Privacy Policy

USER(AGREEMENT)
This agreement is entered into by and between 'You' the customer booking a reservation through THE Club® Select website and Club Sunterra, Inc, a Florida corporation ('Sunterra').

USE OF WEBSITE
All use of this website including any reservations You book through this website are subject to the following terms, conditions, and notices as they exist at the time the reservation is made. Sunterra reserves the right to change the terms of this agreement at any time. BY USING THIS WEBSITE YOU ARE DEEMED TO HAVE AGREED TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. IF YOU DO NOT AGREE, PLEASE EXIT THE SITE IMMEDIATELY. This website is provided solely to customers for the purpose of determining the availability of resort rentals and to make legitimate reservations or otherwise transact business with Sunterra, and for no other purposes. You warrant that You will not use this website for any illegal purpose. You warrant that You are at least 18 years old and possess the legal authority to enter into this agreement. You agree to be financially responsible for all of Your use of this website as well as for the use of Your name and credit card account to pay for rentals purchased at this website by members of Your household, including minors. You also warrant that all information supplied by You or members of Your household in using this website is true and accurate.

ADDITIONAL(TERMS)
THE Club® Select website is designed to make available rental weeks acquired by Diamond Resorts International® in THE Club® Exchange program. Many of the rentals made available on this site are located at resorts that are not affiliated with Sunterra. Separate terms and conditions set by those resorts may apply to Your reservation. You agree to abide by the terms or conditions of purchase imposed by any resort with whom You elect to deal.You understand that any violation of any such resort’s conditions of purchase may result in the cancellation of Your reservation(s) or purchase(s), in Your being denied access to the rental, and in Your forfeiting any monies paid for such reservation(s) or purchase(s), and in Sunterra debiting Your account for any costs we incur as a result of such violation. You also agree that the credit card given in the purchase will be used to settle any costs that arise from Your negligence or abuse of the property.

RESPONSIBILITY FOR CHARGES
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of Your use of this website, and, without limitation, You shall be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on Your behalf, whether or not such use was performed with Your consent.You agree that Your credit card will be charged for the full cost of Your reservation upon submitting Your reservation request.

CANCELLATION
No refunds will be made for no-shows or early checkouts. You agree to pay any cancellation or change fee that You incur. All monetary reservations are subject to a non-refundable deposit of 1 night’s value (total amount divided by 7). Cancellations made within 7 days of arrival date are refunded 50% of total reservation amount. Cancellations made within 3 days of arrival are not considered and are not refunded any amount – the entire amount is forfeited. All SunOptions reservations will be subject to the following cancellation schedule: 0% loss of SunOptions if cancelled 365-60 days prior to arrival date; 25% loss of SunOptions if cancelled 59-30 days prior to arrival date; 50% loss of Sunoptions if cancelled 29-14 days prior to arrival date; and 100% loss of SunOptions if cancelled 13-0 days prior to arrival date.

TRAVEL(DESTINATIONS)
Sunterra makes no assurances of the level of risk or safety involved in traveling to any destinations made available on this website and is not liable for any damages or harm that may result from travel to any destination. Sunterra advises You to view the travel warnings and advisories issued by the United States Government prior to booking travel to international destinations: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

LINKED(WEBSITES)
THE Club® Select website contains links to websites operated by parties other than the Sunterra. Those links are provided to You for Your reference and convenience only. Sunterra does not own or control the content of those websites and is not responsible for their content or Your use of them.

CONSENT TO ELECTRONIC COMMUNICATIONS
You hereby consent to receive communications from Sunterra in electronic form (i.e. via e-mail). You agree that all notices, disclosures, agreements and other communications that Sunterra provides to You electronically satisfies any requirement that communications be in writing.

CONSENT TO ARBITRATION
You hereby agree that any dispute arising from or relating to the use of this website or resort reservations made through this website may be resolved only through binding arbitration between You and Sunterra under the commercial rules of the American Arbitration Association. This arbitration shall be conducted in Clark County, Nevada, USA before neutral arbitrators.

GOVERNING(LAW)
By using this website You agree that the laws of the State of Nevada will govern this agreement and any dispute that arises between You and Sunterra. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.

SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.

ATTORNEY'S FEES
If Sunterra takes any action to enforce this agreement, Sunterra will be entitled to recover reasonable attorney's fees and the cost of litigation, as well as any other relief to which Sunterra may be entitled.

ASSIGNMENT
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.

EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND. SUNTERRA HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY SUNTERRA WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL SUNTERRA, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY SUNTERRA OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SUNTERRA, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES. IN THE EVENT SUNTERRA IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

INDEMNIFICATION
You hereby agree to indemnify and hold Sunterra and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Sunterra’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

COPYRIGHT(NOTICE)
This website, including each of its modules, is the copyrighted property of Sunterra and/or its various third party providers and distributors. This website and the content provided on this website may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Sunterra. Unauthorized use of this website and/or the materials contained on this website may violate intellectual property laws and other applicable laws.

TRADEMARK(NOTICE)
The trademarks, service marks, logos and trade dress displayed on this website (collectively 'Trademarks') are registered Trademarks of Sunterra, and its affiliates. Any reproduction or use of any of the Trademarks on this website without written consent of Sunterra is prohibited.