here.
MAPS
Any use of the maps functionality on the Platform shall be governed by the Google Maps Platform Terms of Service. Marriott shall have no liability for your use of Google Maps or for any results, including driving directions, generated by Google Maps. THIRD PARTY SITES
If you choose to leave the Platform via links to other third-party websites, including those of advertisers, these Terms and our Privacy Center will no longer apply. We are not responsible for the terms of service or privacy policies of those third-party websites or the cookies or other tracking technologies they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that we are not responsible for the availability of such third-party sites or resources, and that we do not endorse or are responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources.Sometimes Marriott provides referrals to third-party websites solely for the convenience of its guests. Marriott makes no representations or endorsements concerning the safety, accuracy, quality, standards or fitness of the services provided by these third-parties. Marriott is not responsible or liable, either directly or indirectly, for any loss or damage that is sustained from your use of these third-party services. Please refer to the terms and conditions and privacy provisions of the third-party, which govern your transaction. Marriott is not responsible for any aspect of these third-party services, and you assume all risks associated with the services. GOVERNING LAW
These Terms and all disputes, claims or controversies (collectively, “Disputes”) between you and Marriott relating to these Terms, the Services, the Platform, or the Content, are governed by and shall be construed and enforced under the laws of the State of Maryland, USA, applicable to contracts executed and performed within Maryland, USA. For all claims not subject to the arbitration clause, you specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of Maryland and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Platform and the Services. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.In the event of any Dispute relating to these Terms, the Platform, the Services or the Homes, including disputes before creation of your account of after termination of these Terms or your account, you and Marriott agree as follows:The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement section. Prior to initiating arbitration as described in this section, the party alleging a Dispute will first send a written notice to the other party with a detailed description of the nature of the Dispute, including all relevant facts, and the requested relief. All notices to Marriott must be sent by email to arbitrationhomesandvillas@marriott.com and by certified U.S. mail to Marriott Bonvoy, Inc., 10400 Fernwood Road, Bethesda, Maryland 20817-1102; ATTN: Legal. Marriott will send all notices to the email address associated with your account. We will both use reasonable, good faith efforts to resolve any Dispute via discussion and negotiation within 30 days from receipt of such notice, but if we are not able to resolve the Dispute within the 30-day time period, either party may initiate arbitration as described in this section.Arbitration is an alternative method of dispute resolution which is determined by an arbitrator, unlike litigation which is determined by a judge or jury. Arbitration awards are subject to limited court review. Where the relief sought is $10,001 or more, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Marriott Bonvoy, Inc., 10400 Fernwood Road, Bethesda, Maryland 20817-1102; ATTN: Legal.The arbitrator’s award shall be final and binding on all parties. All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration and Class Action Waiver provision, as well as the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct.Payment of all filing, administration, and arbitrator costs and expenses imposed by JAMS will be governed by the JAMS rules, provided that if you are initiating an arbitration against Marriott, then Marriott will advance all filing, administrative and arbitration costs and expenses imposed by JAMS (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Marriott for all such cost and expenses that Marriott paid and that you would have been obligated to pay under the JAMS rules.If you are a U.S. resident, arbitration will be held in the U.S. state in which you reside. If you are not a U.S. resident, arbitration will be held in Bethesda, Maryland. You and Marriott further agree to submit to the personal jurisdiction of any federal or state court in the State of Maryland in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.If your claim is solely for monetary relief of US $10,000 or less (and does not include a request for equitable relief), then you may decide whether the arbitration will be conducted through a telephone or in-person hearing, or based solely on documents submitted to the arbitrator. If your claim exceeds US $10,000, AAA Rules will govern the right to a hearing. The arbitrator shall issue a written reasoned decision explaining the essential findings and conclusions on which the decisions and award are based.Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property, and claims based on unauthorized website access in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for Disputes within the scope of that court’s jurisdiction.30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to optouthomesandvillas@marriott.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Platform or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Marriott also will not be bound by them.Class Action Waiver: You and Marriott agree to resolve all Disputes in an individual capacity, and not on behalf of or as part of any purported class, consolidated or representative action. You further agree not to participate in any class, consolidated or representative brought by a third party. If any court or arbitrator determines that the class action waiver in this Section is unenforceable, then that Dispute will not be subject to arbitration and must be brought in court.Changes to This Section: Marriott will provide thirty (30) days’ notice of any changes to this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Service.If you have questions about these Terms, please send an e-mail to homesandvillas@marriott.com CUSTOMER REVIEWS TERMS OF USE
These “Terms of Use” govern your provision and posting of reviews of Marriott-curated homes and villas, including your submission of stories, photographs, videos or other information (collectively, "Content"). By submitting any Content, you are entering into an agreement with Marriott Bonvoy, Inc. (“Marriott”) to accept all of these Terms of Use as they may be updated by Marriott without notice. Marriott recommends that you review these Terms of Use from time to time to ensure that you are familiar with the most recent version.Marriott’s websites, including Marriott.com and homes-and-villas.marriott.com, may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and/or other proprietary rights of Marriott and other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights is granted to or conferred upon you.With respect to any Content you submit, you grant Marriott and its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees (collectively, “Affiliates”) a perpetual, irrevocable, royalty-free, worldwide, sublicenseable and transferable right and license to: (a) use, copy, modify, delete in its entirety, adapt, publish, translate, alter, create derivative works of, sell and/or distribute such Content and/or incorporate such Content into any form, medium, materials or technology without notice, compensation or other obligation to you; and (b) sublicense the foregoing rights to others. You may not have the ability to edit or delete the Content that you submit.Marriott has the right, but not the obligation, to evaluate all Content before posting it and to alter, remove or refuse to post any Content. You release and discharge Marriott from any and all liability arising out of or relating to the Content and Marriott’s use of the Content, including without limitation, claims for defamation or claims based on the rights of privacy or publicity or on any blurring or visual distortion or alteration, whether intentional or otherwise, that may occur or be produced in the use of the Content. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of Content that you may have under any applicable law.For all Content you submit, you represent and warrant that:- you have all rights necessary for you to grant the foregoing license of the Content to Marriott (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in the Content);
- all individuals appearing in the Content have given their consent to Marriott’s use of the Content for any lawful purpose;
- you recently stayed at the Marriott-curated home or villa for which you are providing a review, are the sole author of and owner of the intellectual property rights in the Content and shall be fully responsible for such Content;
- you are at least the age of majority in the jurisdiction in which you reside;
- the Content does not contain any confidential information
- the Content is not false, inaccurate or misleading;
- the Content does not contain personally identifiable information of any person other than yourself (including any Marriott representative), including first and last name, username containing first and last name, email address, physical address, or phone number;
- the Content does not criticize other posted stories or their authors;
- the Content, and Marriott’s use of the Content, does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or otherwise violate the rights of any third party;
- the Content, and Marriott’s use of the Content, does not violate any law, statute, ordinance or regulation;
- the Content, and Marriott’s use of the Content, is not, and may not reasonably be considered to be, obscene, abusive, threatening, indecent, defamatory, libelous, hateful, racially or religiously biased or otherwise offensive;
- the Content does not contains advertisements, "SPAM" or references to other services, products, offers or websites; and
- the Content does not contain any computer viruses, worms or other potentially damaging computer programs or files.
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Travel insurance is offered and sold by AGA Service Company dba Allianz Global Assistance, including in collaboration with Marriott Insurance Agency LLC in Hawaii, Kansas, Massachusetts, New York, and Wyoming. These insurance producers represent the insurer for purposes of the sale and will receive compensation as a result of the sale. Marriott Bonvoy, Inc. may also receive compensation from Allianz Global Assistance for allowing Allianz Global Assistance to market or offer products to its customers, depending on your state of residence.New York Residents: The compensation the producers receive may vary depending on a number of factors, including the policy selected, the producers' expenses, volume of business, or profitability. The purchaser may request and obtain information about the producers’ compensation, except as otherwise provided by law.Travel protection plans are subject to terms, conditions and exclusions. Plans include a waiver of the exclusion for pre-existing medical conditions if you meet the requirements listed in your plan; otherwise, the exclusion for pre-existing medical conditions will apply. All other terms, conditions, and exclusions apply. Travel protection plan charge includes the cost of insurance benefits and assistance services. For more information, see your plan details, or contact Allianz Global Assistance at 800-284-8300 or 9950 Mayland Drive, Richmond, VA 23233 or customerservice@allianzassistance.com.Travel insurance plans include insurance benefits (which may include disability and/or health insurance benefits) that only apply during the covered trip. This optional coverage may duplicate coverage already provided by your personal auto, home, renter’s, health, life, personal liability, or other insurance policy or source of coverage but may be subject to different restrictions. You should review the terms of this policy with your existing coverage. If you have any questions about your current coverage, call your insurer/health plan or insurance agent/broker. The purchase of travel insurance is not required to purchase any other products or services. Unless licensed, travel retailers and their employees may provide general information about the insurance, including a description of coverage and price, but are not qualified or authorized to answer technical questions about terms, benefits, exclusions, and conditions of the insurance or evaluate the adequacy of existing insurance coverage. Travel insurance is intended for U.S. residents only and may not be available in all jurisdictions.California Residents: AGA Service Company is doing business in California as Allianz Global Assistance Insurance Agency, License # 0B01400. California offers a toll-free consumer hotline at 1800927-4357.Maryland Residents: The purchase of travel insurance would make the travel insurance coverage primary to any other duplicate or similar coverage. The Commissioner may be contacted to file a complaint at: Maryland Insurance Administration, ATTN: Consumer Complaint Investigation Property/Casualty, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202.Insurance benefits underwritten by BCS Insurance Company (OH, Administrative Office: 2 Mid America Plaza, Suite 200, Oakbrook Terrace, IL 60181), rated “A” (Excellent) by A.M. Best Co., under BCS Form No. 52.201 series or 52.401 series, or Jefferson Insurance Company (NY, Administrative Office: 9950 Mayland Drive, Richmond, VA 23233), rated “A+” (Superior) by A.M. Best Co., under Jefferson Form No. 101-C series or 101-P series, depending on your state of residence and plan chosen. A+ (Superior) and A (Excellent) are the 2nd and 3rd highest, respectively, of A.M. Best’s 13 Financial Strength Ratings. Plans only available to U.S. residents and may not be available in all jurisdictions. Except as otherwise specified, Allianz Global Assistance is the licensed producer and administrator of these plans and an affiliate of Jefferson Insurance Company. The insured shall not receive any special benefit or advantage due to the affiliation between AGA Service Company and Jefferson Insurance Company. Any Non-Insurance Assistance services purchased are provided through Allianz Global Assistance. Except as expressly provided under your plan, you are responsible for charges you incur from third parties. 
