GRAND PACIFIC VACATION CLUB

Please read these Terms of Use (“Terms of Use”) carefully before using this website or any other website by Grand Pacific Resorts, or any of its affiliates.

1. Access to Website and Digital Content

2. Contests, Sweepstakes

3. Disclaimer of Warranties

4. Limitation of Liability

5. Waiver and Release; Indemnification

6. Termination

7. Arbitration; Assertion of Claims; Attorneys’ Fees

8. Time Period for Claims

9. Applicable Law and Consent to Jurisdiction in California

10. Acceptance of Terms of Use

11. Miscellaneous

12. Notice for California Consumers

1. Access to Website and Digital Content

Use of the official and sanctioned websites operated by Grand Pacific Resort Services, L.P. and Grand Pacific Resorts, Inc. and any applications available for any products or services provided and/or distributed (whether via this website or linked platform provided by Grand Pacific Resorts or its vendors) (“Grand Pacific Resorts Digital Property”) is subject to these Terms of Use. These Terms of Use also apply to the current/active enrolled and past participants in the Grand Pacific Vacation Club membership program (“Club”). By accessing the Grand Pacific Resorts Digital Property or participation in the Club, you agree to be bound by these Terms of Use. If you do not agree, do not use the Grand Pacific Resorts Digital Property and do not enroll or participate in the Club.

2. Contests, Sweepstakes Digital Content

Grand Pacific Resorts may offer you opportunities to participate in opinion polls in connection with certain events and also to participate in contests, sweepstakes, or other promotions. By participating in any such event, you signify your agreement to all special terms set forth in the promotion rules applicable to the event as well as the terms of these Terms of Use.

3. Disclaimer of Warranties

This website (including all of its content) is provided to you “as is”. To the maximum extent permitted by applicable law, Grand Pacific Resorts disclaims all warranties, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Grand Pacific Resorts makes no representations, warranties or guaranties that the use and access of resorts or use or access to this website will be free from loss, destruction, damage, corruption, attach, viruses, interference, hacking or other security intrusion, and Grand Pacific Resorts disclaims to the fullest extent permitted by law, any liability relating thereto.

While we strive to provide accurate and up-to-date information, all property listing information contained within this website is subject to the possibility of errors, omissions, change of price, rental or other conditions prior to the posted listing, or withdrawal without notice.

Some of the resorts and services available through the Grand Pacific Vacation Club and this website are available through third party operators. You acknowledge that Grand Pacific Resorts assumes no responsibility for such resorts or services. Any use or access to the third party resorts or services is at your own risk.

4. Limitation of Liability

Grand Pacific Resort Services, L.P., Grand Pacific Resorts, Inc., and their affiliated companies, including each of their officers, directors, employees, agents and representatives will have no liability to members or their guests for any loss, injury or damage, including death, occurring as a result of the member, a resort, or the Grand Pacific Vacation Club’s action or failure to act or otherwise related to any use or failure of any benefits or services available through membership including any third party services or benefits made available to members. Any liability will be limited to the transaction fees paid. Grand Pacific Resort Services, L.P. is not liable or responsible for a member’s failure to make beneficial use of their paid membership services or to receive a specific reservation outside of the member’s subscription entitlement.

5. Waiver and Release; Indemnification

Members, for themselves and on behalf of their guests waive, release and discharge Grand Pacific Resort Services, L.P., Grand Pacific Resorts, Inc., the Participating Resorts (defined in the Club Membership Rules) and their affiliated companies, and each and all of their respective partners, directors, officers, employees, representatives and agents (“Released Parties”) from any and all claims, liabilities, damages and expenses arising out of use and participation in Club benefits including without limitation access to resort or hotel accommodations, cruise ships, or other venues, including but not limited to death, disability, personal injury, property damage, property theft, or loss of any kind.

Members, for themselves and on behalf of their guests, indemnifies, defends and holds harmless the Released Parties from any and all liabilities, damages, actions, losses or claims and expenses on account of personal injury, death, damage to or loss of property arising out of or contributed by access to or use of the Club accommodations and benefits. Members are solely responsible for all damage and loss to the Club Accommodations as a result of destructive conduct by a Member, family members, friends, and guests.

6. Termination

Grand Pacific Resorts may change, suspend, or discontinue any aspect of the Club, the Club benefits or accommodations at any time, in its sole discretion without notice, liability or prejudice to any legal or equitable remedies, for any reason or purposes, including by way of example, termination of cruise or lodging accommodation, depending on availability and suitability.

7. Arbitration; Assertion of Claims; Attorneys’ Fees

Any and all disputes, claim or controversies arising out of or relating to these Terms of Use, the breach thereof, or any use of the Grand Pacific Resorts properties (including all transactions conducted through this website (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, will be resolved by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures. Any and all Claims will be arbitrated on an individual basis only and will not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. By agreeing to arbitrate all Claims, you and Grand Pacific Resorts agree to waive all rights to a trial by jury in any action or proceeding involving a Claim. The parties also agree that the arbitrator will have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis. The arbitration will be held in San Diego County, California and the judgment by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and will be governed by and construed and interpreted in accordance with the Federal Arbitration Act [9 U.S.C. §§1 et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision will survive the termination of these Terms of Use.

The arbitrator will have the authority to award legal and equitable relief available in the courts of the state of California. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with the terms of these Terms of Use, the other party will recover all attorneys’ fees and expenses reasonable incurred in enforcing these Terms of Use to arbitrate and the forum to which the parties have herein agreed.

For any Claims not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within San Diego County, California (“Forum”), and the parties hereby waive any argument that such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) the parties waive any and all rights to trial by jury with respect to any Claims.

8. Time Period for Claims

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any Forum unless you provide Grand Pacific Resorts with written notice of the event or facts giving rise to the Claim within one (1) year of the occurrence.

9. Applicable Law and Consent to Jurisdiction in California

Any and all Claims arising out of or related to these Terms of Use or to your use of any product or services distributed by Grand Pacific Resorts will be governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to conflict of laws principles.

10. Acceptance of Terms of Use

Your use of the Club Accommodations, Club benefits or this website signifies your agreement to these Terms of Use. If you do not agree to these Terms of Use, you must not participate in the Club or use any of the Grand Pacific Resorts websites. Grand Pacific Resorts may change these Terms of Use at any time, and your continued participation in the Club and continued use of this website after such change is posted will mean that you accept such change.

11. Miscellaneous

Grand Pacific Resorts may be required to post certain notices, in which case we will post the notices to you on this website, or if we elect in our sole discretion, we will provide notice by email to the email address you have provided to us. Sections 1, 3, 4, 5, 7, 8, 9, 10 and 11 of these Terms of Use will survive any termination or cancellation of the Club Membership. If any term of these Terms of Use are declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.

12. Notice for California Consumers

California consumers of Grand Pacific Vacation Club are entitled under California Civil Code section 1789.3, the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.