ForeverVacation Terms of Use

UPDATED: April 25, 2023

Welcome to our website www.ForeverVacation.com (collectively “website”), owned and operated by Forever Vacation, LLC, a Wyoming Limited Liability Company and/or our affiliates, parent company, and subsidiaries (“ForeverVacation”, “we”, “us”, and “our”). This Website is provided to assist customers in gathering travel excursion information and searching for and booking reservations for tours and for no other purposes.

We may refer to anyone using, registering, visiting, or taking advantage of any of the features, functions, offers, or links made available, on or through our Website, as “you” or “your.” This Website and the Tours made available on this Website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below in this Terms of Use Agreement and as set forth in our Terms and Conditions and Privacy Policy. By accessing or using this website in any manner, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, and all the terms, conditions, disclaimers, and limitations that appear or are made available to you on our site, (for example, in connection with special offers, or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us.

If you do not accept all of the terms contained in our Terms of Use and Terms and Conditions, please do not use this Website or book a tour with us. In all booking arrangements, the person making the booking shall be deemed to have accepted the collective Agreement on behalf of all persons named in the booking.

Acceptance of and Changes to Terms of Use

By using our Website and services, you accept the Agreement, including, without limitation, all the terms and conditions in these Terms of Use. If you do not agree completely with any terms, conditions, disclaimers, limitations, or other provisions in your Agreement with us, your only remedy is to discontinue use of our Website. We reserve the right to modify our Agreement with you at any time. Your continued use of any portion of our Website following the effective date contained in the notification or the posting of such changes on our Website, if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement. If you book a tour with us, we will notify you of any material changes to these terms or our Terms and Conditions by either sending a notice to the email address you provide us with at registration, or by placing a notice on our website. Be sure to return periodically to review the most current version of the Agreement.

If you have any questions or concerns about specific terms, please send an email to: ___________________________.

Use of the Website

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a ForeverVacation account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. ForeverVacation does not knowingly collect the information of anyone under the age of 13.

Your use of this Website is intended for personal, noncommercial use and/or to make legitimate requests to book the tours offered. You agree not to use this Website to make any speculative, false or fraudulent requests.

You further represent and warrant that you (a) have not previously been suspended by ForeverVacation or otherwise banned from using the Website; (b) are not a direct competitor of ForeverVacation; (c) you will not have more than one ForeverVacation account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services and tours that we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. ForeverVacation does not endorse such content and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. Any other use of ForeverVacation.com content requires the prior written permission of ForeverVacation (if you're interested in becoming a ForeverVacation affiliate, please see our Affiliate link in the bottom footer of our website.)

Additionally, you agree that you will not and will not assist or enable others to:

(i) use this Website or its contents for any commercial or unlawful purpose; (ii) access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or make excessive traffic demands on the Website; (v) deep-link to any portion of this Website for any purpose without our express written permission; (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ForeverVacation in connection with the Website; (viii) use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website; (ix) use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; (xi) use the Website to promote bigotry or discrimination against protected classes; use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (xii) use the Website to submit or transmit pornography or illegal content and/or use the site to solicit personal information from minors or to harm or threaten to cause harm to minors; (xiii) attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); (xiv) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xv) use the Website to violate the security of any computer network, crack passwords or security encryption codes; (xvi) disrupt or interfere with the security of, or otherwise cause harm to, the Website; (xvii) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website; and/or (xvii) exceed authorized access, tamper with, or misuse areas of the Website or ForeverVacation computer systems, resources, programming code or communications capabilities, or any features or functions of our Website. Anyone who violates this section of the Agreement may be subject to prosecution.

User Accounts

You may need to create an account and provide information about yourself in order to use some of the features on the Website. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

We reserve the right to close your account at any time and for any or no reason.

We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.

You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the Website. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.

AS A USER OF THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER FOREVERVACATION NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH FOREVERVACATION AND OTHER USERS.

Electronic Communications

When you use the ForeverVacation Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from e-mail communications at any time by emailing team@forevervacation.com.

Links to Third Party Sites & Third-Party Content

This Website may contain hyperlinks to websites operated by parties other than ForeverVacation. Such hyperlinks are provided for your reference only and do not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases, you may be asked by a third-party site to link your profile on ForeverVacation to a profile on another third-party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site) at any time. You acknowledge and agree that we are not responsible or liable for (1) availability or accuracy; or (2) content, advertising, or products made available on any third-party site.

Any opinions, advice, statements, services, offers, events, or other information or content expressed or made available on our Website by any third parties (including information provided by users) are those of the respective author(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information, or statement made by anyone other than our employees who are authorized by us when acting in his or her official capacity.

Parental Control Protections

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are Bark, CyberPatrol, NetNanny, FamilyShield, Norton Family, and GuardOne. We do not sponsor or endorse or control any of these companies or their services.

Software Available on this Website

Unless otherwise specified, the Website is made available solely to provide information regarding and to promote ForeverVacation’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by ForeverVacation from its offices in the State of Wyoming in the United States. ForeverVacation makes no representation that materials on the Website are appropriate or available for use outside of the United States. Those who choose to access the Website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any software that is made available to download from the Website ("Software") is the copyrighted work of ForeverVacation, or ForeverVacation affiliates, or other third-party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by ForeverVacation and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Copyright and Trademark Notices

All text, graphics, logos, icons, images, audio clips, video clips and software on the Website (“Content”) are copyrighted materials owned by or licensed to us or used with proper image credit to the appropriate owner. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned by us or by third parties and the term Content will be used and mean to include these as well. Unless authorized in writing by ForeverVacation, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserve all such rights.

Notices

“Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.

Please print and retain a copy for your records. If you do not have a printer, you can save this document as a pdf and retain it electronically.

System Requirements and Access to Information.

To receive and view an electronic copy of the Communications you must have the following equipment and software:

A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
An Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

System Requirements to Retain Information

To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®.

Withdrawal of Electronic Acceptance of Disclosures and Notices

You can also contact us in any of the ways described in the paragraph entitled “Paper Delivery of Disclosures and Notices” to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.

Termination/ Changes

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law and the current version of these Terms of Use will list the effective date at the top for your convenience.

Disclaimer of Warranties

Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, content or information. We cannot and do not warrant your use of our site, or the operation or function of our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.

Your use of our site is solely and fully at your own risk, and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the site. OUR SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and manufacturers who fulfill your orders, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Website, this Agreement, the use or performance of our Website, the delay or inability to use our Website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.

If you are dissatisfied with any portion of our Website, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Website. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.

Indemnity

You agree to defend and hold ForeverVacation, its affiliates, employees, officers, directors and agents (collectively “ForeverVacation and Affiliates”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses including attorneys’ fees that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any ForeverVacation, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on or to the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) ForeverVacation and Affiliate’s use of the information that you submit to us (all of the foregoing, Claims and Losses). You will cooperate as fully required by Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, ForeverVacation and Affiliates retain the exclusive right to settle, compromise and pay any and all Claims and Losses. ForeverVacation and Affiliates reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of ForeverVacation.

Privacy Policy

Your use of our Website is also subject to our Privacy Policy. After you place an order using our Website, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We shall not be liable for any information you enter into any affiliate or third-party site for payment processing, and you shall be subject to their Terms of Use and any other Terms and Conditions through accessing their website. We reserve the right to reject any order you place with us or through any third-party site, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. We will process a refund if the charge has been made against your debit or credit card after we’ve rejected your booking.

Tour Booking Acceptance/Confirmation

Your receipt of an electronic or other form of confirmation will signify our acceptance of your order.

Errors on Our Website

Prices and availability of tours and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for tours and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Mobile and Mobile Apps

ForeverVacation may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as we have no control, and are not responsible for such charges. You agree that for the functions or services which are part of your registration with ForeverVacation, We may send communications to your mobile device regarding the functions or services you have registered to be able to use on ForeverVacation. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.

Force Majeure

We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.

General Provisions

You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on our sites, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Use, along with our Terms and Conditions and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Use and our Agreement with you are personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission will be void ab initio. These Terms of Use will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision.

Class Action Waiver

ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.

Service Help

For answers to your question or ways to contact us, visit our “About Us” section on our Website, or you can email us at: team@forevervacation.com