Trooval.com Agreement
Trooval.com, Inc. (“Trooval.com”, “we”, “us” or “our”) is a service operated by Trooval.com that allows a registered member to create a unique personal profile online in order to trade time listening to offers, incentives, vacation packages and timeshare opportunities of participating project developers, timeshare companies, vacation resorts or other properties (“Resorts”) in return for certain benefits made available by the Resorts and to provide information about personal preferences in order to receive customized opportunities from the Resorts (“Trooval.com Website”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE TROOVAL.COM WEBSITE AND SERVICE, AS APPLICABLE, PROVIDED TO YOU BY TROOVAL.COM.
BY BEING A VISITOR TO THE PORTION OF THE TROOVAL.COM WEBSITE THAT IS OFFERED OUTSIDE OF THE SERVICE (“VISITOR” or “you”), YOU AGREE TO BE BOUND BY THE “WEBSITE TERMS”, WHICH INCLUDE TERMS APPLICABLE TO ALL VISITORS OF THE TROOVAL.COM WEBSITE, INCLUDING THE “PRIVACY POLICY” AND COPYRIGHT POLICY.
IF YOU CHOOSE TO REGISTER AS A MEMBER (“MEMBER” or “you”) OF THE SERVICE, YOU WILL BE ASKED TO CHECK A BOX TO INDICATE THAT YOU HAVE ALSO READ AND AGREE TO BE BOUND BY THE “SERVICE TERMS” IN ADDITION TO THE WEBSITE TERMS AND ANY OTHER TERMS AND CONDITIONS ON THE TROOVAL.COM WEBSITE (TOGETHER, THE “WEBSITE TERMS”, “SERVICE TERMS”, TROOVAL.COM POLICIES (INCLUDING THE “PRIVACY POLICY” AND “COPYRIGHT POLICY”) AND ANY OTHER TERMS AND CONDITIONS ON THE TROOVAL.COM WEBSITE SHALL BE REFERRED TO AS THE “TROOVAL.COM AGREEMENT”).
INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS TROOVAL.COM AGREEMENT BY CLICKING “I AGREE” BELOW AND FOLLOWING THE OTHER INSTRUCTIONS IN THE REGISTRATION PROCESS.
This Trooval.com Agreement sets out the legally binding terms for use of the Trooval.com Website and, if you are a Member, Membership in the Service. Trooval.com may modify this Trooval.com Agreement (or any part thereof) from time to time and such modification shall be effective upon posting of such change by Trooval.com on the Trooval.com Website.
If you are a Visitor to the Trooval.com Website, under the terms of this Trooval.com Agreement, you agree to be bound to any changes to this Trooval.com Agreement that are applicable to you when you use the Trooval.com Website after such modification is posted on the Trooval.com Website.
If you are a Member of the Service, under the terms of this Trooval.com Agreement, you agree to be bound to any changes to this Trooval.com Agreement when you use the Service after such modification is posted on the Trooval.com Website; however, for any “material” change, such “material” change shall become effective if: (i) Trooval.com sends to you an e-mail or posts information on the Trooval.com Website notifying you of such “material” change and the date that such new Trooval.com Agreement will be posted on the Trooval.com Website (“Effective Date”) and you then continue to use the Service after the Effective Date; or (ii) Trooval.com asks you to agree to the new Trooval.com Agreement with the change prior to the commencement of a new month of Service and you agree to the same. If you do not agree to the “material” change, you may notify Trooval.com under subsection (i) above or not click “I do not agree” to the new Trooval.com Agreement with the change under subsection (ii), as applicable, and Trooval.com will discontinue your Membership in the Service.
Trooval.com Website Terms
Operator.
The Trooval.com Website and Service is operated by Trooval.com, Inc. Trooval.com is also referred to in these terms as “we” or “us”.
Purpose of the Service.
Trooval.com operates a service without charge that allows registered members to create unique personal profiles online in order to trade time listening to the offers, incentives, vacation packages and timeshare opportunities of participating Resorts in return for certain benefits made available by the Resorts and to provide information about personal preferences in order to receive customized opportunities from the Resorts. THERE IS NO SEPARATE CHARGE TO YOU FOR REGISTERING AS A MEMBER AND PARTICIPATING IN THE SERVICE, AND THE ONLY COST INCURRED BY YOU IS THE COST VALUE OF YOUR TIME.
PLEASE NOTE THAT TROOVAL.COM DOES NOT HAVE ANY EQUITY INTEREST IN ANY OF THE PARTICIPATING RESORTS, but receives a service fee from participating Resorts in order to provide participating Resorts with information about you as a sales “lead” for the participating Resort. WHILE TROOVAL.COM ATTEMPTS TO VERIFY THAT THE OFFERS AND INCENTIVES PROVIDED BY PARTICIPATING RESORTS ARE AS DESCRIBED BY THE PARTICIPATING RESORTS AND HAS A POLICY OF DISCONTINUING THE ABILITY OF A PARTICIPATING RESORT TO PROVIDE INFORMATION ABOUT OFFERS AND INCENTIVES THROUGH THE SERVICE IF WE LEARN THAT A PARTICIPATING RESORT IS NOT HONORING OFFERS AND INCENTIVES AS DESCRIBED IN THE SERVICE, TROOVAL.COM IS A FREE SERVICE FOR YOU INTENDED ONLY TO PROVIDE YOU WITH A MEANS OF LEARNING ABOUT OFFERS AND INCENTIVES AND YOU ACKNOWLEDGE AND AGREE THAT, IF YOU REGISTER FOR THE SERVICE, IT IS YOUR RESPONSIBILITY TO SEPARATELY REVIEW ANY OFFERS OR INCENTIVES AND THEIR SPECIFIC TERMS AND CONDITIONS AS LISTED ON EACH RESORT WEB PAGE AND IN CONNECTION WITH THE PARTICIPATING RESORT, AND TO REQUEST ADDITIONAL INFORMATION FROM, AND PERFORM YOUR OWN DUE DILIGENCE ON, THE PARTICIPATING RESORTS AND THE OFFERS AND INCENTIVES MADE BY THEM BEFORE MAKING A FINAL DECISION TO ACCEPT ANY SUCH OFFERS OR INCENTIVES FROM THE PARTICIPATING RESORTS.
Another value that the Trooval.com Service provides to participating Resorts is information about you so that the participating Resorts have the opportunity to acquire direct leads for their offers, incentives and materials. Please review our Privacy Policy for a description of how Trooval.com uses the “Member Information” that you provide to it, including how Trooval.com shares this “Member Information” with participating Resorts.
Availability.
Trooval.com uses reasonable efforts to make the Trooval.com Website and Service available 24 hours a day and seven days a week; however, there will be instances when the Trooval.com Website or Service will be interrupted for maintenance, upgrades or emergency repairs and due to other reasons that are beyond the control of Trooval.com, including failure of telecommunications lines, links and equipment. While Trooval.com will make every reasonable effort in order to minimize such issues where it is within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, you agree that Trooval.com will not in any way be liable or responsible to you for any such modification, suspension or disruption of the Trooval.com Website or Service.
Conduct.
You agree that you shall not (i) interfere or disrupt (or attempt to interfere or disrupt) the Trooval.com Website or the Service or servers or networks hosting or connected to the Trooval.com Website or Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Trooval.com Website or Service; (ii) provide any information to Trooval.com that is false or misleading or results in a false or fraudulent reservation, that attempts to hide your identity or that you do not have a right to disclose; (iii) attempt to resell the Trooval.com Website or the Service or any portion of the same; or (iv) create a link to, or otherwise link over from your website or web page, to this Trooval.com Website.
Trademarks.
The name “Trooval.com” and the “Trooval.com” logo are trademarks of Trooval.com in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use Trooval.com’s name, logos, trademarks or other intellectual property displayed on this Trooval.com Website except as expressly provided herein or by obtaining the written permission of Trooval.com or such other third party owner, as applicable. You acknowledge that Trooval.com will aggressively enforce its intellectual property rights with respect to its trademarks to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Proprietary Rights in Content on Trooval.com.
Trooval.com owns and retains all proprietary rights in the Trooval.com Website and the Service. The Trooval.com Website contains copyrighted material, trademarks and other proprietary content and information of Trooval.com and its licensors (such materials and content includes, but is not limited to, the design, layout, artwork and other elements of the Trooval.com Website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this Trooval.com Website (“Trooval.com Content”) and is protected by copyright and other intellectual property laws, international treaties and other intellectual property rights. You may view, download, print, and copy the Trooval.com Content on this Trooval.com Website for your own personal, informational, non-commercial use, provided that (i) you do not modify the Trooval.com Content, (ii) any copies that you may make must be marked “Copyright Trooval.com. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the Trooval.com Content on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this Trooval.com Website, including any Trooval.com Content, for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this Trooval.com Website or any materials contained on this Trooval.com Website, including any Trooval.com Content, except as expressly provided herein. Except for that information for which you have been given written permission or for which you have been provided specific rights as specified in the Trooval.com Agreement, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Trooval.com Content. You acknowledge that Trooval.com will aggressively enforce its intellectual property rights with respect to its Trooval.com Content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Non Commercial Use by Visitors and “Members”.
The Trooval.com Website is solely for the personal use of Visitors in the Visitor only areas and the personal use of Members in the registered member only areas, and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by the management of Trooval.com. Illegal and/or unauthorized use of the Trooval.com Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Trooval.com Website is prohibited and will be investigated. Appropriate legal action will be taken by Trooval.com for any illegal or unauthorized use of the Trooval.com Website.
Third-Party Links.
This Trooval.com Website may from time to time provide links that will take you to other third-party websites, including websites owned and operated by participating Resorts. Any such links are provided solely as a convenience to Visitors or Members. Trooval.com has no control over these websites or their content and does not assume any responsibility or liability for these websites or their content. Trooval.com does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Trooval.com Website, you do so at your own risk and you agree that Trooval.com shall not be liable for any loss or damage that you may suffer by using any of these other websites or any of the opportunities offered by participating Resorts.
Third-Party Materials on the Trooval.com Website.
This Trooval.com Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to our Visitors and Members. Trooval.com has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of these third-party materials or any third-party products or services referenced in these materials, you do so at your own risk. In no event shall Trooval.com be liable for any loss, claim, damages, or costs that may arise in connection with your use of these third-party materials.
Inaccurate Material on the Trooval.com Website.
A possibility exists that the Trooval.com Website or any Trooval.com Content could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Trooval.com Website or any Trooval.com Content by unauthorized third-parties. Although Trooval.com attempts to ensure the integrity of the Trooval.com Website and any Trooval.com Content on it, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Trooval.com Website or any of the Trooval.com Content on the Trooval.com Website. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
Privacy.
Please review the Trooval.com “Privacy Policy”. The terms of the Privacy Policy are incorporated into, and considered part of, these Website Terms.
Copyright Policy.
If you believe that Trooval.com has acted in violation of your copyright rights, please contact us pursuant to the terms of our “Copyright Policy”, the terms of which are incorporated into, and considered part of, these Website Terms.
International Use.
Trooval.com makes no representation that the Trooval.com Website or Service will be available or appropriate for use in locations outside of the United States. Those who choose to access the Trooval.com Website or Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. Trooval.com Visitors and Members are responsible for compliance with all United States export laws and regulations when such Visitor or Member exports any products, services, content or materials provided through the Trooval.com Website or Service.
Specific offers, incentives or other materials made available on the Trooval.com Website or through the Service by Resorts are not intended to be distributed or to constitute an offer in any state or country where the applicable participating Resort, has not registered to sell property, if so required.
Governing Law and Jurisdiction.
These Website Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Trooval.com Agreement or your use of the Trooval.com Website and Service shall be filed only in the state courts located in Clark County in the State of Nevada or the federal courts located in the city of Las Vegas in the State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Trooval.com Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Trooval.com Website Warranty Disclaimer.
THIS TROOVAL.COM WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, TROOVAL.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE TROOVAL.COM WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE TROOVAL.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE TROOVAL.COM WEBSITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY TROOVAL CONTENT.
Trooval.com Website Use Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM, OR ARISING OUT OF, (I) THE USE OR INABILITY TO USE THE PORTION OF THE TROOVAL.COM WEBSITE OFFERED OUTSIDE OF THE SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE TROOVAL.COM WEBSITE OFFERED OUTSIDE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE TROOVAL.COM WEBSITE OFFERED OUTSIDE OF THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE TROOVAL.COM WEBSITE OR INFORMATION PROVIDED THROUGH THE TROOVAL.COM WEBSITE, EVEN IF TROOVAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU. IN THIS RESPECT, THE MAXIMUM LIABILITY FOR DAMAGES OF TROOVAL.COM FOR ANY CLAIM ARISING FROM YOUR USE OF THE TROOVAL.COM WEBSITE OUTSIDE OF THE SERVICE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
Trooval.com Service Terms.
1. Eligibility.
Membership in the Service is void where prohibited. By registering for an account with the Service (a “Membership Account”) and using the Trooval.com Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
To purchase from or register as a member of the Service, you must be 18 years of age or older. In this respect, you represent and warrant that you are 18 years of age or older and that your use of the Trooval.com Website and Service shall not violate any applicable law or regulation. If we learn that you are misrepresenting your age, your profile may be deleted without warning.
2. Registration.
You agree that the information that you provide to us on registration with the Service and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. In particular, you must keep your e-mail address up to date in that this is the primary means in which we will communicate with you about your Membership Account and your orders.
3. Password and Membership Account.
When you register as a Member, you will be asked to provide a password. Since you will be responsible for all of the activities that occur with respect to your Membership Account, we ask that you keep your password confidential. Your membership is solely for your personal use, and you shall not authorize others to use your Membership Account, including your profile or email address. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT PUBLISHED OR DISPLAYED THROUGH YOUR MEMBERSHIP ACCOUNT, INCLUDING ANY E-MAIL MESSAGES, AND FOR YOUR INTERACTIONS WITH TROOVAL.COM. YOU ARE ALSO SOLELY RESPONSIBLE FOR ANY OFFERS OR INCENTIVES ACCEPTED FROM RESORTS THROUGH YOUR MEMBERSHIP ACCOUNT. You must notify Trooval.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
In this respect, you shall not disclose your password to any third party or permit any third party to access your Membership Account. You may not sell or otherwise transfer your profile for your Membership Account.
You may not use the account, username, or password of any other Member at any time or attempt to impersonate (i) another Visitor to the Trooval.com Website, (ii) any person who is not a Member or (iii) any Member.
Trooval.com reserves the right to cancel the Service or to discontinue free Membership Accounts that have been inactive for more than three-hundred and sixty five (365) days.
4. Agreement Term.
As soon as you register and accept the terms of the Trooval Agreement, you become a Member of the Service. This Trooval.com Agreement shall remain in full force and effect while you use the Trooval.com Website, the Service, and/or are a Member. You agree that Trooval.com may at any time without notice: (i) move, change or suspend any part of the Service; (ii) terminate your Membership Account or deny you with access to your Membership Account; or (iii) deny to you any offers or incentives available through the Service for any reason, including your failure to comply with this Trooval.com Agreement or a competent regulatory authority requires us to do so. You may terminate your membership at any time.
If Trooval.com terminates your Membership Account, such termination shall be effective upon Trooval.com sending notice to you at the email address you provide during registration for your Membership Account or other email address as you may subsequently provide to Trooval.com.
5. Offers and Incentives.
SEPARATE TERMS AND CONDITIONS WILL APPLY TO YOUR RESERVATIONS FOR OFFERS AND INCENTIVES THAT YOU SELECT. IN THIS RESPECT, ALL OFFERS AND INCENTIVES ARE SUBJECT TO THE SPECIFIC TERMS AND CONDITIONS AS LISTED ON EACH RESORT WEBSITE AND IN CONNECTION WITH THE PARTICIPATING RESORT. TROOVAL.COM RESERVES THE RIGHT AT ANY TIME TO WITHDRAW ANY OFFER OR INCENTIVE MADE AVAILABLE THROUGH TROOVAL.COM. EACH OFFER AND INCENTIVE IS VOID WHERE PROHIBITED BY LAW.
WHILE TROOVAL.COM ATTEMPTS TO VERIFY THAT THE OFFERS AND INCENTIVES PROVIDED BY PARTICIPATING RESORTS ARE AS DESCRIBED BY THE PARTICIPATING RESORTS AND HAS A POLICY OF DISCONTINUING THE ABILITY OF A PARTICIPATING RESORT TO PROVIDE INFORMATION ABOUT OFFERS AND INCENTIVES THROUGH THE SERVICE IF WE LEARN THAT A PARTICIPATING RESORT IS NOT HONORING OFFERS AND INCENTIVES AS DESCRIBED IN THE SERVICE, TROOVAL.COM IS A FREE SERVICE FOR YOU INTENDED ONLY TO PROVIDE YOU WITH A MEANS OF LEARNING ABOUT OFFERS AND INCENTIVES AND YOU ACKNOWLEDGE AND AGREE THAT, IF YOU REGISTER FOR THE SERVICE, IT IS YOUR RESPONSIBILITY TO SEPARATELY REVIEW ANY OFFERS OR INCENTIVES AND THEIR SPECIFIC TERMS AND CONDITIONS AS LISTED ON EACH RESORT WEB PAGE AND IN CONNECTION WITH THE PARTICIPATING RESORT, AND TO REQUEST ADDITIONAL INFORMATION FROM, AND PERFORM YOUR OWN DUE DILIGENCE ON, THE PARTICIPATING RESORTS AND THE OFFERS AND INCENTIVES MADE BY THEM BEFORE MAKING A FINAL DECISION TO ACCEPT ANY SUCH OFFERS OR INCENTIVES FROM THE PARTICIPATING RESORTS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO TRAVEL WITH PROOF OF COFIRMATION FROM THE PARTICIPATING RESORT.
6. Applicable Laws.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
7. Articles Disclaimer.
This Trooval.com Website may from time to time post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from Trooval.com or official expressions of Trooval.com. Trooval.com does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although Trooval.com believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, Trooval.com cannot guarantee that such statements are reliable and accurate and Trooval.com accepts no fault or liability for any error or omission with respect to such articles.
8. Disclaimer of Warranty.
TROOVAL.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE TROOVAL.COM WEBSITE OR IN CONNECTION WITH THE SERVICE PROVIDED OR ANY OF THE OFFERS OR INCENTIVES MADE BY PARTICIPATING RESORTS, WHETHER CAUSED BY ANY OF THE PARTICIPATING RESORTS, BY ANY VISITORS OF THE TROOVAL.COM WEBSITE OR MEMBERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE.
WHILE TROOVAL.COM ATTEMPTS TO VERIFY THAT THE OFFERS AND INCENTIVES PROVIDED BY PARTICIPATING RESORTS ARE AS DESCRIBED BY THE PARTICIPATING RESORTS AND HAS A POLICY OF DISCONTINUING THE ABILITY OF A PARTICIPATING RESORT TO PROVIDE INFORMATION ABOUT OFFERS AND INCENTIVES THROUGH THE SERVICE IF WE LEARN THAT A PARTICIPATING RESORT IS NOT HONORING OFFERS AND INCENTIVES AS DESCRIBED IN THE SERVICE, TROOVAL.COM IS A FREE SERVICE FOR YOU INTENDED ONLY TO PROVIDE YOU WITH A MEANS OF LEARNING ABOUT OFFERS AND INCENTIVES AND YOU ACKNOWLEDGE AND AGREE THAT, IF YOU REGISTER FOR THE SERVICE, IT IS YOUR RESPONSIBILITY TO SEPARATELY REVIEW ANY OFFERS OR INCENTIVES AND THEIR SPECIFIC TERMS AND CONDITIONS AS LISTED ON EACH RESORT WEB PAGE AND IN CONNECTION WITH THE PARTICIPATING RESORT, AND TO REQUEST ADDITIONAL INFORMATION FROM, AND PERFORM YOUR OWN DUE DILIGENCE ON, THE PARTICIPATING RESORTS AND THE OFFERS AND INCENTIVES MADE BY THEM BEFORE MAKING A FINAL DECISION TO ACCEPT ANY SUCH OFFERS OR INCENTIVES FROM THE PARTICIPATING RESORTS.
TROOVAL.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF OR FOR: (I) YOUR USE OF THE SERVICE, INCLUDING DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, ANY COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF THE TROOVAL.COM WEBSITE OR SERVICE; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO THE TROOVAL.COM WEBSITE OR SERVICE IN ANY MANNER BY TROOVAL.COM; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY OR OPERATION OF THE TROOVAL.COM WEBSITE OR SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, INCLUDING IN PARTICULAR, ANY OFFERS OR INCENTIVES THAT ARE PROVIDED BY PARTICIPATING RESORTS, THAT THE SERVICE IS MAKING AVAILABLE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Without limiting the foregoing, THE SERVICE, EVERYTHING ON THE TROOVAL.COM WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
9. Limitation on Liabilities.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL TROOVAL.COM HAVE ANY LIABILITY TO ANY MEMBER OR TROOVALER OR VISITOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND STRICT LIABILITY IN TORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM (I) THE USE OR INABILITY TO USE THE TROOVAL.COM WEBSITE OR SERVICE, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE TROOVAL.COM WEBSITE OR SERVICE, INCLUDING ANY OFFERS OR INCENTIVES REALIZED BY YOU THROUGH YOUR USE OF THE SERVICE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE TROOVAL.COM WEBSITE OR SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE TROOVAL.COM WEBSITE OR SERVICE OR ANY TROOVAL.COM CONTENT OR INFORMATION PROVIDED ON THE TROOVAL.COM WEBSITE OR SERVICE, EVEN IF TROOVAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, THE MAXIMUM LIABILITY OF TROOVAL.COM FOR DAMAGES FROM ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
10. Indemnity.
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold Trooval.com, its subsidiaries, affiliates, officers, agents, and other partners and employees and any third-party information or content providers to the Service, harmless from any loss, liability, claims, demands, damages and costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, made by any third party, including any Resort, due to or arising out of (i) your use or misuse of the Service by you or any other person using your Membership Account, including without limitation, any false or fraudulent reservation; (ii) any violation or breach of this Trooval.com Agreement; or (iii) any violation of any of the rights of any other third-party.
11. Choice of Law and Forum.
The Trooval.com Agreement, including these Service Terms, shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Trooval.com Agreement or your use of the Trooval.com Website and Service shall be filed only in the state courts located in Clark County in the State of Nevada or the federal courts located in the city of Las Vegas in the State of Nevada, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Trooval.com Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. Entire Agreement; Order of Precedence; Waiver; Severability.
Unless otherwise specified herein, the Trooval.com Agreement constitutes the entire agreement between you, a Member, and Trooval.com with respect to the Trooval.com Website and the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Trooval.com with regard to the Trooval.com Website and Service. To the extent of any conflict or ambiguity between the “Website Terms”, “Service Terms”, any Trooval.com Policies or any other terms and conditions as posted on the Trooval.com Website, the order of precedent for Members of the Service shall be: (i) the “Service Terms”, (ii) the “Website Terms”, (iii) the Troovaler.com policies and (iv) the other terms and conditions as posted on the Trooval.com Website, and each of the aforementioned parts of the Trooval.com Agreement shall govern in such order, but solely to the extent of any conflict or ambiguity. Trooval.com's failure to enforce any right or provision in this Trooval.com Agreement shall not constitute a waiver of such right or provision. If any part of this Trooval.com Agreement is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
13. Comments.
If you have any comments or questions about the Service, please contact us at support@trooval.com or by telephone at 866-639-6557.
14. Other.
This Trooval.com Agreement is accepted upon your use of the Trooval.com Website and is further affirmed by you becoming a Member of the Service. The section titles in this Trooval.com Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Trooval.com Agreement.
I HAVE READ THIS TROOVAL.COM AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
COPYRIGHT POLICY:
It is the policy of Trooval.com to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyright material where the copyright material is available at, or from, a system or network controlled or operated by or for Trooval.com.
I. Notification
If you are alleging that copyrighted material may have been or is being infringed (hereinafter, you are a “complaining party”), then you may notify Trooval.com pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the US Digital Millennium Copyright Act, 17 USC 512(c), by sending notice to the following Agent, who has been designated by Trooval.com to receive notifications of alleged copyright infringement:
General Counsel
Trooval.com, Inc.
2654 W. Horizon Ridge Pkwy.
Suite B5 #281
Henderson, NV 89052
Each notification of infringement must include the following:
1. a description of the allegedly infringed work in which copyright is claimed;
2. a description of the allegedly infringing material and information reasonably sufficient to permit Trooval.com to locate the material;
3. information sufficient for Trooval.com to contact you, including your name, address, telephone number and/or email address;
4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
6. a physical or electronic signature of the copyright owner or a person authorized to act on such owner’s behalf.
II. Response
In response to each notification of infringement containing the information specified under the heading “Notification” above, Trooval.com or its Agent shall:
1. promptly remove or disable access to the material that is deemed infringing;
2. promptly provide written notification to the alleged infringer; and
3. take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.
III. Counter Notification
Such alleged infringer may serve a Counter Notification on the designated Agent. Each Counter Notification must include the following:
1. identification of the material that has been removed or to which access has been disabled;
2. a statement, made under penalty of perjury, that the alleged infringer has a good-faith belief that the material was removed or disabled through mistake or misidentification;
3. the alleged infringer’s contact information, including name, address, telephone number, and a statement that the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which such address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Trooval.com may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification pursuant to the heading “Notification” above or an agent or such person.
4. a physical or electronic signature of the alleged infringer or a person authorized to act on the alleged infringer’s behalf.
IV. Response to Counter Notification
In response to each Counter Notification containing the information specified under the heading “Counter Notification” above, Trooval.com or its Agent shall:
1. promptly provide the complaining party with a copy of the Counter Notification;
2. inform the complaining party that it intends to replace the removed material or cease disabling access to it within ten (10) business days;
3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided that Trooval.com’s or its Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on Trooval.com’s system or network.
NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).
PRIVACY POLICY: [Date Last Posted – 02/21/10]
Introduction.
Trooval.com is defined as the network of websites and services that are owned and operated Trooval.com, Inc. and its subsidiaries and does not include the websites of any of Trooval.com’s participating Resorts. Unless otherwise noted on the Trooval.com Website, each site included within Trooval.com is governed by this Privacy Policy.
Our Privacy Policy below outlines the type of information we collect and receive from you while you are within the Trooval.com Website and using the Service, as well as ways in which we process and, sometimes, share such information and how you can correct or change such information. PLEASE REVIEW THIS PRIVACY POLICY AND THE TROOVAL.COM AGREEMENT CAREFULLY. YOUR USE OF THIS TROOVAL.COM WEBSITE AS A VISITOR TO THE TROOVAL.COM WEBSITE OR, IF APPLICABLE, YOUR REGISTRATION AS A “MEMBER” SIGNIFIES YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.
IF YOU WISH TO ACCEPT AN OFFER OR INCENTIVE MADE AVAILABLE BY A PARTICIPATING RESORT, ANY INFORMATION THAT YOU PROVIDE DIRECTLY TO A PARTICIPATING RESORT WILL BE GOVERNED BY THE TERMS AND CONDITIONS OF THAT PARTICIPATING RESORT’S OWN PRIVACY POLICY. PLEASE REFER TO THE PRIVACY POLICY OF THAT PARTICIPATING RESORT TO DETERMINE HOW THAT PARTICIPATING RESORT USES THE INFORMATION THAT YOU PROVIDE TO IT.
- How Trooval.com Collects “Member Information”
- “Personal Information” you provide to us
- “Web Activity Information” Trooval.com collects from the Trooval.com Website
- Other Information We Separately Collect
- Guidelines Regarding Children
- How Trooval.com Works and How Trooval.com Uses “Member Information” it Collects
- Disclosure of “Member Information” to Third Parties
- Trooval.com’s Opt-in/Opt-out Policy
- Third Party Advertising and Links to other Sites
- Access and Correction
- How we protect and secure your Personal Information
- Applicable Law
- Changes to this Privacy Policy
- Contact Information
- Effective Date
1. How Trooval.com Collects “Member Information”.
A. “Personal Information” you provide to us
“Personally Identifiable Information” is any information that can be used to identify a specific individual, such as your name, email address, home address, and phone number. Trooval.com asks you to provide such personal data in various places throughout Trooval.com.
In addition, we will ask that you provide Trooval.com with additional “Non-Public Personal Information” about you and/or your personal preferences, including, for example, marital status, household income, education and employment status, or how often you take vacations, where you like to go, how long you usually stay, how you prefer to travel, etc.
Some of these areas where the collection of such information takes place are listed below:
Member Registration:
In order to use many of Trooval.com's features, tools and services, we ask you to register to become a Member. During this member registration process, we will ask you for certain “Personal Information”, including both Personally Identifiable Information and Non-Public Personal Information.
By registering as a Member of the Trooval.com Service, you agree that Trooval.com may provide to you with information about offers and incentives of participating Resorts for you to review.
Surveys, Polls and Questionnaires:
Trooval.com may offer to you via e-mail online surveys and questionnaires that ask you for “Personal Information” such as your opinion on various issues and feedback on any offers or incentives that you have accepted, including any booked and completed vacation stays or any timeshare presentations that you’ve attended. Occasionally, we may request “Personal Information” such as demographic information (like zip code, age or gender) when you answer a survey. Such surveys are completely voluntary.
For the surveys regarding your vacation stays, you may be asked for “Personal Information” such as how you would rate your overall guest experience on a five-star system based upon multiple criteria, including resort features, quality of sales staff, ease of experience, likelihood of recommendation of a friend, why you have decided to stay again or not stay again, why you have decided to become a timeshare owner or not become a timeshare owner, and other potential metrics.
B. “Web Activity Information” gathered by Trooval.com and its third-party service providers
When you visit Trooval.com and interact with the services and tools that reside there, Trooval.com may collect information on your actions at the Trooval.com Website or “Web Activity Information”. In doing so, Trooval.com may utilize the services of certain third party service providers.
This type of “Web Activity Information” is generally collected from two sources. One is from the server log files and the other is from cookies.
Your IP address is a number that is assigned by your ISP (Internet Service Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer our website. We also sometimes use IP addresses to communicate with Members and possibly even ban those members who are not complying with our
Trooval.com Agreement.
Our site uses a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that a site's computer stores on your computer. Trooval.com can then read the cookies whenever you visit the Trooval.com Website. We use cookies to save your password so you don't have to re-enter it each time you visit our site, to deliver content specific to your interests, to track the pages you've visited and to make sure you don't see the same ads repeatedly. These cookies allow us to use the Web Activity Information we collect to customize your Trooval.com experience so that your visit to Trooval.com is as relevant and as valuable to you as possible.
You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies you may be unable to use that part of the Service that requires registration in order to participate or will have to sign in each time you visit Trooval.com.
Offers and incentives provided at the Trooval.com Website or through the Service are sent to you by us, but offered or made available by our participating Resorts. These advertisements might deliver a cookie to you so that the advertisements that you see can be tracked and Trooval.com can ensure that you are not shown the same advertisement too many times. Since Trooval.com only tags your computer with a number at the time that you are using the Service, there is no knowledge from the “cookie” about who you are.
If you would like more information about any of these practices and to know your choices about not having this information used by these companies, click here.
C. Other Information We Separately Collect:
From time to time, we will also purchase certain marketing data in order to verify your household information that you provide to us by zip code. We obtain this information so that we may better serve you with respect to offering to you information about the offers and incentives from the participating Resorts.
2. Guidelines Regarding Children.
Personal information about children is a concern for all of us. At Trooval.com, we take the protection of children's privacy very seriously. Trooval.com does not encourage participation or visitation by children. Visitors who are known to be under the age of 18 are prohibited from becoming a Member.
3. How Trooval.com Works and How Trooval.com uses the “Member Information” it collects.
Trooval.com uses the “Personal Information” and “Web Activity Information” you provide for several purposes, such as to communicate with you and to give you a better experience when visiting Trooval.com by personalizing tools, content, services and email messages. Trooval.com also uses this “Member Information” to build new services and develop offers that Trooval.com believes are more relevant and valuable to you.
More specifically, when you register with Trooval.com and provide us with Personal Information, including Personally Identifiable Information and Non-Public Personal Information, we provide you with information about offers and incentives that have been provided to us by our participating Resorts. You may select from these offers and incentives and inquire as to whether certain offers or incentive may be made available to you. Our participating Resorts receive Non-Public Personal Information about you from us in order to determine what offers or incentives are available to you. Once an offer or incentive is made available to you by a participating Resort, if you confirm that you would like the offer or incentive, Trooval.com will provide your name and e-mail address to the participating Resort that made it available. The participating Resort will then contact you directly and may request additional Personal Information, including your credit card information, from you in order for you to actually receive the offer or incentive.
In addition, the “Non-Public Personal Information” and “Web Activity Information” collected by Trooval.com is used to create aggregated portraits of the Trooval.com’s audience, portraits which present anonymous statistical demographic information, but no personal data or Personally Identifiable Information is linked to it. This aggregated information is used, among other things, to determine trends and needs. For example, we may create a report that tells advertisers that thirty percent (30%) of our members are males in a certain age range, so that they can determine which of their products or services are most appropriate for our members.
Trooval.com will also use the aggregated “Non-Public Personal Information” and “Web Activity Information” discussed above, but no “Personally Identifiable Information” linked to it, to supply market research to third-parties, including potential advertisers and participating Resorts, to help them understand who the Trooval.com audience is.
4. Your Opt-In for Disclosure of “Member Information” to Certain Third Parties.
Trooval.com does not sell or otherwise share any Member Information with unaffiliated third parties without your consent (Please see “Trooval.com’s Opt-In/Opt-Out Policy” below), except in the following instances:
(i) disclosure of your Non-Public Personal Information to participating Resorts in order for participating Resorts to determine what offers or incentives are available to you;
(ii) disclosure of your name and e-mail address to participating Resorts when you confirm that you would like to receive an offer or incentive that has been made available to you;
(iii) disclosure as required by applicable law or pursuant to a court or similar order;
(iv) as deemed necessary, in Trooval.com's discretion, to protect the legal rights or the property of Trooval.com, a member or third party, or to prevent personal injury;
(v) in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of Trooval.com or its affiliated entities (including, without limitation, in connection with any bankruptcy or similar proceedings); and/or
(vi) disclosure of aggregate “Non-Public Personal Information” and “Web Activity Information” to third-parties, including potential advertisers and participating Resorts, for purposes of market research.
In addition, Trooval.com may provide “Personal Information” to third parties who are providing technical or fulfillment services on behalf of Trooval.com when such disclosure is required in order to provide those services, provided that such third parties agree to be bound by Trooval.com's Privacy Policy.
Trooval.com also reserves the right to share any “Member Information” which you provide to (or which is gathered from) Trooval.com with any or all of its subsidiaries and affiliates (collectively, our "Affiliates") (subject to the “opt-out” right described in Trooval.com’s Opt-In/Opt-Out Policy below, with respect to disclosures of “Member Information” to Affiliates for their direct marketing uses). Trooval.com will also have access to any information you provide to (or which is gathered from) the web sites of any of our Affiliates.
In each of the instances described above, you have provided your consent under the terms of this Privacy Policy for Trooval.com to share your Personal Information with the third-parties that are described above. In particular, if Trooval.com discloses your name and e-mail address to participating Resorts when you confirm that you would like to receive an offer or incentive that has been made available to you, the participating Resort may then contact you directly with the offer or incentive. Please see Trooval.com’s Opt-In/Opt-Out Policy below to see your ability to exercise a cost free right to Opt-Out of Trooval.com’s sharing of your personal information with Resorts and Affiliates. PLEASE NOTE THAT, IF YOU PROVIDE ANY PERSONAL INFORMATION DIRECTLY TO THE PARTICIPATING RESORT ONCE IT HAS CONTACTED YOU WITH AN OFFER OR INCENTIVE, THE PERSONAL INFORMATION THAT YOU PROVIDE DIRECTLY TO THE PARTICIPATING RESORT IS NOT COVERED BY THIS PRIVACY POLICY, BUT IS COVERED BY THE PRIVACY POLICY OF THE PARTICIPATING RESORT.
As stated above, the “Non-Public Personal Information” and “Web Activity Information” you provide on pages of Trooval.com, including those that are co-branded with a third party (including tools that are hosted by a third party), may be shared with third-parties, including potential advertisers or participating Resorts, on an aggregated basis, for market research purposes, and in these instances, your permission will not be requested since no personal data or “Personally Identifiable Information” will be shared or provided to these third parties. Trooval.com will, however, use commercially reasonable efforts to contractually require all such third parties to agree not to use any “Non-Public Personal Information” about you, in conjunction with other sources of information, or otherwise, to identify you.
5. Trooval.com’s Opt-in/Opt-out Policy.
A. By registering as a Member of the Trooval.com Service, you agree that Trooval.com may (i) provide to you for your review offers and incentives of participating Resorts; (ii) provide to participating Resorts your “Non-Public Personal Information” when you have inquired whether an offer or incentive is available to you and your name and e-mail address when you have confirmed that you would like to receive an offer or incentive from a participating Resort; (iii) contact you in the event of a change in the Trooval.com Agreement, including this Privacy Policy, or to provide you with any Service related notices; and (iv) otherwise provide to you information directly from participating Resorts in instances where you have specifically “opted-in” to receive it.
For purposes of this Privacy Policy, "opt-in" is generally defined as any affirmative action by a Trooval.com Member or Visitor to submit or receive information, as the case may be.
We currently provide the following “Opt-Out Opportunities”:
- At any time, you can follow a link provided in every email message (except for e-commerce confirmation or service notice emails) [received from trooval.com] to unsubscribe from the Service.
- At any time, you can contact us through privacyquestions@Trooval.com to unsubscribe from the Service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Information with participating Resorts and Affiliates as described in this Privacy Policy.
Notwithstanding anything else in this Privacy Policy, please note that Trooval.com always reserves the right to contact you in the event of a change in the Trooval.com Agreement, including this Privacy Policy, or to provide you with any Service related notices.
At any time, you can “opt-out” of the Service by exercising one of the “Opt-Out” Opportunities” described above and Trooval.com will not share any “Personal Information” about you with participating Resorts or Affiliates at any time after the time that you have opted-out. In addition, if you “opt-out”, Trooval.com will request that each of its third-party participating Resorts and its Affiliates delete from their servers the name and e-mail that they have obtained from Trooval.com in order to contact you after your confirmation of interest in a certain offer or incentive made available by that participating Resort; HOWEVER, AGAIN, PLEASE NOTE THAT, in any case where (A)(i) you have inquired about an offer or incentive of a participating Resort, (ii) such third-party participating Resort has made the offer or incentive available to you and (iii) you have confirmed that you would like the offer or incentive from the participating Resort and (B) Trooval.com has provided the participating Resort with your name and e-mail address to contact you, any information that you then choose to provide directly to that participating Resort will be subject to that party’s privacy policy and not Trooval.com’s Privacy Policy.
If you have additional questions about how one of our participating Resorts use information about you, we urge you to contact them directly.
6. Third Party Advertising and Links to other Sites.
Trooval.com may contain links to participating Resort websites or service provider websites that are not co-branded or affiliated with Trooval.com in any way. We cannot be responsible for the privacy practices or the content of such non-Trooval.com websites, and we do not control the practices of any of our participating Resorts or service providers to whose sites we link.
7. Access and Correction.
Trooval.com provides you with the ability to access, correct or change the “Personal Information” in your member portrait at any time, including contact information or other information you've provided to us. However, you cannot currently change your member name although you may re-register and choose a new name. To review, modify or delete your Trooval Information, please click here. Please be advised that Trooval.com currently archives information it collects on its Members and Visitors.
8. How we protect and secure your “Personal Information”.
The importance of security for all “Personal Information” associated with our visitors and customers is of utmost concern to us.
First, all of your member “Personal Information” requires use of your password. We recommend that you do not share your password with anyone.
Second, we exercise reasonable care in providing secure transmission of your “Personal Information” from your PC to our servers and ensuring the security of your information on our systems. For example, Trooval.com uses industry-standard tools, such as firewalls, in an attempt to make your information secure and confidential. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take steps to protect your information, Trooval.com can't ensure or warrant the security of any “Personal Information” you transmit to us or from our online products or services, and you do so entirely at your own risk.
9. Applicable Law.
We control and operate Trooval.com from the United States. Trooval.com is not intended to subject us to the privacy laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that Trooval.com is appropriate for use in any particular jurisdiction. Those who choose to access Trooval.com do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
10. Changes to this Privacy Policy.
We will notify our Members when we make any significant changes to our Privacy Policy that affect the use of any Personally Identifiable Information we collect. We will not make new use of any “Member Information” which Trooval.com gathered from individual Members or Visitors prior to any such significant change in our Privacy Policy without first obtaining the Member's or Visitor's consent for any new uses.
In instances where we ask for your “Personal Information” and we tell you the data we are collecting on that page will be shared with unaffiliated third parties, and in cases where a Member or Visitor to Trooval.com opts-in to share his/her “Personal Information” with third parties, those disclosures and opt-ins will override anything to the contrary in this Privacy Policy.
In addition, Trooval.com reserves the right to make non-significant changes to our Privacy Policy that will not affect Trooval.com's use of a user's “Member Information” at any time without any notice to you other than posting any such changes in a revised Privacy Policy on Trooval.com.
We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.
The Privacy Policy will include the most recent date in which any revision has been made. Please note that this Privacy Policy is also incorporated into the Trooval.com Agreement.
11. Contact Information.
If you have questions about this Privacy Policy or anything else regarding our use or sharing of your Personal Information or information about Trooval.com, you can contact us at the following email address: questions@Trooval.com Attention: Stephanie Loosvelt, General Counsel, or send us a letter to the following address: 2564 W. Horizon Ridge Pkwy. Suite B5 #281, Henderson, NV 89052 Attn: Stephanie Lossvelt, General Counsel.
12. Effective Date.
This privacy policy was last changed on February 21, 2010.
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