VACAYOU VOYAGER CLUB

TERMS & CONDITIONS

These terms of use are entered into by and between You, as the purchaser of a membership subscription, and WWSG Travel, Inc. dba Vacayou, a Delaware corporation (”Company” “Vacayou” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms & Conditions”), govern your access to and participation in the Company’s “Voyager Club” membership program, including any content, functionality, and services offered on or through www.vacayou.com (the “Website”) and any linked pages for member-access only (“Membership Dashboard”).

1. GENERAL TERMS & CONDITIONS

A. Eligibility Requirements. Your membership in the Voyager Club is subject to eligibility requirements, including that the purchaser must be at least 21 years of age at time of purchase.

B. Payment. The initiation of your Membership requires an immediate payment, of the full amount stated prior to purchase, which makes you a Member of Voyager Club (“Membership”) for twelve (12) months from the day of purchase (“Annual Subscription”). There is no enrollment fee. Your Annual Subscription will automatically renew and be automatically charged to your credit card or other payment system on file with the Company. All Membership payments are non-refundable, and your membership is year-to-year. You may cancel your Membership at any time via email to our Concierge Team, however no monies will be reimbursed either partially or in full. If you terminate your Membership prior to the end of your Annual Subscription and subsequently wish to re-enroll prior to the date that would have been the end of your Annual Subscription, your re-enrollment will require a $49 re-enrollment fee, which is non-refundable, and your Membership will resume as if uninterrupted and your Membership will still expire on the original end date (12 months after original date of purchase).

C. Benefits. Membership benefits (“Benefits”) and the rules that govern those Benefits are listed on the Membership Dashboard which is accessible once logged in and are subject to change or cancellation at any time. Cancellation of your Membership will cease your access to your Membership Dashboard and suspend all Benefits. Membership Benefits and offerings are subject to change or cancellation at any time.

D. Additional Terms. By signing up for a Membership You agree to abide by and follow “All Terms”, which includes: these Terms & Conditions, the Company’s Privacy Policy, the Company’s Terms of Use, and the terms and conditions that govern each individual reservation (including but not limited to travel packages, room nights, tours, bookings and similar offerings provided by Company or any other supplier or service (“Package”)). If there is any conflict between the Terms & Conditions then the following order will take precedence over each one listed after: Terms of Use, Privacy Policy, these Terms & Conditions, and Package Terms & Conditions. All Terms & Conditions are subject to change or cancellation at any time.

E. Non-transferrable. Benefits are not transferrable to any other party or Membership holder. Unused or unclaimed Benefits do not carry over to a new Membership annual subscription period upon renewal.

F. Content Ownership. Your Membership does not give you rights or ownership to “Content”, including but not limited to Package, Benefits or any word, picture, video or piece of content within the Membership Dashboard. Your Membership does not give you any license for you to use Content for any purpose other than stated in the Membership Dashboard. Any such use by you of Content that violates these or other Terms & Conditions, infringes on a copyright owner, or in any way damages Company or its 3rd party partners listed in the Membership Dashboard is considered a breach of these Terms & Conditions and may result in actions against you (see 3. BREACH).

2. BENEFIT RULES

A. Welcome Gift. One gift per Membership. This will be sent to your address on file. Any shipping notices will be sent to your e-mail address on file. If the welcome gift Benefit is not successfully received then Company may, but is not required to, at its sole discretion, send up to one (1) additional welcome gift in its place. No further welcome gifts will be sent beyond that 1 replacement gift. Company does not guarantee any minimum value to the welcome gift. There is no cash value for this welcome gift Benefit.

B. Net Rate and/or Wholesale Packages, Rates and Prices. YOU AGREE TO BE PART OF A PRIVATE CLOSED USER GROUP AND THUS YOU WILL NOT PUBLISH OR MAKE PUBLIC IN ANY WAY, SHAPE OR FORM VIA ANY CHANNEL, MEDIUM, OUTLET, DISTRIBUTION SERVICE, MESSAGE BOARD, SOCIAL MEDIA PLATFORM, BROADCAST, PUBLICATION, STATION, FEED, WEBSITE, APP, FAX SERVICE, TEXT SERVICE, EMAIL LIST OR ANY OTHER COMMUNICATION METHOD THE PRICE OR RATE OF ANY “PACKAGE” LISTED IN THE “MEMBERSHIP DASHBOARD”, PROVIDED VIA “COMPANY” OR ANY 3RD PARTY SUPPLIER, OR FOUND ON 3RD PARTY SUPPLIER PLATFORM WHICH WAS ACCESSED THROUGH THE “MEMBERSHIP DASHBOARD” (“PRIVATE RATE POLICY”).

Any violation of the Private Rate Policy will constitute a breach of these Terms & Conditions and may result in actions against you (see Section 3).

C. Wellness Videos. Videos which are provided by Basedrive LLC dba Three Sages are ©Basedrive LLC dba Three Sages and are provided and reprinted with permission.

D. Wellness This Wee. Membership Dashboard may contain links to web sites controlled or offered by third parties (non-affiliates of Company). The links are only provided as a convenience and Company does not endorse or recommend any products or services offered by or information contained in any of these third-party sites. Company hereby disclaims all liability for all information, materials, products or services posted, offered or that may be accessed at any of the third-party sites linked to on the Membership Dashboard. Company makes no representation regarding the quality of any product or service contained at any such third-party site. Furthermore, Company hereby disclaims all liability for any failure of products or services offered or advertised at those third-party sites

E. Perks. Offers and companies listed in the Perks section of the Membership Dashboard may change or be cancelled at any time. You agree to abide by the Terms & Conditions for any and all Perks listed in the Perks section of the Membership Dashboard.

F. Events. Company may list and promote Events solely for Members. You agree to abide by the Terms & Conditions for any Event.

G Founders Club. You may qualify for a promotional offer to join the Membership which may include a reduced price, additional months or other extra benefits which will be listed on Vacayou.com and/or the Membership Dashboard (“Founders Club Offer”). The Founders Club Offer may or may not be carried over to future annual subscriptions. The Founders Club Offer may change or be cancelled at any time.

H. Other. Other sections, benefits or areas of the Membership Dashboard may appear at any time and will be enforced by these Terms & Conditions.

3. BREACH

A breach of these Terms & Conditions may inflict damage to Company which you will be responsible for, including compensatory and punitive damages and legal fees; penalties could include, but not be limited to:

a. immediate cancellation of your Membership,

b. cancellation of any or all of your bookings without refund or compensation,

c. your immediate and full obligation to pay any penalties and damages, compensatory or punitive, incurred by Company because of your violation of the Private Rate Policy,

d. legal action against you for both compensatory and punitive damages,

e. any other measure deemed appropriate by Company or 3rd party Supplier who has been damaged by your violation of the Private Rate Policy.

f. your obligation to provide full reimbursement of Company’s litigation or arbitration expenses, including attorneys’ fees, defense costs, witness fees and other related expenses including paralegal fees, travel and lodging expenses and court costs.

4. GOVERNING LAW; ARBITRATION

A. Governing Law. All matters relating to these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of Hillsborough although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

B. Arbitration. ‌‌

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms & Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law, except that either party may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The arbitrator must follow and enforce these Terms & Conditions. Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules, except as provided in this section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.

5. DISCLAIMER OF WARRANTIES

You expressly agree that the use of our products and services, software and the Internet are at your sole risk and are provided “as-is” and “as available” for your use, on a commercially reasonable basis, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Your sole and exclusive remedy for any dispute with us is the cancellation of your Membership per the Terms listed above. In no case will we be liable for consequential or incidental damages arising from your use of any of our products or services, the Internet, or for any other claim related in any way to your use of your Membership. All warranties, express or implied, related to travel products provided by a third party supplier are the responsibility of the third party supplier.

6. SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.7. GENERAL

7. NOTICES

A. To You. We may provide any notice to you under these Terms & Conditions by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.

B. To Us. To give us notice under these Terms & Conditions, you must contact us as follows: (i) by email to notices@vacayou.com or (ii) by personal delivery, overnight courier, or registered or certified mail to WWSG Travel, Inc. dba Vacayou, 802 E. Whiting St., Tampa, FL 33602. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

C. Customer Support. We provide access to customer support. This service is available to make changes to current reservations, cancellations and support in emergency situations. We will do our very best to ensure your experience is positive however we are not responsible for the customer service experience directly, outcomes or terms and conditions implied by the supplier’s rules and regulations.

Customer Support Email Address: support@vacayou.com