Last Updated: 01-12-2018
1. User’s Acknowledgements
As a condition of Your use of the Experiences by Welk Platform, You represent and warrant to Welk that:
1.1. You are at least eighteen (18) years of age and possess the legal authority to create a binding legal obligation.
1.2. If You are a Welk Product Purchaser (as defined in Section 9 below), You are current on all monthly payments and VOA Dues (i.e., association dues) pertaining to any Welk vacation ownership products You may own (failure to remain current may result in suspension or termination of Your access to the Platform).
1.3. You will only use the Platform to make purchases and reservations for You or for another person for whom You are legally authorized to act.
1.4. You will inform such other persons about these Terms that apply to the reservations You have made on their behalf, including all rules and restrictions applicable thereto.
1.5. You agree to safeguard Your log-in information, including, without limitation, any user identification numbers or codes, confirmation numbers, and passwords, and will be completely responsible for any use of Your account by You and anyone other than You, with or without Your knowledge.
1.6. You will not use the Platform to interfere with the security of the Platform, or any services, system resources, accounts, servers or networks connected to or accessible through the Platform, or to transmit any viruses or other harmful, disruptive or destructive files.
1.7. You agree to abide by the terms and conditions of any provider of the travel products, benefits, and/or services that You purchase through the Platform.
2. Access to Platform.
Access to the Platform provides You with information and pricing on hotels, car rentals, air travel, activities, and other travel services through the Platform using Your own computers, tablets and other compatible Internet-accessible devices using the login(s) and password(s) You establish through Your Platform account. Premium-level access to the Platform, which is granted during free trials and to Experiences by Welk purchasers, provides members with access to discounted rates on hotels, car rentals, activities, and other travel services. If Your free trial expires and You do not purchase a Premium membership, You will only be able to access non-Premium level information and pricing through the Platform, which does not include the same discounted rates for travel services only made available to Premium-level members (“Standard Access”).
3. Updates and Messages.
Welk may provide You with periodic e-mails, text messages, or other communications to alert You to Platform updates or opportunities available through the Platform (“Updates”). You agree that we may monitor and/or record Your telephone conversations with Welk for quality assurance and other purposes, and use automated telephone dialing, text messaging, pre-recorded messages, and e-mail to provide Updates to You about the Platform. Welk will not be liable to You for message and data costs or for messages received by unintended recipients.
4. Changes to Terms or Platform.
Welk reserves the right to change these Terms at any time. It is Your responsibility to review the Terms for updates or changes. You should not access or make purchases on or through the Platform if you do not agree with these Terms. Please note that by continuing to use or access the Platform after any changes to these Terms are made, You agree to these Terms as amended.
Welk reserves the right to modify or discontinue the Platform or any aspect or feature of the Platform at any time and without notice. From time to time, we may restrict access to the Platform or any portion of the Platform, to users consistent with applicable law and any additional terms governing the Platform.
5. Platform and Content.
The Platform is owned and operated by Welk (either by itself or through its third party vendors) and unless specifically stated or otherwise indicated, all content, including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, buttons, data compilations, icons, code, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on, the Internet or on web sites (referred to hereafter as “Content”) on the Platform is the property of Welk and protected by intellectual property laws, and therefore no Content may be copied, republished, posted, transmitted or distributed without Welk’s prior written approval except that You may print out one copy solely for your personal, non-commercial use so long as You do not remove or alter any copyright, trademark, trade name, service mark, or any other proprietary notices. Content owned by third parties may also appear on the Platform, and You should respect those property rights as well.
Welk does not represent that the Content we provide through the Platform is completely accurate or error free, and therefore any reliance on the Content is done at Your own risk. Any use of the Platform or its Content other than for the uses allowed in these Terms, including but not limited to other non-private, commercial purposes, is prohibited.
Any use of the Platform that could destroy, damage or impair any portion of the Platform or any computers, systems, hardware or software used by Welk, its third party vendors, or other users of the Platform, is prohibited.
The Platform is password protected, and may only be accessed by authorized users with a valid login and password established through valid use of the Platform. Any attempt to gain unauthorized access to the Platform or its Content, or any computers, systems, hardware or software used by Welk, its third party vendors, or other users of the Platform, through hacking, bypassing security features, or other similar means, is prohibited.
6. Passwords and Security
Through Your Platform account, You will establish a single login identification and password to access and use the Platform. You are responsible for maintaining the confidentiality of Your password. You will immediately notify Welk of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password. Welk reserves the right to place any account on hold anytime with or without notification to the user in order to protect itself and its partners from what it believes to be fraudulent activity.
You are responsible for all usage and activity associated with Your Platform account, including, without limitation, use of Your Platform account by any third party authorized by You to use Your Platform account, password, and login identification. You are responsible for any and all unauthorized use of Your Platform account. Any fraudulent, abusive, or otherwise illegal activity shall be a breach of this Agreement and may be grounds for termination of this Agreement, at Welk’s sole discretion.
You are responsible for updating and maintaining the truth and accuracy of the information You provide to Welk relating to Your Platform account.
7. Limited License.
By being granted access to the Platform, You are granted a non-exclusive, non-transferable, limited license to access and use the Platform, the Updates, and the Content for Your own personal use and enjoyment only and not for any commercial purpose.
You may access the Platform, including the data made available through the Platform, via the Internet and through the Experiences by Welk mobile application using Your own computers, tablets and other compatible Internet-accessible devices using the login(s) and password(s) You establish through your Platform account. This limited license includes the right to download and temporarily store the data made available on the Platform to storage devices under Your exclusive control. You may create printouts or other hard copies of the data made available on the Platform and the Updates for Your personal use.
You will not copy, republish, post, transmit, distribute, or otherwise use the data made available on the Platform and in the Updates except as expressly permitted by this Agreement, or with Welk’s prior written permission, or as allowed under the fair use provision of the United States Copyright Act, 17 U.S.C. § 107.
You will not sell, license, or distribute the Content available on the Platform and in the Updates to third parties or use the Content available on the Platform of any material offered for sale, license, or distribution without Welk’s prior written consent.
You will not remove or obscure any proprietary notices, including, without limitation, any and all copyright, trademark, and patent designations from the Platform, the data made available on the Platform, or the Updates.
You will not reverse engineer, decompile, disassemble, or otherwise attempt to discern source code of the components of the Platform, or reproduce all or any portion of the components of the Platform.
8. Violation of Terms.
If You violate any portion of these Terms, Welk reserves the right, without an obligation to do so, to deny You access to the Platform without any notice. Repeated violations of these Terms, including, without limitation, You sharing Your log-in information with a third party, may result in a permanent suspension of Your ability to access the Platform. Welk reserves the right to deny access to the Platform to anyone for any legally permissible reason, including, but not limited to, for violation of these Terms.
9. Free Trials.
Your Experiences by Welk membership may start with a free trial providing access to Premium-level Content within the Platform, which provides access to pricing on hotels, car rentals, activities, and other travel services, including pricing for certain such travel services at discounted rates. The free trial period lasts for ninety (90) days, or as otherwise specified during sign-up. Welk reserves the right, in its absolute discretion, to determine Your free trial eligibility and the duration of Your free trial. Free trials are for new Experiences by Welk members, as well as for certain existing owners or purchasers of Welk timeshare or other vacation products (such existing owners or purchasers are referred to herein as “Welk Product Purchasers”). During Your free trial period, You will have the option to purchase a yearly Premium-level membership at the current listed price, subject to annual renewal fees which are subject to change and may increase over time. If You do not purchase a Premium-level membership before Your free trial period expires, Your Premium-level membership will automatically expire, and You will only be able to access non-Premium level Content through the Platform, which does not provide access to the same discounted rates for the travel services available for purchase through the Platform.
Welk may, in its absolute discretion, offer an extended free trial period Premium-level Experiences by Welk membership, including, without limitation, a complementary one-year membership, to certain Welk Resorts Platinum Program or Auditions purchasers, which may be renewed through payment of the annual renewal fee.
10. Welk Product Purchasers.
With respect to Welk Product Purchasers, Experiences by Welk membership is not necessary for the use and enjoyment of Your other Welk vacation ownership products, and Experiences by Welk membership is provided to You as an additional, incidental benefit. Your Experiences by Welk membership is completely voluntary, and no payment of fees or costs associated with Your Experiences by Welk membership is required from Welk Product Purchasers who choose not to continue their Experiences by Welk membership. No costs associated with the Experiences by Welk Platform are passed on to Welk Product Purchasers as a common expense in their timeshare plan (i.e., no portion of VOA Dues are used for the Platform).
During any free trial period, Welk Product Purchasers must be current on all monthly payments and VOA Dues (i.e., association dues) with respect to their other Welk timeshare or other vacation products to access and use the Platform. Failure to remain current on such monthly payments and VOA Dues may result in suspension or termination of Your access to the Platform.
11. Welk Reward Credits.
Welk may provide Welk Reward Credits to You in connection with its marketing and sales of vacation ownership products, and in connection with Your use of the Platform. Welk Reward Credits may be applied toward your future purchases of travel products, benefits, and services through the Platform. The current redemption value for every 100 Welk Reward Credits is $1 toward purchases through the Platform. With respect to Welk Product Purchasers, a minimum of 10,000 Welk Reward Credits is required to make a payment toward VOA Dues (i.e., Association Fees). The quantity and manner of distribution of Welk Reward Credits, and the redemption value of Welk Reward Credits, shall be determined by Welk in its sole and absolute discretion. Welk Reward Credits are non-transferable and currently expire after thirty (30) months. The expiration period is subject to change at any time.
12. Terms and Conditions of Platform Purchases.
Additional terms and conditions may apply to purchases and to specific portions or features of the Platform, including, without limitation, reservations, bookings or other similar features, which terms and conditions are made part of these Terms by this reference. You agree to abide by the terms and conditions of any provider of the travel products, benefits, or other services You purchase using the Platform.
13. External Links.
The Platform may contain links to external, third party sites along with relevant commentary or summaries. By providing links to other sites, Welk does not guarantee, approve or endorse the information or products available on those sites, and a link does not indicate any association with or endorsement by Welk or the Platform.
Welk does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Welk does not represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.
You may not establish a hyperlink to the Platform or provide any links to the Platform that state or imply any sponsorship or endorsement of Your website by Welk without our prior written consent. You are not permitted to frame any Content on the Platform or use any trademark or other intellectual property owned by Welk without our prior written consent.
The Platform may contain advertisements. These advertisements may contain links to the advertisers’ sites.
By allowing third parties to advertise on the Platform, Welk does not guarantee, approve or endorse the information, products or services being advertised, and the advertisement does not indicate any association with or endorsement by Welk or the Platform of the advertiser or advertised service or product.
Welk does not operate or control and has no responsibility for the information, products and/or services found on any external sites linked to through an online advertisement. Welk does not represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
You assume complete responsibility and risk in your reliance on information contained in any advertisement or the use of any external sites. You should direct any concerns regarding any advertised service or product or an external link to the advertiser or its site administrator or webmaster. Any access or use of external links and sites is subject to those sites’ terms and conditions/use and privacy policies and should be reviewed accordingly.
15. Price Matching.
Price matching of up to 110% may be available to match prices available through online travel agencies on certain items. Price matching applies only with respect to prices available through retail online travel agencies (e.g., no price matching is available for bulk buyer, travel club, or discount buyer organization prices) for identical items and identical circumstances. Price matching is NOT available for airline tickets. For hotels, the price match is determined by the base cost for the same dates, hotel, room type, and view. Unless included in the reservation made through the Platform, packaged items or add-ons such as on-site or on-board credits, coupons and discounts, government taxes and surcharges, recovery charges, insurance fees, resort fees, fuel charges, activities or similar are excluded in rate comparisons. All price matching requests are subject to verification.
Accessible accommodations are available for reservations made through the Platform. To make requests for specific accessibility needs, please make your request in the “Special Requests/Comments” box upon Checkout.
17. Warranty Disclaimer
PURCHASES OF TRAVEL PRODUCTS, BENEFITS, AND SERVICES THROUGH THE PLATFORM MAY BE FULFILLED BY THIRD PARTIES. WELK HAS NO OBLIGATION AND MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO SUCH FULFILLMENT, THE PLATFORM, THE EXPERIENCES PREMIUM PROGRAM, OR THE PRODUCTS, BENEFITS, AND SERVICES THEMSELVES, INCLUDING WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WELK EXPRESSLY DISCLAIMS AND YOU IRREVOCABLY WAIVE, EACH OF THE FOREGOING WARRANTIES.
ALL PRODUCTS, BENEFITS, AND SERVICES OFFERED THROUGH THE PLATFORM ARE SUBJECT TO AVAILABILITY, AS WELL AS ANY TERMS, CONDITIONS, DISCLAIMERS, OR RESTRICTIONS IMPOSED BY THE PRODUCTS, BENEFITS, AND SERVICES, OR AS DISCLOSED BY WELK. PURCHASERS ARE RESPONSIBLE TO CONFIRM THEIR RESERVATIONS WITH PROVIDERS IN ADVANCE OF THEIR STAY/USE AND TO FAMILIARIZE THEMSELVES WITH ALL TERMS, CONDITIONS, DISCLAIMERS, OR RESTRICTIONS IMPOSED BY SUCH PROVIDERS.
THE PLATFORM, PLATFORM WEBSITE AND ITS CONTENT, UPDATES AND CONTENT AVAILABLE ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WELK DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WELK DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS(S) THAT MAKE THE PLATFORM WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WELK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WELK OR ITS THIRD PARTY VENDORS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. MEMBER, AND NOT WELK, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM. WELK MAKES NO WARRANTIES THAT YOUR USE OF THE PLATFORM, THE PLATFORM WEBSITE AND ITS CONTENT, THE UPDATES, AND CONTENT AVAILABLE ON THE PLATFORM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SITE AND CONTENT.
18. Copyright Infringement
If you believe that any Content on the Platform infringes your copyright and you want the Content removed from the Platform, please send a detailed message to:
Service Provider: Welk Resort Group, Inc.
Designated Agent: Experiences by Welk Customer Success Representative
Address: 300 Rancheros Blvd., Ste. 450, San Marcos, CA 92069
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
18.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
18.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
18.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
18.4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
18.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
18.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You believe that any Content on the Platform violates or infringes Your intellectual property rights other than copyright claims referenced in the this section, please send a detailed e-mail to email@example.com detailing Your allegation or complaint. We take infringement of a party’s intellectual property rights very seriously and will investigate the matter accordingly.
19. Dispute Resolution
Resolving customer concerns where reasonably possible to do so is important to us. If Your concern has not been resolved, you may contact our customer service center at (888) 372-5332. If we cannot agree, then any dispute must be resolved as set forth below:
19.1. Any dispute, claim, suit, demand or controversy arising out of or relating to the use of Your Experiences by Welk membership, this Agreement, the Platform, the Platform Content, and Content available on the Platform, including without limitation the breach, termination, enforcement, interpretation, or validity thereof, and/or the scope or applicability of this arbitration agreement, (“Dispute”), shall be determined exclusively and finally by arbitration. Arbitration is a process whereby a dispute is submitted to an arbitrator, for a final and binding determination, known as an award. The arbitrator is an individual, similar to a judge, who reviews and weighs evidence provided by both Parties, and renders an award enforceable in court. Decisions by an arbitrator are as enforceable as any court order and are subject to very limited review by a court. By agreeing to mandatory and binding arbitration, You are agreeing to waive the right to go to court to enforce or defend Your rights, and to waive Your rights to a jury trial and to litigate claims on a class-wide or class-action basis. The parties’ rights will be determined by a neutral arbitrator. If any part of this Section 19 other than the class action waiver in this paragraph is declared unenforceable, the remainder shall be enforceable. If the class action waiver is declared unenforceable in a proceeding between You and Welk, without impairing the right to appeal such decision, this entire Section 19 (except for this sentence) shall be null and void in such proceeding. It is intended that this agreement to arbitrate be broad and comprehensive and includes, without limitation, any Dispute arising out of or related to Your use of Your Experiences by Welk membership, the Platform, the Platform website and its Content, and Content available on the Platform, Your purchases of Welk timeshare or other vacation ownership products, Your participation in any activities/events sponsored, organized, or made available by Welk or its affiliates, and Your use of the products, benefits, and/or services accessed through or purchased using the Platform.
19.2. The arbitration shall be administered by Judicial Arbitration and Mediation Service (“JAMS”), JudicateWest, or ADR Services, Inc. (as chosen by the party initiating the arbitration). The arbitration shall be held in San Diego County unless another location has been agreed to by the parties in writing. The parties can appear at the arbitration in person, via telephone, or via video conference (if available). Either party may submit its position for decision on the papers (solely by written presentation) in a format that is fair to both parties and acceptable to the Arbitrator. If You initiate the arbitration, Welk will pay all administrative and arbitrator fees that exceed the amount of the filing fees that You would have to pay if You had brought a lawsuit in state court (in San Diego County). The arbitration shall be held before a single arbitrator and shall be conducted pursuant to this Agreement, the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) (“FAA”) and the JAMS Streamlined Rules and Procedures. The arbitrator shall follow applicable substantive law consistent with the FAA, apply applicable statutes of limitations, honor valid claims of privilege, and issue a written reasoned decision which will be final and binding except for any review under the FAA. The arbitrator may award all remedies that would apply in an individual court action (subject to constitutional limits that would apply in court). The arbitrator shall resolve the Dispute as quickly as possible, within one hundred eighty (180) calendar days from the commencement date where reasonably possible. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitrator shall be entitled to award any damages provided for under applicable law.
19.3. The arbitration award shall be final and binding on the parties, and if the arbitrator’s award is equal to or less than Five Thousand Dollars ($5,000.00) there shall be no right of appeal. Judgment on the arbitrator’s award may be entered in any state or federal court of competent jurisdiction. In the event of a conflict between the applicable arbitration rules and this Agreement, then this Agreement shall govern. The parties retain the right to commence an action in a small claims court that is within the scope of the California small claims court’s jurisdiction unless: (i) that small claims action is transferred, removed or appealed to a different court; (ii) the Dispute is already in a pending arbitration proceeding; or (iii) the Dispute has already been resolved in arbitration.
20. Governing Law
Except as otherwise prescribed below in this Section 20, this Agreement shall in all respects be construed, interpreted, and enforced in accordance with the laws of the State of California, without regard to its conflicts or choice of laws principles. The Parties agree that this Agreement evidences a transaction involving interstate commerce so as to ensure the applicability of the FAA. In the event of a conflict between California law and the FAA, the FAA shall govern. The parties unequivocally agree that all Disputes (defined above) between the Parties shall be brought exclusively within the County of San Diego, State of California.
22. Limit of Liability.
IN NO EVENT SHALL THE INDEMNIFIED PARTIES (DEFINED ABOVE) BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THIS WEBSITE AND YOUR EXPERIENCES PREMIUM ACCOUNT. WELK’S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO EXPERIENCES BY WELK AND YOUR EXPERIENCES PREMIUM ACCOUNT SHALL BE FOR ANY PURCHASE PRICE AND/OR RENEWAL FEES THAT YOU HAVE PAID FOR YOUR EXPERIENCES PREMIUM ACCOUNT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ALL RIGHTS AND REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE TO YOU AT LAW OR IN EQUITY.
23. Merger and Severability.
25. Electronic Communication.
You authorize Welk and all of its parent, subsidiary and affiliate companies, as well as any successors, assigns, agents or other representatives, to contact you for marketing purposes using all available channels of communication, including by email to the email address provided, or to any of your future email addresses, and/or by using any form of automated technology to call, send text messages, or deliver communications using an artificial or prerecorded voice, to any of your telephone number(s), including your wireless number(s), or any of your future telephone and/or wireless numbers. You understand that message and data charges may apply. You understand that this consent is not required to make purchases. You understand that any of your telephone calls with the entities referred to in this paragraph may be monitored and/or recorded. To terminate your consent to any of the forms of communication listed above, please contact an Experiences by Welk Support at (888) 372-5332 or via email at firstname.lastname@example.org.
Please confirm your agreement with the above-stated Conditions of Use by clicking the “I Agree” button below.