Terms of Service | The Worlds Best-Smelling Sunscreen

Terms of Service

Last Updated: August 7, 2025

Vacation Inc, and its subsidiaries and affiliates (“Vacation,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our website located at https://www.vacation.inc/ (the “Website”), and purchase products that are made available for purchase through the Website (“Products”), subject to the following terms and conditions (“Terms of Service”).

By visiting our Website, and/or purchasing our Products, you acknowledge that you have read, understood, and agree to be legally bound by these terms of use and the terms and conditions of our privacy policy (the “Privacy Policy”), which are hereby incorporated into these terms of use and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of the terms in the agreement, you may not access or use the Website and/or purchase our Products.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Website, Products, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Website. By continuing to access or use the Website and/or purchasing Products after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Website and/or purchasing our Products. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Product.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. USE OF PERSONAL INFORMATION

Your use of the Website and/or purchase of our Products may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at [insert link to privacy policy]), which is hereby incorporated by reference in its entirety.

2. ELIGIBILITY

The Website is available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By accessing the Website, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with Vacation. If you do not meet these requirements, you must not access or use the Services.

3. TERMS AND CONDITIONS OF SALE

Your purchase and use of our Products will also be governed by the following terms and conditions of sale:

Product Descriptions. Certain Products may be available exclusively online through the Website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. We attempt to be as accurate as possible but cannot warrant that Product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited. All Products, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any Product; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any Product.
Product Pricing. The price for Products available for purchase through the Website will be displayed to you on the Website in US dollars and are subject to change. The prices displayed include all fees and taxes, except for applicable state taxes and fees and shipping charges which are calculated and displayed at checkout.
Order Acceptance. All purchases you make on or through the Website are subject to our acceptance. Your receipt of an order confirmation does not signify that we have accepted your order. We reserve the right at any time after receipt of your order to accept or decline your order for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund. We may require verification of information prior to the acceptance and/or fulfillment of any order.
Payment. When you purchase Products through the Website, you shall pay all applicable fees in connection with your purchase. We use various third party payment processors (each, a “Third Party Payment Processor”) to process your payment. More details on our current Third Party Payment Processors is available to you on the applicable payment screen when you make the purchase. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Processor, and that all information you provide is accurate. If payment is not received from your credit card issuer or any other payment facility, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All transactions on the Website will take place in U.S. dollars. We reserve the right to change any of the fees that we charge including any Product pricing, or to institute new or additional fees, at any time upon notice to you.
Returns and Refunds. Our Returns & Refunds policy is available at https://www.vacation.inc/returns-refunds.
Shipping. Our shipping policy is available at https://vacation.inc/shipping.

4. COMPLIANCE WITH APPLICABLE LAWS

Our Website is operated from within the United States. If you access the Website and/or purchase Products from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. Vacation makes no claim that the content of the Website may be utilized, accessed or appropriate outside the United States. If you purchase Products from Vacation and instruct us to have them shipped outside of the United States you will be the importer of record. Vacation makes no representations regarding Products’ compliance with regulations outside of the United States. You must adhere to any limitations on how much Product or the frequency by which it is purchased in your jurisdiction. You must not access or use the Website from a territory that is embargoed by the United States or from which it is illegal to receive Products, services, or software from the United States.

5. USER ACCOUNTS

In order to purchase Products through our Website, you may be required create an account by providing current, complete and accurate information as prompted by the online account creation process and by selecting a password (collectively, the “Account Credentials”). When creating your account, you must provide true, accurate, current, and complete information. Each Account Credential can be used by only one user. You are responsible for the confidentiality and use of your Account Credentials. You will promptly inform us of any need to deactivate or change any Account Credential or of any actual or suspected unauthorized use of any Account Credential or your account, or any other breach of security relating to the account. We reserve the right to delete or change your Account Credential at any time and for any reason. You represent and warrant that the information you provide to us during the account creation and at all other times will be true, accurate, current, and complete.

6. USER CONDUCT AND COMMUNITY GUIDELINES

You may use the Website only for lawful purposes and in accordance with this Agreement. Without limiting the generality of the foregoing, you agree to use the Website in accordance with the provisions below:

You will only use the Website in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You will be respectful and considerate of other users and do your part to make Vacation a safe, supportive community for all users.
You will register for creating an account on our Website using accurate and current information, and you will not impersonate or attempt to impersonate Vacation, a Vacation employee, another user or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).
You will only post User Content that is true and informative and otherwise positively impacts the substance of a conversation or topic.
You will not post User Content that infringes another’s intellectual property rights.
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Website
You will independently verify the quality, relevance or accuracy of any information posted on the Website by others.
You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Website or content on the Website in any form whatsoever other than as expressly permitted under this Agreement.
You will not use contact information received through the Website for phishing, spamming and other unsolicited communications or data collection.
You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
You will not use the Website in a manner intended to damage, disable, overburden or impair the Website or to disrupt or interfere with another's use of the Website.
You will not attempt to hack or otherwise gain unauthorized access to the Website or user accounts.
You will not use high volume, automated, or electronic means to access the Website (including without limitation robots, spiders or scripts).
You will not affect the display of the Website through use of framing, pop-ups or third-party ads.
You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Website.
You will not threaten, dox, or otherwise harass other users.
You will not post information that is inaccurate, false, fraudulent, or misleading, including submissions made under false pretenses.
You will not post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, racist, harmful, or otherwise objectionable material of any kind.
You will not act in a manner that violates this Agreement.
You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
You will notify us immediately of any content of the Website that violates this Agreement.

We have the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Vacation; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (v) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.

7. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

8. INTELLECTUAL PROPERTY

We retain all right, title and interest in and to the Website, all software and other technology relating to any of the foregoing, all any content or materials made available through any of the foregoing, together with all intellectual property rights embodied therein (“Content”). The Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other intellectual property rights or laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement and the functionality of the Website. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary or legal notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content outside the Website in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Vacation (the “Vacation Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Vacation. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Vacation Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Vacation Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

9. USER CONTENT

From time to time, we may allow you to post reviews, comments, or similar materials or content on the Website (collectively, the “User Content”). We cannot and do not review it all -- we are merely acting as a passive conduit for distribution of the User Content to other users of our Website. That said, we may remove User Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.

You expressly acknowledge and agree that once you submit User Content through our Website, it will be accessible by other users of the Website, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personal information that you may make available. YOU, AND NOT VACATION, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.

You retain all copyrights and other intellectual property rights in and to the User Content. You do, however, hereby grant Vacation a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of your User Content in connection with the Website and Vacation’s (and its successors’ or affiliates’) business, including without limitation for promoting and distributing our Products in any media formats and through any media channels. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Vacation, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Website, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Vacation does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Vacation does not knowingly permit infringement of intellectual property rights on its Website, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Vacation reserves the right to remove User Content without prior notice. Vacation will also terminate a user’s access to the Website, if a user is determined to be a repeat infringer. Vacation also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography and obscene or defamatory material. Vacation may remove such User Content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you submit User Content to us, each such submission constitutes a representation and warranty to Vacation (i) that such User Content is your original creation (or that you otherwise have the right to provide the User Content), (ii) that you have the rights necessary to grant the license to the User Content under the prior paragraph, (iii) that it and its use by Vacation and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, vulgar, defamatory, threatening, abusive, scandalous, unlawful, or obscene material or content that violates the terms of this Agreement or encourages a criminal offense, (iv) that such User Content shall not contain a review or any portion thereof that you were paid to write either directly or indirectly, and/or (v) that except as otherwise permitted by us in writing, such User Content will not contain any advertising, promotional, solicitation or other commercial material.

10. FEEDBACK

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas, criticism or other information you provide to Vacation concerning our Website, Products or services (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Feedback, you hereby grants Vacation full ownership of the Feedback as if Vacation had created, developed and posted the Feedback for its own purposes, with no obligation to pay you royalties or any other compensation. Please note this is different from User Content, which is addressed above. Vacation reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with Vacation’s products or services, including Products. You also acknowledge that Feedback will not be returned and Vacation may use Feedback, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you provide Feedback, you represent and warrant that you own or otherwise control the rights to the Feedback. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Vacation as to the origin of any Feedback. You agree to indemnify Vacation for all claims arising from or in connection with any claims to any rights in any Feedback or any damages arising from any Feedback.

11. INDEMNIFICATION

You will indemnify, defend, and hold Vacation and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Vacation Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Vacation Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Website, Content, any Product, and/or User Content; (iii) your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

12. NO WARRANTIES; LIMITATION OF LIABILITY

NONE OF VACATION OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VACATION PARTIES”) ENDORSE ANY CONTENT PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS IDENTIFIED, MENTIONED OR REVIEWED ON THE WEBSITE AND ANY USER CONTENT. EXCEPT AS EXPRESLLY SET FORTH IN THESE TERMS OF SERVICE, NONE OF THE VACATION PARTIES HAS ANY RESPONSIBILITY OR LIABILITY FOR ANY RESULTS CAUSED BY USING THE WEBSITE, CONTENT, USER CONTENT, AND/OR ANY PRODUCTS IDENTIFIED, MENTIONED OR REVIEWED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.

EXCEPT AS SET FORTH IN THESE TERMS OF SERVICE, THE WEBSITE, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND NEITHER VACATION NOR VAFATION’S SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND VACATION HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE PRODUCTS, AND/OR THE CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR THE CONTENT SHALL BE LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), AS APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE ANY TIME WITHOUT NOTICE.

13. TERMINATION OF THE AGREEMENT

We reserve the right to terminate or change the Website or your access to the Website, without notice, at any time and for any reason, including your violation of these Terms of Services or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity. You agree that Vacation may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Website. Vacation has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Website.

14. DIGITAL MILLENIUM COPYRIGHT ACT

Reporting Claims of Copyright Infringement

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Vacation Inc.
Attn: Legal Dept.555 East Loockerman St, Suite 120, Dover, DE 19901
Phone: 646-856-9962
Email: vacation@vacation.inc

If you believe that your work has been copied on any of the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).

Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the Act.

15. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Website, the Products, or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

16. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

18. CONTROLLING LAW; EXCLUSIVE FORUM

The Agreement and any action related thereto will be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. Except for disputes that are subject to arbitration under Section 16, the parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

19. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to this Agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

20. MISCELLANEOUS

If the Agreement is terminated in accordance with the termination provision in Section 14 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “User Content,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. You may not assign this Agreement without our prior written consent. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

21. QUESTIONS

All feedback, comments, requests for technical support and other communications relating to the Website and/or Products should be directed to us at vacation@vacation.inc.