TERMS AND CONDITIONS

TERMS AND CONDITIONS

The vacation package being offered is provided by Club Exploria, LLC (“Sponsor”), a Delaware limited liability company whose address is 25 Town Center Boulevard, Suite C, Clermont, FL 34714. Sponsor is the developer and seller of Club Exploria, a multi-site timeshare plan. You must attend a 90-minute minimum timeshare sales presentation about the benefits of being a member of Club Exploria. If applicable, you must attend this presentation with your spouse or domestic partner. Failure to meet the qualifications of the offer or failing to attend the 90-minute presentation may result in being charged the daily rental rate along with a Not Qualified fee of $350. More time may be necessary if you choose to purchase. This offer is designed for individuals who are at least 28 years of age or older. Purchaser, and their spouse or domestic partner, if combining income, (hereinafter “Purchaser”) each party must present a valid state-issued driver's license (with the same mailing address) and a valid credit card (not attached to a debit account) at check-in for incidentals/security deposit.

Purchaser must have a gross annual household income of at least $70,000 and have a minimum credit score as established by this Sponsor. Purchaser may not have filed for bankruptcy or been adjudicated bankrupt or insolvent within the past 7 years. Only married couples and domestic partners attending a sales presentation at a Club Exploria resort location (and who provide proof of cohabitation through government-issued identifications showing an identical home address) may combine their income, and, if married or in a domestic partnership, both spouses and domestic partners must attend the tour together.

Employees of Sponsor and persons having attended a sales presentation with Sponsor within the last 12 months are ineligible to participate purchase a vacation package. Only one vacation package per household.

If applicable, Exploria Resorts Owner Participation Requirement:

To be eligible for selected reservations and package use, ALL OWNERS on the Account are required to travel and attend the minimum 60-minute Owner Update together. The scheduled times of Owners Update depend on the property location of update. Failure of all parties on the Account to travel and attend the required presentation will result in forfeiture of the package and associated gift(s). Exploria Resort property owners' accounts cannot be in Collections, Bankruptcy nor have an active Loan Modification. Exploria Resorts Owners/Members may not travel on a promotional package within 6 months of their most recent stay/tour.

This vacation package is designed for families and for recreational and vacation purposes, not to exceed a maximum of four (4) people per offer (four (4) person max (based on accommodations type). There is no obligation to purchase a timeshare interest. If you fail to attend the sales presentation or meet the requirements set forth in these Terms and Conditions, you understand that you will be charged the full retail value for the accommodations and any gift(s) received less the purchase price of the vacation package and will not receive any promotional gifts described herein. Promotional gifts, if included in the selected package, will be provided upon completion of the timeshare sales presentation and tour during the vacation, or sooner if required by law. Sponsor reserves the right to substitute any advertised accommodations or features with one of equal or greater value. Gifts may be substituted at the discretion of the provider.

Purchaser must not be scheduled to attend any other timeshare sales presentation(s) at the destination region while staying or touring on any vacation package sponsored by Club Exploria.

Owners having attended a sales presentation with Sponsor within the last 6-months are ineligible to participate purchase a vacation package. Only one vacation package per household.

Group travel on this vacation package is not permitted. Group travel is defined as traveling with friends or family on separately purchased packages, to the same destination during overlapping travel dates.

Purchaser cannot attend the timeshare sales presentation on the date of arrival or date of departure. If attendance at a sales presentation is made under an exception on the date of departure, the guest must first check out of their accommodations and their flight must not depart within or less than 7 hours after scheduled tour time. Purchasers living within a 50-mile radius of the resort in the vacation package do not qualify to participate in this offer, but may qualify to participate in an offer at an alternative resort destination. This vacation package may NOT be used in combination with any other promotional offer or used in conjunction with any other vacation ownership interest. Two or more vacation packages may NOT be used at the same time to extend your travel dates.

This offer is non-refundable and non- transferable except as described herein or as required by law. Failure to comply with the rescheduling policy, attend the sales presentation, or meet the eligibility requirements will result in forfeiture of the package price and benefits of the package. You may cancel and request a refund at any time within thirty (30) days following the date that you purchased your vacation package, and the refund amount will be the purchase price of the vacation package less the retail value of any gift(s) and/or accommodations received. If you have used any of the days or nights accompanying this vacation package, you are ineligible to receive a refund. Club Exploria reserves the right to cancel any reservations and issue a full refund for any reason until 3 days prior to scheduled check-in, whereas fees are 100% nonrefundable.

If a travel date was not selected when the vacation package is purchased, Purchaser must travel within 12 months from the date of purchase. Because the Sponsor subsidizes the cost of this vacation package in order to offer it to you at a discounted price, the Sponsor has instituted this Late Cancellation/No-Show Policy. Full pre-payment using a major credit card or debit card with the VISA or MC logo is required. Subject to any applicable statutory cancellation rights, this is a non-refundable, non-transferable advance purchase package. Purchaser may reschedule a reservation one time at no charge. A $65.00 charge applies to each reservation change thereafter. Any change made within 72 hours prior to check in or vacation no shows will be charged $90.00 if your accommodations were in a hotel or studio unit; $120.00 for a one-bedroom unit; and $150.00 for a two-bedroom unit. By purchasing a vacation package, you are agreeing to this policy.

Pets are not permitted in Club Exploria properties. However, service animals as defined by the ADA are permitted. Emotional support animals are not recognized by the ADA as service animals. Thus, they are not permitted.

Sponsor and its direct and indirect parents, subsidiaries and affiliates, and each of their respective employees, officers, directors, shareholders, affiliates, and agents are not responsible for any printing or typographical errors contained herein. Sponsor is not responsible for any Acts of God, personal travel interruption, transportation costs, taxes, fees or personal illnesses preventing purchaser from using the vacation package within the provided time period. Medical, personal, physical or economic issues are the sole responsibility of the purchaser and do not provide a reason(s) for cancellation of package purchase outside of the provided period.

This promotion is intended to solicit purchasers of timeshare interests in Club Exploria. The price range of the intervals is $8,200 to $40,075, plus annual dues. Prices subject to change. Void where prohibited by law. The verifiable retail value of this offer is $775 - $2,025 based on number of nights, location, room type and travel dates selected.

CONSENT TO CONTACT

Notwithstanding any current or prior Do Not Call directive or election to opt-in or opt-out of receiving telemarketing calls, SMS messages, MMS Messages, text messages, emails, push notifications, or other messaging, delivered using an automated system for the selection or dialing of telephone numbers and/or the playing of artificial or pre-recorded voice or recorded messages, including through voice assisted technology. Airtime, message, and data rates may apply. By providing my contact information, including my mobile or landline telephone number, and by initialing this section, I hereby expressly authorize and give express written consent to Exploria Resorts to contact me about current and/or future offers and deals (including but not limited to discounted travel promotions and purchases, and timeshare sales offers), through the telephone number(s) or physical or electronic addresses that I have provided above. I understand that this permission overrides and takes priority over any prior listing by me on any Federal or State Do Not Call registry or list and/or any prior listing on the Internal Do Not Call list of Exploria Resorts. I understand that I can opt-out of future calls at any time by requesting to be placed on the Exploria Do Not Call list by calling 866-645-4311. I/we understand that this consent is in no way a condition of any purchase of property, goods, or services, nor shall any of the same be contingent upon the consent provided herein.

ADDITIONAL DISCLOSURES

RIGHT TO CANCEL OR MODIFY PROMOTIONS AND TERMS AND CONDITIONS. Sponsor, in its sole discretion, reserves the right to cancel, terminate, modify, or suspend the Promotion in any way as deemed necessary by operational procedures and/or as otherwise mandated by State or Federal Laws.

Sponsor shall have no liability for any failure to comply with any provision of these Terms and Conditions due to occurrences beyond the Sponsor's control, including events that delay, hinder, or otherwise prevent the performance of any act required by Sponsor or in any way necessary to support the Promotion, including, without limitation, war (whether or not declared), revolution, riot, insurrection, strike, labor troubles, inability to procure materials or services necessary for performance, restrictive governmental laws or regulations, invasion, armed conflict, hostile act of foreign enemy, acts of terrorism (foreign or domestic), sabotage, radiation or chemical contamination, ionizing radiation, acts of nature (including without limitation, hurricane, tornado, flood, storm, tempest, wildfires, or earthquake), explosions, plague or other serious epidemics, public health emergencies, communicable disease outbreaks, or pandemics. If the product purchased becomes no longer valid due to associated changes then use of the package offer will be restricted, voided, forfeited, loss, or replaced with option of accommodations provision only. This constitutes the entire offer for the Promotion and no other representations, oral or otherwise, will apply.

THIS ADVERTISING MATERIAL IS BEING USED FOR THE PURPOSE OF SOLICITING TIMESHARE SALES. THE COMPLETE OFFERING TERMS ARE CONTAINED IN AN OFFERING PLAN AVAILABLE FROM THE SPONSOR.

This offer is not directed to residents in any state in which a registration of the timeshare plan is required but in which registration requirements have not yet been met. Offer is not available for residents of California.

ONLINE PRIVACY STATEMENT

This Online Privacy Statement (“Policy”) was last updated on January 6, 2020.

Exploria Resorts and its respective logos are the trademarks of Club Exploria, LLC or its affiliates. Exploria Resorts, Club Exploria, and the programs and products provided under the Exploria brand are owned, developed, or sold by Club Exploria, LLC.

Club Exploria, LLC, its direct and indirect parents, subsidiaries and affiliates, and managed owners' associations (together “Exploria Resorts”) respect your privacy and are committed to protecting it through compliance with this Policy. This Policy describes the type of information Exploria Resorts may collect from you or that you may provide when you visit any website or property owned or operated by Exploria Resorts (our “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect on our Websites; in email, text, or other electronic messages between you and our Websites; through any mobile and desktop applications that may be available and of which you download; and from off-line accounts, activities, and communications, including when you complete an entry for an Exploria Resorts sponsored promotion or contest or when you check into one of our properties Exploria Resorts collects information about you so that we can provide an experience that is tailored to your preferences.

Please read this Policy carefully to understand Exploria Resorts' policies and practices regarding your information and how it will be used. By accessing or using our Websites, you agree to this Policy. If you do not agree with the policies and practices of Exploria Resorts, your choice is to not use our Websites or provide personal information to Exploria Resorts. This Policy may change from time to time. Your continued use of the Websites after we make changes is deemed acceptance of those changes, so please check the Policy periodically for updates.

Please know that, notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages), by providing your personal contact information, you provide Exploria Resorts and Exploria Resorts' Strategic Marketing Partners (defined below), express permission to contact you for non-emergency, marketing purposes, at the telephone number, or the physical or electronic mail address you provide, (including by SMS messages and text messages), using prerecorded messages or artificial voice, and calls and messages using an auto telephone dialing system or an automatic texting system. You understand that this permission overrides your listing on any state or federal Do Not Call list and any prior listing on the Do Not Call list of Exploria Resorts. You can opt out of future calls at any time by requesting to be placed on the Do Not Call list of Exploria Resorts by following the directions below.

The following is an explanation of the information collected by Exploria Resorts, its use, and why the use of this information will benefit our visitors' experience.

INFORMATION COLLECTED ON OUR WEBSITES
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
SOCIAL MEDIA
EMAIL
DIRECT MAIL/OUTBOUND TELEMARKETING
LINKS TO OTHER WEBSITES
ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION
CHILDREN UNDER THE AGE OF 13
DATA TRANSFERS ACROSS INTERNATIONAL BORDERS SECURITY
SECURITY
YOUR CALIFORNIA PRIVACY RIGHTS
PERIODIC REVIEW AND MODIFICATIONS
CONTACT US

INFORMATION COLLECTED ON OUR WEBSITES

Exploria Resorts may ask for and collect personal information in order to provide a customized experience on our Websites or with Exploria Resorts' sponsored vacation packages. The personal information we collect may include information that you provide when you check into a property owned or operated by Exploria Resorts or when filling in forms on our Websites and other off-line methods, such as Exploria Resorts' sponsored promotions and contests, and may include name, postal address, email address, telephone number, social security number, and birthdate. With these fill-in forms, you may have the ability to choose the information you wish to share with us. Exploria Resorts may use such information for marketing and non-marketing purposes (such as surveys). In most cases, the information you provide is added to our database in order for us to provide personally tailored messages which are delivered online and off-line.

On our Website, Exploria Resorts may also collect information using automatic data collection technologies to collect certain information about your equipment and browsing activities and patterns. Our automatic data collection activities are further described in the Information We Collect Through Automatic Data Collection Technologies section of this Policy.

Exploria Resorts may contract with third-party service providers, to deliver services and customer solutions. Service providers, which may change or be added from time to time, are required to keep confidential the information received on behalf of Exploria Resorts and may not use it for any purpose other than to carry out the services they are performing for Exploria Resorts. Situations in which Exploria Resorts may disclose your information to others include:

When you have not objected to these types of disclosures or, in those jurisdictions where we are required to obtain your permission when we have received your consent to do so;
In situations where sharing or disclosing your information is required in order to offer you products or services you requested (e.g. a vacation package or reservations at an affiliated resort);
When companies or service providers that perform business activities on behalf of Exploria Resorts require such information (e.g. billing services, credit card processing, customer support services, guest satisfaction surveys, market research administration, or database management services);
When a resort or other property leaves the Exploria Resorts system and access to your personal information is necessary to facilitate business operations or meet contractual obligations;
In the event Exploria Resorts is merged with or acquired by another company;
To comply with legal or regulatory requirements or obligations in accordance with applicable law, a court order or a subpoena, to enforce the right of a lender, owners' association, or foreclose on a property interest; and
In case of emergencies such as to safeguard the life, health, or property of an individual.

If information is shared as mentioned above, we seek to limit the scope of information that is furnished to the amount necessary for the performance of the specific function. Unless otherwise precluded by legal process, we require third parties to protect your personal information and abide by applicable privacy laws and regulations.

Exploria Resorts may offer you the option to create a personal, online account with a unique log-in. It may be necessary for Exploria Resorts to collect certain personal information from you to establish these accounts and allow you to perform various activities within the Websites for owners of Exploria Resorts products, you will have to provide additional information to enable you to access your specific ownership information. If you do not wish to share your information, please do not register and set up an online account.

Information we collect through automatic data collection technologies

As you navigate through and interact with the Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Websites; and, information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may only be statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Websites according to your individual interests.
Speed up your searches.
Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Exploria Resorts, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We may also work with vendors and marketing partners to help deliver advertisements and personalized content that we believe will be of interest to you. These vendors and marketing partners include advertisers, advertising agencies, advertising networks, audience segment providers, data exchanges, analytics providers, and other similar providers. These partners and vendors may use cookies and web beacons to collect information about your online activity (e.g., the sites and pages you have visited at Exploria Resorts and other third- party websites) in order to help Exploria Resorts and third-party advertisers deliver personalized content and advertising to you while you are on our Websites or other websites. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. To opt out of our vendors' use of cookies to tailor personalized content or advertising or visit: https://optout.networkadvertising.org/ and http://www.aboutads.info/choices.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Websites may be served by third-parties, including advertisers, and networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

SOCIAL MEDIA

Profile
If you connect with a social media service, or log in through a social media service, we may collect information that is publicly available through that service and the basic account information that is automatically passed to us by the service. For example, on Facebook, this could include your name, profile pictures and URL, cover photos, username, user ID, your friends' user IDs, network, gender, birthday, language, and current city.

Social Content
We may also collect content that you provide to be published on those social media services, such as your likes and your social media activities, like check-ins or tweets. We may also collect such other information as you and the social media service provide to us, including information regarding or provided by your friends. This includes, for example, check-ins, events, travel wishes, interests, posts, locations, and photos (including photos you or your friends have been tagged in). If you have turned on your device's location services, your location may be included in that content.

Social Media Content Sharing
The information collected from or about you by social media networks with which you connect are governed by the policies of those social media networks. Be aware that sharing content on a social media service may lead to it being shared to your friends (or contacts on those networks). Please consult the privacy settings on these services to update any of your sharing settings.

EMAIL

From time to time, Exploria Resorts may ask you for your email address in order to provide relevant information such as reservation confirmations and vacation offers. Email addresses may be joined with other information provided through our Websites and may also be augmented with other data sources. By providing your email address to us, you may receive periodic offers and information from Exploria Resorts or one of its Strategic Marketing Partners. If you do not want to receive marketing information from Exploria Resorts and/or one of our Strategic Marketing Partners in the future, you may opt-out of receiving email communication by following the directions posted in the email or by contacting us in any of the ways outlined in the Contact Us section of this Policy.

DIRECT MAIL/OUTBOUND TELEMARKETING

As part of the services that Exploria Resorts provides, Exploria Resorts may mail, text message, or call you to inform you of enhancements, changes in offerings, special events, or other relevant information responsive to your interests. If you provide Exploria Resorts with your postal address, cellular or telephone number, you are providing Exploria Resorts, its affiliates, and subsidiaries, express consent to contact you about Exploria Resorts products and services or upcoming Exploria Resorts special offers/events. You understand that this permission overrides your listing on any state or federal Do Not Call lists and any prior listing on the Exploria Resorts' Do Not Call list. You can opt out of future calls at any time by requesting to be placed on the Exploria Resorts Do Not Call List by calling the telephone number at the bottom of this page. You may also receive mailings/calls from one or more of our Strategic Marketing Partners.

LINKS TO OTHER WEBSITES

In order to anticipate your needs, Exploria Resorts may provide links to other websites for your convenience and information. Exploria Resorts is not responsible or liable for any content presented by or contained on any third-party website, including, but not limited to, any advertising claims or marketing practices. Please note that while Exploria Resorts will protect your information on Exploria Resorts' -owned and -operated websites, Exploria Resorts cannot control and will not be responsible for the privacy policies of third-party websites, including websites owned or controlled by independent owners' associations, vendors, service providers, travel providers that may have a business relationship with Exploria Resorts, those of our Strategic Marketing Partners, or other websites not controlled or authorized by Exploria Resorts. Third-party websites that are accessed through links on our Websites have separate privacy and data collection practices and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We encourage you to contact them to ask questions about their privacy practices, policies, and security measures before disclosing any personal information. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information.

ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION

We respect your privacy and maintain your personal information on a secure server. If you create a personal online profile for which you have a unique log-in, you can review and change your personal information and online communication preferences by logging into that website and visiting your account profile. If you request us to make changes to your personal account, we may not be able to change your personal information without deleting your account.

Occasionally, the information you request to be changed or removed will be retained in certain files in order to properly resolve disputes or to troubleshoot problems. In addition, information is never completely removed from our databases due to technical and legal constraints, including stored “back-up” systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to such requests.

Data collected by Exploria Resorts is an asset. It is possible that Exploria Resorts could merge with or be acquired by another legal entity. In such event, you should expect that Exploria Resorts may share some or all of the data collected from its visitors with such other entity provided, that such other entity will be notified of the practices which apply to personal information under Exploria Resorts' applicable privacy Policy.

CHILDREN UNDER THE AGE OF 13

Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any personal information on our Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this or any other website owned or operated by Exploria Resorts, do not use any of the interactive or public comment features, do not provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

DATA TRANSFERS ACROSS INTERNATIONAL BORDERS

Exploria Resorts does not currently store data collected through this website in any location outside of the United States; however, if at any time Exploria Resorts does store personal information of our customers outside of the United States, the nature of our business and our operations may require us to transfer that personal data to our parent, subsidiaries, affiliates, and Strategic Marketing Partners located in countries outside of your own, including into the United States. By providing your personal information on our Websites, you are acknowledging that such transfer may occur and expressly grant permission to do so. Although the data protection requirements and other laws of these various countries may not be as comprehensive as those in your own country, Exploria Resorts will take appropriate steps to ensure that your personal data is protected and handled as described in this Policy.

SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and will be encrypted using SSL technology.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of our Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 provides certain privacy rights to individual customers who are California residents. If you are a California resident and have provided personal information to Exploria Resorts, you may request information about our disclosures of certain categories of personal information to third parties, if such disclosures were for the direct marketing purposes of the recipient of that information. Because your privacy is important to us, Exploria Resorts does not share your personal information with unaffiliated third parties for the third parties' direct marketing purposes, except as stated herein. Exploria Resorts does share customer information with and among its parent, affiliate, and subsidiary companies for the purpose of marketing the various Exploria Resorts properties, vacation and travel products and services, and shares certain information about the owners of vacation ownership interests with Exploria Resorts, as operator of Club Exploria, a multisite timeshare plan (“Club Exploria”) and as owner of the brands, and with the external vacation exchange companies (Interval International, RCI, LLC, and/or SaveOnresorts, LLC) that are affiliated with Exploria Resorts. If you want to opt out of sharing this information, please submit your request by writing to the addresses listed in the Contact Us section below.

PERIODIC REVIEW AND MODIFICATIONS

This Policy may be revised from time to time. Updated versions will be posted to our website and date stamped so that you are always aware of when the Policy was last updated.

CONTACT US

Exploria Resorts provides all visitors with the option to contact us with any further questions or concerns.

You can contact us these ways:

By email: [email protected]

By writing to us at:
Club Exploria, LLC
Attention: Corporate Counsel
25 Town Center Blvd, Suite C
Clermont, Florida 34714

By calling a customer service representative at:
(352) 242-1100

To opt out of receiving communications from Club Exploria, LLC by telephone and be placed on the Exploria Do Not Call list:
866-645-4311

STRATEGIC MARKETING PARTNERS

Interval International

RCI, LLC

SaveOnresorts, LLC

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.

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.

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