We are pleased to provide this hotel listing from the Active Travel Portfolio. While we try to keep this updated with our current offerings, there are frequent changes and we may not be as up to date as we would like. Please contact us for an updated listing if you do not see a hotel in a location that meets your needs. Active Travel Services are for use by clients of Active International only, and are not available to the general public. All reservation requests are subject to availability, trade eligibility and certain other terms, limitations and restrictions may apply. For more information please contact firstname.lastname@example.org or call 1-800-852-8864 (M-F 8:30-5:30).
HARD ROCK HOTEL VALLARTA : Paseo de los Cocoteros 19, Villa 8. Bahia de Banderas, Nayarit, CP. 63732 Mexico
This hotel listing was printed from Active International's Travel Website at travel.activeinternational.com. Greater detail about each hotel may be found on the website. You must be a client to log on and purchase any travel inventory.
We facilitate your purchase of hotel accommodations but do not ourselves sell hotel accommodations nor are we a co-vendor associated with the vendors of hotel rooms booked through this Site.
Hotel accommodations marketed on our Site are offered pursuant to two different models.
Under the first model, you will pay Active the prevailing room rate available to Active at the time of reservation request, including estimated state and local room taxes and a service fee to cover Active's costs of processing and handling the payment of your room taxes (this is referred to on the Site as the "Estimated Taxes and Service Fee"). We provide an estimate of such state and local room taxes based on tax rate information that has been provided to us by the hotels or which we reasonably expect the hotels to charge. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location. Active makes reasonable efforts to ensure that the estimated tax rates charged through this Site are accurate. If you pay to Active the Estimated Taxes and Service Fee, you will have no liability to Active should additional room taxes be due in respect of your room rate beyond what you are charged upon completing your transaction for the room and room nights booked through the Site. In the unlikely event that actual tax rates are in fact lower than the estimated tax rates charged through this Site, Active will retain the difference as part of its service fee.
Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, i.e. required to be paid by you directly to the hotel rather than to Active on the Site, you will be required to pay all such applicable room taxes directly to the hotel at checkout. In this case, we will still provide to you estimated state and local room taxes based on tax rate information that has been provided to us by the hotels or which we reasonably expect the hotels to charge (this is referred to as "Estimated Taxes" on the Site). We do not include any service fee with respect to Estimated Taxes, which are not paid to Active. While Active makes reasonable efforts to ensure that the estimated tax rates are accurate, the actual state and local room taxes charged by the hotel and required to be paid by you may vary.
Please be aware that you (and/or any guests) may also incur charges at hotel(s) that are not payable to Active or included in your quoted price on the Site which nonetheless are your sole responsibility and must be paid by you directly to the hotel at the time of check-out in accordance with the hotel's prevailing policies, including, without limitation, any other governmental charges or taxes, any resort fees/service charges, charges for food and beverage, extra-person or extra-bed charges, gratuities, hotel energy surcharges, parking fees, internet, WI FI, telephone fees, room service, movies, mini-bar, transfers/transportation, and any other incidentals. For this reason, you will be required to provide a valid credit card at time of check-in to cover all such charges. All Members, authorized users and hotel guests must comply with each hotel's standard terms and conditions.
Last Updated: December 30, 2022
California Privacy (See Section 16 below)
European Privacy (See Section 15 below)
Active Media Services, Inc. d/b/a Active International (and its affiliates, collectively “Active,“ “we“ or “our“ or “us”) recognizes the importance of data privacy and respects your data privacy rights. This Privacy Statement sets forth the terms and conditions with respect to how we process certain personal data derived from our public facing website: https://activeinternational.com/ and any other website that we own, license, or operate and that links this Privacy Statement (each of the foregoing collectively referred to as a “Site”). This Privacy Statement describes, among other issues, the types of personal data that we collect via the Site, the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal data. For purposes of this Privacy Statement, the Site and all products, goods and services sold, bartered, or furnished by us through a Site shall be referred to collectively as the “Services.”
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL DATA, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY STATEMENT AND OUR TERMS & CONDITIONS AND OUR COOKIE DECLARATION.
You must be at least eighteen (18) years of age to access the Services. Active is headquartered in the United States, and the personal data you provide to Active may be processed and stored in the United States and other jurisdictions. For more information on our data transfer practices, please see Section 9 (Data Retention and Localization).
We strive to ensure that every person has access to information related to our Services, including this Privacy Statement. In case you have special accessibility needs and would like this Privacy Statement provided in an alternative format, please contact us at privacy@activeinternational and we will seek to meet your needs.
This Privacy Statement applies to personal data that Active receives during its business operations as a “data controller” – which means we determine the purpose and means of processing such personal data. For purposes of this Privacy Statement, the term “personal data” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal data” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. We commit not to reidentify data that has so been deidentified. Active may also anonymize or de-identify personal data, and such data is not subject to this Privacy Statement, and Active may use such data for any purpose.
2. The Types and Categories of Personal Data We Collect
Active collects personal data in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Statement. When you do not provide personal data to us, we may not be able to provide you the Services or to complete a transaction you requested. Generally, we collect the following types and categories of personal data during our business operations:
|Personal Identifiers||Identifiers, such as your name, pronoun, alias, shipping address, email address, account name, telephone number, customer identification number, when necessary for specific purposes gender, date of birth, age, place of birth.
|Registration Data||Information provided when you register for an account to use the Site, including usernames and passwords.
(For more information,
see “Technical Data”
|Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.
|Commercial Information||Records of the Services you purchased, obtained, or considered, or your other purchasing histories or tendencies with respect to our Services. Correspondence between you and us when it is sent to a dedicated mailbox for the purpose of processing account receivable payments and commercial follow-up
|Business Contact Data||Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities.
|Internet and Electronic
|Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites, and information derived from any device that connects to our WiFi services.
|Your Feedback||Information you provide about our Services, which may include data gathered from any of our surveys or reviews submitted by you.
|Visitor Information||Information an individual provides when visiting any physical location or premises of Active (e.g., visitor logs and registries, vehicle and parking information).
|Video and Images||In some circumstances, you may provide us images (e.g., your use of a product) or we may record you via a video camera (e.g., on-premises security systems) or through video teleconferencing.
|Professional or Employment Data (For more information, see “Employment Applications and Talent Management” below)||If you apply for a job with us, we collect information set forth in a resumé, curriculum vitae, cover letter, and similar documentation, including contact details, employment history, skills, or qualifications, education-level, job compensation and benefit preferences, criminal record, credit history and similar data, and information provided about or by your references.
|Inferences||Inferences drawn from some of the personal data categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior.
Active may also collect, but does not store, credit card information when you place an order. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal data. We commit not to reidentify data that has so been deidentified.
3. Technical Data
When you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device, as well as your experience on the Site and other websites, including the following:
Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.
Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For additional information on the specific cookies we use please see our Cookie Declaration. If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of the Services or some of its functionality may be affected.
4. Sources of Data
We collect the personal data identified herein directly from you when you use our Services, through automated means when you are using the Site, and from third parties. More specifically, we collect personal data from the following sources:
First Party / Direct Collection. We collect personal data directly from you when you use our Services (e.g., registering accounts, completing transactions, signing up for newsletters, or participation in sweepstakes), when you provide a Product Review (as defined below), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).
Third-Party Sources. We collect personal data from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.
5. How We Use Your Data / Purpose of Collection
We may use the personal data we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests.
|How Your Personal Data Is Used
|Provide, operate, maintain, improve, promote and customize our Services, including sharing of your personal data with trusted third parties for such purposes. This is necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, create efficiencies and to explore ways to develop and grow our business.
|Enable you to access and use our Services.
|Process and complete transactions and out obligations under our contracts with you, and send you related information, including purchase confirmations and invoices. Active may make a customer’s shipping address and payment information directly available to a vendor of products or services the customer wishes to obtain. By making a purchase (example: a hotel reservation), you are directing us to share your personal data in this way.
|Respond to lawful requests by public authorities, to protect, establish or exercise our legal rights or defend against legal claims or to prevent, investigate or take action regarding suspected fraud or violations of our policies. In these cases, our use of your personal data may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights or preventing damage.
|Send you messages and communications related to our Services (e.g., responses to your comments, questions, and requests, customer services).
|Furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services.
|Provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events).
|Process and deliver contest or sweepstakes entries and rewards, including confirming eligibility.
|Web analytics and statistics to monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests.
|For security purposes to enhance protection, investigate and prevent misuse and/or fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities.
|Personalize our Services, including providing features or advertisements that match your interests and preferences.
|We may collect and use your personal data for any other purpose for which we obtain your consent.
For the avoidance of doubt, you hereby agree that we may contact you via any means, including via SMS/text message and email and through the use of autodialing systems and serivces, to furnish you information regarding a product order, shipping status, warranty-related information, and similar data and information pertaining to a commercial transaction
6. Sharing Information / Third-Party Disclosures
We may share your personal data with certain organizations and third parties in accordance with applicable law, including as set out below. However, we do not share personal data with third parties that we have reason to believe use such information for their own direct marketing purposes.
|Category of Recipient
|Transaction Partners||We may share your personal data with third party businesses and organizations with whom we facilitate a transaction at your request or fulfill our contractual obligations to you under a contract.
|Service Providers||We may share your personal data with companies that provide services on our behalf, such as hosting and analyzing the Site, conducting surveys and marketing on our behalf, processing transactions, providing research and analytics, and security and customer management software to help us operate, provide and market our Services.
|Vendors of Services,
|We may share your personal data with third parties that provide Services you have purchased from us.
|Business Transfers||Circumstances may arise where, for strategic or other business reasons, we decide to sell, buy, divest, merge or otherwise reorganize our businesses. We may share your personal data and other information with third parties in connection with a sale, merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by us about users of the Services is among the assets transferred.
|Legal; Compliance; Legitimate Interests||We may disclose personal data and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce contractual obligations and our terms and conditions [TERMS & CONDITIONS] (e) to protect our operations or those of any of our affiliates; (f) to defend or protect our legal, regulatory, business interests, rights, privacy, safety or property, and/or that of our affiliates, you, or others; (g) in urgent circumstances to protect the health and personal safety of any individual, and (h) to allow us to pursue available remedies or limit the damages that we may sustain.
|Consent.||In addition to the reasons for disclosure set forth herein, we may also disclose your personal data upon your consent.
In the event that you enter into a contract with us, or facilitate a transaction with us, or request information from or otherwise engage with us, and such activities require us to share your personal data with a service provider or other third party, you hereby consent to such disclosure and/or direct us to intentionally disclose your personal data to the service provider or third party.
7. Social Media
We may engage with you on various social media platforms (e.g., Facebook, Twitter, LinkedIn, Pinterest, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Certain social media platforms may also automatically provide us with your personal data, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site includes social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.
8. Links to Other Websites; Your Direct Third-Party Disclosures
As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors). Our Privacy Statement does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal data, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.
9. Data Retention and Localization
The period during which we retain your personal data varies depending on the purpose for the data processing. For example, we retain personal data needed to provide you with our Services, fulfill our contractual obligations to you under a contract, facilitate transactions you have requested, to comply with our legal obligations (e.g., tax filings, export control laws), to engage in marketing activities, and for as long as is necessary to defend our legal or business interests and/or until such time as our contractual relationship with you ceases or the legal retention periods expire or where you have consented to our use of your personal data, until such time as you withdraw consent. In all other cases, we retain your personal data for as long as is needed to fulfill the purposes outlined in this Privacy Statement.
Active is headquartered in the United States, out Site is hosted in the United States, and the personal data that we collect and process is retained and stored in the United States. Active uses service providers that store personal data on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal data as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal data may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information, you hereby acknowledge and agree that your personal data will be transferred to, and stored in, the United States and in such other third countries. If you are accessing our Site from outside the United States, you are transferring your personal data to the United States and you consent to such transfer. If you do not want your personal data transferred to the United States, you should not share your information with us or make use of this Site. Please note that personal data transferred to the United States is subject to access by law enforcement. personal data
We seek to protect the security of your personal data and use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL DATA. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL DATA YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL DATA AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL DATA CAUSED BY A THIRD PARTY. The safety and security of your personal data also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal data.
11. No Data Collected from Children
The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of eighteen (18), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal data.
12. Your Responsibilities
You are permitted, and hereby agree, to only provide personal data to Active if such personal data is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL DATA (INCLUDING PERSONAL DATA CONCERNING A THIRD PARTY) TO US, YOU EXPRESSLY REPRESENT AND WARRANT TO US THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE US WITH SUCH PERSONAL DATA (INCLUDING PERSONAL DATA CONCERNING A THIRD PARTY) AND THAT OUR USE AND PROCESSING OF SUCH PERSONAL DATA AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY US AND EACH COMPANY EMPLOYEE, OFFICER, AND AGENT FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL DATA (INCLUDING PERSONAL DATA CONCERNING A THIRD PARTY) TO US.
13. Updating Your Information
It is important that the personal data that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal data (e.g., name, telephone number, email, shipping address), and you must do so when such changes are warranted. You may request changes to, or deletion of your account with us by emailing us at email@example.com.
14. Canada Privacy Rights
Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”)) will be collected, stored, used and/or processed by Active in accordance with this Privacy Statement and Active’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to these Canadian laws, you have a right to request access to your personal data and to request that inaccurate personal data be corrected. If you have submitted personal data to us and would like to have access to it, or have it corrected, please contact us in accordance with the “Contact Us” section listed below. When requesting access to, or correction of, your personal data, we will require that you verify our request via email, and we will request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your personal data, provided that we advise you of any such fee in advance. Your right to access personal data is not absolute, and we may not be able to allow you to access certain personal data in certain circumstances (e.g., if the information contains personal data of other persons or it is subject to legal privilege). In the event that we cannot provide you with access to, or the ability to correct, your personal data, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists, please contact us in accordance with the “Contact Us” section listed below. If you have concerns with our data processing, you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of the Privacy Commissioner of Canada, please access its website.
15. European Union (EU), Switzerland, and United Kingdom (UK)
Data Protection Rights. If you are located in the EU, Switzerland, or the UK, you have the following data protection rights:
To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.
Legal Basis for Processing. We process your personal data in accordance with the legal bases set forth in law. For example, our processing of personal data (as described herein) is justified based on the following legal grounds:
Complaints. In the event you have concerns about our data processing, you have the right to file a complaint with your data protection authority. For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html). For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance.
16. California Privacy Rights
The California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), collectively referred to as “California Consumer Privacy Laws,” provide California consumers with specific rights regarding their personal data. This section describes your rights under the California Consumer Privacy Laws and explains how you may exercise your rights. California Consumer Privacy Laws provide you with the following rights:
How to Contact Us About Your California Privacy Rights: To exercise any of your California privacy rights, or if you have any questions about your privacy rights, you may email us at firstname.lastname@example.org, or use our (interactive webform) Webform.
Verification of Your Identity. After you submit a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal data, we may contact you for more information, or we may not be able to meet your request.
Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal data. If you are making a request as the authorized agent of a California consumer, we will also ask you to submit additional information (such as your name, contact information, relationship to consumer making the request, copy of written authorization, and additional supporting information) so that we may establish that you have been authorized in writing by the consumer to act on such consumer’s behalf
Our Response Time to Your Request. We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the California Consumer Privacy Laws allow us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond.
California “Shine the Light”: Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties; however, we do not disclose personal data to third parties for their direct marketing purposes.
17. Virginia and other State Privacy Rights
The Virginia Consumer Data Protection Act (“VCDPA”) provides Virginia consumers with specific rights regarding their personal data. This section describes your rights under the VCDPA and explains how you may exercise these rights. We will also apply similar VCDPA rights to residents of other U.S. states with similar laws to which you and we are both subject.
The categories of personal data we process, our purposes for processing your personal data, the categories of personal data that we share with third parties and the categories of third parties with whom we share it are detailed above in our Privacy Statement.
Certain rights that you may have concerning your personal data are set forth in our Privacy Statement. The VCDPA provides you with the following additional rights:
How to Contact Us About Your Virginia Privacy Rights: To exercise any of your Virginia privacy rights, or if you have any questions about your privacy rights, you may email us at email@example.com.
Verification of Your Identity. After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify using reasonably commercial efforts that the consumer submitting the request is the same individual about whom we have collected personal data, then we are not required to comply with the request; we may contact you for more information reasonably necessary to authenticate the request, but ultimately we may not be able to meet your request.
Only you may make a verifiable request related to your personal data. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal data, we may ask you to submit reliable proof of your identity.
Our Response Time to Your Request: We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the VCDPA allows us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond and the reason for the extension.
Your Right to Appeal: If we decline to take action regarding a request that you have submitted, we will inform you of our reason for declining to take action and provide instructions for how to appeal the decision. In the event that we do not respond to a request that you make pursuant to one of the privacy rights set forth in this section, you have the right to appeal our refusal to take action within a reasonable period of time after you receive our decision. Within sixty (60) days of our receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.
18. Nevada Privacy Rights
As of the latest date of the Privacy Statement, we do not conduct “sales” of personal data for purpose of Nevada law. Notwithstanding the foregoing, if you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by emailing us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.
19. Employment Applications and Talent Management
As part of our recruitment and talent management process, we collect personal data with respect to individuals who are interested in working for us. In this context, we collect employment and application data, such as the following: contact information (e.g., name, title, residential or postal address, telephone number, and personal email address); information in a curriculum vitae, resumé, cover letter, or similar documentation; details regarding the type of employment sought, willingness to relocate, job compensation and benefit preferences; health data (e.g., medical conditions); information related to your background, education, criminal record, credit history and similar data; information provided about or by your references or other third parties related to your employment history, skills, qualifications, or education; and information related to previous applications to us or previous employment history with us. When permitted by law, we may collect information about your race and ethnicity to assist with our diversity and inclusion programs. We use this information for the following purposes: to identify and evaluate job applicants; to verify your information; to complete employment, education, background and reference checks; to communicate with you about the recruitment process and your application; to comply with our legal, judicial, regulatory, administrative, or other corporate requirements; to analyze and improve our application and recruitment process; to accommodate individuals who may have specialized needs during the employment process; and to protect the rights, interests, and property of our business, other job applicants, employees, or the public, as required, or permitted, by law. We share this personal data with third parties (see Section 6 (Sharing Information / Third-Party Disclosures), and we may also use this employment and application data for any other purpose set forth in this Privacy Statement.
20. Events and Video Teleconferencing
We host and use video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Microsoft Teams, Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.
21. Your Choices
If you do not wish to receive promotional or marketing emails from us, you can unsubscribe by using the unsubscribe link included in each such email or newsletter. In some cases we may provide an unsubscribe link within an operational email (e.g., surveys).
22. Changes to this Privacy Statement
We reserve the right to amend this Privacy Statement at any time. We will notify you if this Privacy Statement is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Statement to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this Privacy Statement, signifies your consent to this Privacy Statement and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Statement; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Statement to determine whether any amendments have been made hereto.
23. Contact Us
If you have questions regarding this Privacy Statement or our handling of your personal data, would like to request more information from us, or would like to exercise a data privacy right, please contact us at the following: (email) email@example.com, (mail) Active Media Services, Inc., ATTN: General Counsel/Data Privacy, One Blue Hill Plaza, Suite 900, Pearl River, NY 10965, or (interactive webform) Webform.
Last Updated December 2021
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY CONTENT, PRODUCTS, OR MAKING ANY BOOKINGS OR PURCHASING ANY PRODUCTS AND SERVICES FROM ACTIVE INTERNATIONAL, INCLUDING THROUGH THIS WEBSITE OR FROM OUR RESERVATION CENTER.
1. CERTAIN DEFINITIONS
The below capitalized terms when used in these Terms shall have the respective meanings assigned below:
2. CONSENT TO TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS SITE AND/OR BOOKING/PURCHASING OF ANY PRODUCTS AND SERVICES FROM ACTIVE INDICATES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE POLICIES INCORPORATED INTO THEM BY REFERENCE. These Terms govern the use of this Site as well as the relationship between Active and You, including terms that restrict your rights and remedies and provide protection to Active, and also include warranty disclaimers and liability exclusions. These Terms are incorporated into any booking and/or purchase of Products and Services via the Site or the Reservation Center and no alterations to these Terms may be made by our Reservation Center.
IF THERE IS ANY PART OF THESE TERMS YOU DO NOT AGREE WITH OR ACCEPT, YOU MUST NOT USE THE SITE OR BOOK/PURCHASE ANY PRODUCTS AND SERVICES.
3. TRAVEL DOCUMENTS AND IDENTIFICATION REQUIREMENTS
It is the sole responsibility of each Customer to determine, obtain and carry the necessary travel documents, e.g. enhanced driver license, passport, visa and/or other documentation, required by applicable government regulations. Additionally, be advised that certain countries will not admit a traveler if their passport expires within six (6) months of the date of entry. Active is not responsible or liable for any loss incurred in the event of Customer’s failure to have any required travel documentation which may result in, among other things, denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. It is Customer’s sole responsibility to determine, obtain and carry any required travel documentation.
When Customer receives any booking confirmation for Products and Services from this Site or the Reservation Center, it is Customer’s sole responsibility to review and verify promptly all such information and contact Active immediately if changes or corrections are required.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense or felony conviction, and you are unsure how the country you are traveling to (or through) views that offense, you are advised to contact that country directly for entry and exit requirements.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others, and/or specific COVID related requirements. Customer is strongly advised to check and review (and is solely responsible for checking and reviewing) prior to making any bookings (or traveling) all travel prohibitions, warnings, announcements and advisories, including any COVID/pandemic related requirements, including, without limitation, any testing, quarantines, mask requirements, or proof of vaccination, issued from time to time, in the case of domestic travel, any U.S. state and local governmental agencies and Providers for any states on Customer’s domestic travel itinerary, and in the case of any international travel, the U.S. Federal government and its agencies and any foreign country(ies), consulates and Providers on Customer’s international travel itinerary.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ACTIVE DOES NOT REPRESENT OR WARRANT TO YOU THAT TRAVEL TO ANY SUCH DESTINATION(S) IS ADVISABLE, SAFE OR WITHOUT RISK, AND IN NO EVENT SHALL ACTIVE BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATION(S) OR FOR ANY INCIDENT(S) OCCURRING DURING YOUR STAY.
6. USE OF THIS SITE AND INFORMATION PROVIDED; AGE LIMITATIONS
Customer must be 18 years or older to use this Site. Each Customer warrants that he/she is at least 18 years of age and possess the legal authority to make travel bookings to purchase Product and Services with Active by any means, including this Site or our Reservation Center in accordance with all Terms herein. Customer agrees to be financially responsible for all travel bookings. Minors (as defined under the laws of Customer’s jurisdiction or residence) are not eligible to register for, access or use this Site, or book any Products and Services available on the Site. The Site is not intended for children. Customer agrees to keep any minors listed under Customers name or account off of this Site. If you are under 13 you should not access this Site or provide to us any identifying information about yourself. Customer warrants that all information supplied by Customer or members of Customer’s household transacting business with Active is true and accurate. Each Customer is responsible for maintaining the secrecy of its User ID and password for this Site. In addition, Customer will be financially accountable for all use of this Site by Customer and anyone using Customer’s password and login information.
7. ADDITIONAL TERMS, CONDITIONS AND REQUIREMENTS OF PROVIDERS
Each Customer understands and agrees that Products and Services are provided subject to the terms, conditions and requirements of each Provider Customer selects (and as identified on Customer’s confirmation). Customer agrees to abide by the terms, conditions and requirements of each Provider as well as these Terms. As example, Providers of hotels accommodations have terms, conditions and requirements regarding, among other things, (i) cancellation and “late check-out”; (ii) presentation at check-in of a valid credit card and picture identification; (iii) check-out by the times indicated by the Provider, and (iv) payment of any amounts due the Provider at time of check-out. Additionally, due to Covid -19 (and its variants) Providers, e.g. hotels, airlines, rental car companies, etc., may also have issued additional requirements such as, among others, mask wearing, temperature or Covid testing, and social distancing. Each Customer is responsible for checking the terms, conditions and requirements of each Provider that pertain to your travel, and we strongly recommend that prior to traveling Customer check the Covid-19 related requirements issued by your Provider, as well as your state of residency, destination state or country.
8. TRAVEL INSURANCE
Active highly recommends that Customer(s) purchase appropriate travel insurance from a third party provider which includes coverage for medical treatment and, due to Covid-19, medical evacuation that does not exclude airborne pathogens. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip may not be refunded and Providers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any Products and Services offered by Active. Active does not sell Travel Insurance and employees of Active are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any Travel Insurance, or evaluate the adequacy of any Customer’s prospective or existing Travel Insurance coverage.
9. AIR TRAVEL AND GROUND TRANSFERS
ACTIVE DOES NOT BOOK AIRLINE RESERVATIONS OR GROUND TRANSFERS ON BEHALF OF CUSTOMERS. It is each Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Active shall not be responsible for any air travel or ground transfers.
10. HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
It is the responsibility of each Customer to determine whether any immunizations or vaccinations and/or required documentation of same are required by any governmental entities prior to departure, upon landing or return for destinations on Customer’s travel itinerary. Active shall not be responsible or liable for any loss incurred in the event of your failure to have any required immunizations, vaccinations and/or required documentation of same for your journey.
11. CERTAIN ADDITIONAL RESTRICTIONS FOR CLUB MEMBERS
The Products and Services and any special offers or savings associated with such Products and Services offered through this Site are exclusively for the use and benefit of our Customers and are not available to the general public. Membership in Active’s Club is at the sole discretion of Active, and is limited to client(s) and prospects of Active, employees of Active and its client(s), and may be extended to include, at the discretion of Active, their respective family and/or friends (or such family and/or friends may be allowed, as authorized users, to utilize the Product and Services acquired by a Customer). Employees of Active, its affiliates or subsidiaries who are Customers will, at all times, remain responsible for ensuring that any of their friends and family members who are authorized users of Products and Services comply with these Terms and/or any additional terms and conditions applicable to such Products and Services.
Club members are subject to additional restrictions and requirements as follows: (i) to keep any savings realized by booking with the Club confidential as discussing savings and/or benefits acquired through the Club with any third parties, including, without limitation, travel agents, other guests/travelers or Providers, in each instance will damage our relationships with our Providers and will result in immediate membership termination; (ii) to not (or attempt to) resell/auction/transfer any Products and Services, including, without limitation on VRBO, Airbnb, SkyAuction, or EBAY; (iii) to only use Product and Services for personal, leisure use – no business travel is allowed; (iv) all reservation requests are subject to general availability at the time of receipt and certain other restrictions may apply, including blackouts (travel offers are subject to change and/or termination by Active at any time without notice): (v) all Product and Services are made available by Active strictly in its sole discretion, quantities are limited and provided on a strictly first come/ first serve basis, and Active may change, withdraw or terminate any offering(s) at any time; (vi) no travel purchased from Active may replace any pending reservation(s) or existing booking(s) any Club members may have with the same travel provider (even if cancelled by the Club member), i.e. you cannot cancel and rebook through Active to acquire savings; (vii) all reservation requests must be made directly and exclusively with Active’s Reservation Center M-F 8:30 am to 5:30 pm excluding all major holidays at 1-800-852-8864 or firstname.lastname@example.org (please do not contact any Provider(s) directly).
13. SERVICES AND CONTENT
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime. Our Reservation Center is open M-F 8:30 am to 5:30 pm excluding all major holidays and may be contacted at 1-800-852-8864 or email@example.com
Through our Site, we provide an online platform through which you can browse different types of then available Products and Services and make and/or request to make a Booking, including making payment for such Bookings on line in advance with a credit card.
When rendering our services, the information that we disclose about Products and Services is based on the information provided to us directly or indirectly by Providers (or service providers engaged or licensed by us or Providers to provide information about Providers), including all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Additionally, changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. We assume no liability or responsibility for any errors or omissions regarding information provided on the site about Products and Services or any Provider. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site.
In case of problems, our Reservation Center customer service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Provider. Please note that Active’s inventory with Providers is finite, and that when a search result indicates that a particular Provider is not available through our Site, that means the room type is not available for reservation through us.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Providers or Products and Services listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site.
To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but are not limited to: Provider request(s), actual or suspected violation of Club rules, e.g. reselling of any accommodations booked through the Site on an individual, breach of the Terms, force majeure events, trade or economic sanctions, embargoes, legal restrictions, closures (by reason of pandemic, e.g. Covid 19 or otherwise) (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, payment instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations, etc. If your booking is rejected or cancelled by Active and a payment has already been made, you will receive a refund of the total booking value, (except in the case of breach of the Terms wherein refund of the total booking value or any part thereof is not justifiable).
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your booking is affected by an obvious error, we will notify you by email at the address you provided when you made the booking and will adjust the booking, and will, if relevant, refund some or all of the amount charged.
A star or other denoted ratings, or any reference on the Site to a rating on the Site are provided for your information only and are based on information we have received from Providers or services providing information about Providers to our Site. We do not independently verify star ratings. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances.
A Word About Bookings
Your reservation is not Booked until and unless you receive a written confirmation issued by the Site or our Reservation Center. You should not take any action based on information on the Site until you have received a written confirmation of your Booking. A Booking request does not constitute a Booking until you receive a written confirmation. We endeavor to send written confirmations within 24 hours of receipt of your Booking request sent on the Site or via email to our Reservation Center; provided however, if you send a Booking request on a Saturday or Sunday, we send confirmations on the following Monday. If you have not received a confirmation of your Booking request via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our Reservation Center. The contact information for the Reservation Center is provided below in Section 22 of these Terms.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
14. HOTEL ACCOMMODATIONS AND TAXES – TWO MODELS
Hotel accommodations marketed on our Site are offered pursuant to two different models. Under the first model, you will pay Active the prevailing room rate available to Active, including room taxes. Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, you will be required to pay all such applicable room taxes directly to the hotel at checkout.
15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Active makes no representation(s) or warranty(ies) of any kind or nature, including, without limiting the generality of the foregoing, regarding this Site, any Provider(s) or any Products and Services, all of which are provided on an "AS IS" basis. ACTIVE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND AND NATURE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MERCHANTABILITY, FITNESS FOR A PARTICULAR, SUITABILITY OF ANY PROVIDER(S), PRODUCTS AND SERVICES, OR TRAVEL DESTINATIONS, THE USE OF THIS SITE, INCLUDING THAT THIS SITE OR ITS CONTENT WILL BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE AND NOT INTERCEPTED.
The fact that Active is including or offering any Products and Services on the Site or through its Reservation Center is not an endorsement or a recommendation of any Provider(s) or Products and Services.
16. LIMITATIONS OF LIABILITY, DISCLAIMERS AND RELEASE
When booking Products and Services on this Site or through Active’s Reservation Center, Active is acting solely as a booking agent for each Provider (each of which is a disclosed principal), and Active is not the source or provider of the Products and Services. Each Provider is an independent entity with its own management, and is not subject to the control of Active Customer is advised that Providers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those Providers, and understands and agrees that Customer is subject to each Provider’s terms and conditions which may be found on their respective Web sites or other travel documentation issued by Providers, and which govern each Provider’s Products and Services (including any booking made on your behalf by Active). All bookings are accepted by Active (either on this Site or through its Reservation Center) solely as agent for the relevant Providers on your travel confirmation or other documentation. All Products and Services provided by the identified Providers are subject to the respective Provider’s terms and conditions contained in any tickets, exchange orders or vouchers issued by them and/or their suppliers, including the terms and conditions on their respective Web sites.
EACH CUSTOMER (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY GUEST(S) OR OTHER TRAVELER(S) ACCOMPANYING ANY CUSTOMERS) AGREES THAT ACTIVE IS NOT RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY CLAIMS, LIABILITY, ACTIONS, CAUSES OF ACTION, AND/OR DAMAGES OF WHATSOEVER KIND OR NATURE (COLLECTIVELY “DAMAGES”), WHETHER FOR PERSONAL INJURY, PROPERTY LOSS, DEATH OR OTHER DAMAGES) ARISING OUT OF OR RELATED TO ANY ACT(S), OMISSION(S), NEGLIGENCE, REPRESENTATION (OR MISREPRESENTATION), BREACH, OR WARRANTY OF OR BY ANY PROVIDER(S) OR OTHER THIRD PARTY, E.G. ANY HOTEL(S), RESORT(S), CRUISE LINE(S), AIRLINE(S), RENTAL CAR COMPANY(IES), ETCETERA, INCLUDING WITHOUT LIMITATION, BY REASON OF ANY OVERBOOKING, DELAYS, CANCELATIONS, MISSTATEMENTS, STRIKE, FORCE MAJEURE EVENT (E.G. HURRICANE, FLOOD, PANDEMIC, ETC.) OR ERRORS IN THE PROVIDERS’ BROCHURES OR WEBSITE AND HEREBY EXPLICITLY RELEASE, DISCHARGES AND AGREES TO HOLD HARMLESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE AND ITS SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, ONE AND ALL, FROM ALL SUCH DAMAGES, INCLUDING ALL “COSTS”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ACTIVE BE LIABLE TO ANY CUSTOMER(S) OR ANY OTHER PARTY(IES) (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY GUEST(S) OR OTHER TRAVELER(S) ACCOMPANYING ANY CUSTOMER(S)), FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (I.E. WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY CONFIRMATION(S) AND/OR BOOKINGS OF PRODUCTS AND SERVICES ISSUED AND/OR MADE THROUGH THIS SITE OR ACTIVE’S RESERVATIONS CENTER; (II) ANY PRODUCTS AND SERVICES PROVIDED BY ANY PROVIDER(S) AND/OR ANY ACT(S), ERROR(S), OMISSION(S), NEGLIGENCE, MALFEASEANCE OR OTHER ACTION(S) OR ACTIVITIES OF ANY PROVIDER(S), OR OF ANY PROVIDERS’ EMPLOYEES OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY MISREPRESENTATION, BREACH, INJURY, LOSS, ACCIDENT, DELAY, OVERBOOKING, CANCELLATION, FAILURE OR OTHER DELAY IN PROVIDING PRODUCTS AND SERVICES, OR INADEQUATE DELIVERY OF ANY PRODUCTS AND SERVICES; (III) ANY USE OR INABILITY TO USE ANY PRODUCTS AND SERVICES; (IV) ANY USE OF THIS SITE; AND (V) ANY OTHER MATTERS OUTSIDE OF ACTIVE’S CONTROL, REGARDLESS IN EACH INSTANCE OF WHETHER ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO OR ARISING IN CONNECTION WITH ANY BOOKING MAY BE BROUGHT BY YOU MORE THAN SIX MONTHS AFTER THE EARLIER OF THE DATE OF SALE THE PRODUCTS AND SERVICES, COMPLETION OF TRAVEL, AND THE DATE THAT SUCH ACTION HAS ACCRUED.
If, despite the foregoing limitation of liability, Active is found liable by a court of competent jurisdiction for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Active's liability will in no event exceed, in total, the sum of the cash amount actually paid by a Customer to Active as the purchase price for the Products and Services purchased from Active.
You agree to defend and indemnify Active and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Active as a result of (i) your breach of these Terms, or (ii) your violation of any law or the rights of a third party.
18. DISPUTES; ARBITRATION
All Customers irrevocably agree that binding arbitration in New York, New York before one (1) arbitrator shall be the exclusive method (rather than a civil trial, with or without a jury) to resolve any dispute, claim or controversy arising between Active and any Customer, including, without limiting the generality of the foregoing, under these Terms, and/or any Booking of Products and Services made on this Site or through Active’s Reservation Center, or any breach, termination, enforcement, interpretation or validity thereof. In addition to all other matters, the arbitrator shall have exclusive authority to determine any and all issues and matters relating to the scope of the arbitration, the arbitrability of any claim or dispute, the validity of the agreement to arbitrate, and the arbitrator’s jurisdiction. The arbitration and the selection of the arbitrator shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, including the Recommended Arbitration Discovery Protocols for Domestic Commercial Cases as set forth in Rules 16.1 and 16.2, as amended. The arbitrator shall have authority to hold hearings at any location or in any jurisdiction in aid of obtaining information and testimony from third parties. Judgment on the award or any interim award may be entered in any court having jurisdiction. In any arbitration hereunder, the arbitrator shall award to the prevailing party, if any, the reasonable attorneys’ fees and costs reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines that a party prevails on some, but not all, of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator selected shall be a former judge or an attorney with experience as a partner of a major law firm and have at least ten (10) years’ experience with business matters, business relationships and related financial matters. This clause shall not preclude parties from seeking provisional remedies from any court of competent jurisdiction in jurisdiction as may be necessary to preserve the status quo and in aid of arbitration. This arbitration provision shall be governed and interpreted solely in accordance with the Federal Arbitration Act, 9 U.S.C. §§1 et seq.
19. INTELLECTUAL PROPERTY RIGHTS
This Site (including the programming for the Site) and its Content is the sole and exclusive property of Active or its licensors. Active and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site and its Content. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Your Comments and Submissions
Any communications or materials you transmit to Active, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Active, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually. Active grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way.
Except as provided above, you may not:
Unless otherwise provided within these Terms, or unless specific applicable law requires Active to allow you to do so, you may not do any of the following without the prior written consent of Active:
Access to certain areas of the Site is only available to registered Customers. If you believe your password has been stolen or is otherwise being used without your authorization, please immediately notify Active and change your password by logging in to the Site and clicking “change password” under the “My Account” link located on the main menu.
Active, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass.
20. COPYRIGHT POLICY
You may not use the Site or any Products and Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is Active’s policy to terminate privileges of any Customer or other user of the Site who infringes the copyright of others upon receipt of prompt notification to Active by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512, Active has adopted the following policy concerning copyright infringement. Active respects the legitimate rights of copyright owners and their agents and representatives. Customers and others who use any part of the Site are required by these Terms to respect the legal protections provided by applicable copyright law.
Procedure for Reporting Copyright Infringements. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice and Takedown
If Active receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Active will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Active may, at its discretion, deny access to this Site by, or disable and/or terminate the accounts of, Customers or other users who may be infringers.
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
Email: firstname.lastname@example.org, with a required copy to email@example.com Upon receipt of proper notification of claimed infringement, Active will follow the procedures outlined herein and in the DMCA.
If Content you posted on the Site was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:
Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Customers who are infringers. So, if you are not sure whether Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
22. CONTACT INFORMATION
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or any Booking or Products and Services offered by Active, you may contact our Reservation Center M-F 8:30 am to 5:30 pm excluding all major holidays by calling us at 1-800-852-8864 or emailing at firstname.lastname@example.org. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address: c/o Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, New York 10965-8705