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TERMS OF SERVICE

WELCOME


AGREEMENT TO TERMS


THE PLATFORM AND THE SERVICES


HOME LISTINGS


BOOKING PROCESS


PROPERTY MANAGEMENT COMPANIES


PERSONAL LIABILITY WAIVER


PRIVACY


ELIGIBILITY


VERIFICATION OF GUESTS


MARRIOTT INFORMATION


AVAILABILITY OF THE PLATFORM AND SERVICE


INTELLECTUAL PROPERTY


ACCEPTABLE USE


ACCESS CODES


LIMITATION OF LIABILITY


INDEMNIFICATION


YOUR CONTENT


TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS


LOYALTY PROGRAM


MAPS


THIRD PARTY SITES


GOVERNING LAW


ARBITRATION AND CLASS ACTION WAIVER


CUSTOMER REVIEWS TERMS OF USE


TRAVEL INSURANCE


HOMES & VILLAS BY MARRIOTT BONVOY TERMS OF SERVICE

Effective Date: April 30th, 2019
IMPORTANT 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.


THE PLATFORM AND THE SERVICES

The Platform and Services provide a home rental offering by Marriott whereby you
may browse listings for homes (a “Home” or the “Homes”) and book short term
rentals of such Homes through the Platform. Marriott has relationships with
local property management companies (individually, a “Property Management
Company” and collectively, “Property Management Companies”) who manage your
booking, the Home, and provide support to you during your stay at a Home.
Marriott does not own, lease or manage the Homes.


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 21923596

 * Company name: Sea N Rent Ltd
 * VAT /Business Registration: 515849131
 * Date of incorporation: 22 May 2018
 * Address: Retsif Herbert Samuel St 32, Tel Aviv-Yafo, 6330307, Israel

HMC 15782880

 * Company name: Smiling House AG Mettlenstr.
 * 16 CH-3780 Gstaad Switzerland
 * Registration number: CHE- 106.568.222


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 Statement, which may be updated from
time to time. When you agree to these Terms, you are also acknowledging the
provisions in that Privacy Statement.


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.


MARRIOTT INFORMATION

The content and information displayed on the Platform are Marriott’s property
and are collectively referred to as “Marriott Information”. The downloading,
reproduction, or retransmission of Marriott Information, other than for
non-commercial individual use, is strictly prohibited.


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 Statement).


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 Loyalty Program account number is added as part of
   the booking process, Points will automatically appear in the member's account
   three (3) to six (6) weeks following the completion of their Stay.
 * 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 Statement 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.

You agree to indemnify and hold Marriott and its Affiliates harmless from all
claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, including reasonable attorneys’ fees, arising out of
a breach of your representations and warranties set forth above, your violation
of any law or the rights of a third party, or your submission of Content that
violates these Terms of Use. Marriott reserves the right, at its expense, to
assume exclusive defense of any third party claim and all negotiations for
settlement and you agree to cooperate with Marriott in the defense of any such
claim, at Marriott’s request. Any waiver by Marriott with respect to a breach by
you or others shall not be construed to be a waiver as to succeeding breaches.
Marriott and/or its affiliates shall not be liable for any damages or injury,
including any indirect, special, incidental, punitive, exemplary, consequential
or any other damages whatsoever arising out of or in connection with your
submission of Content to the Site or Marriott’s use of such Content.
You agree that Marriott and its Affiliates may use your email address to contact
you regarding the Content you submit to this Site and for other administrative
purposes.
These Terms of Use and their enforcement shall be governed by the laws of the
State of Maryland, without reference to the principles of conflicts of law
thereof or such principles of any other jurisdiction.
THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MARRIOTT
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
ITS OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED IN THE SITE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. MARRIOTT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. MARRIOTT FURTHER DOES
NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR
FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT
IS ACCURATE OR CORRECT. YOUR SUBMISSION OF CONTENT IS SOLELY AT YOUR OWN RISK.
It is Marriott’s policy to respect the intellectual property rights of others.
In connection with this policy, Marriott will not knowingly post content of any
kind that infringes the copyright or other intellectual property rights of
others. As such, and pursuant to the Digital Millennium Copyright Act (17 U.S.C.
§512(c)(2)), Marriott has designated an agent to receive notifications of
alleged copyright infringement on the Site. If you believe that your work has
been used in a way that constitutes copyright infringement, please send: (a) a
description of the work; (b) a description of the location of the work on the
Site, including the URL; (c) your name, address, and telephone number; (d) a
signed statement by you that you have a good faith belief that the disputed use
is unauthorized under current law; and (e) a signed statement by you that you
believe, under penalty of perjury, that your allegations are true and that you
are the copyright owner or acting on behalf of the copyright owner. Please
submit these materials to:
Senior Counsel, Intellectual Property
Marriott Bonvoy, Inc.
10400 Fernwood Road, Dept. 52/923
Bethesda, MD 20817
e-mail: IPLaw@marriott.com
If you have questions about these Terms of Use, please contact Marriott via
e-mail


TRAVEL INSURANCE

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.
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