WHAT YOU SHOULD KNOW

Welcome to the MexicoMayanResorts.com web site (the "Web Site") controlled and operated by Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX) (referred to herein as: "RR", "We", "Our", or "Us"). The goal of this Web Site is to provide you ("You" or "Your") with access to vacation information, products, services, and related links to meet your needs. This Web Site is offered to You, conditioned upon Your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of this Web Site constitutes Your agreement to the Terms. Please read the Terms carefully before using this Web Site. You may use this Web Site as long as You comply with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE.

In accordance with Our goals, this Web Site may permit you to link to other web sites that may or may not be affiliated with this Web Site and/or RR and that may have web site terms and conditions that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the web site terms, conditions, and policies of those sites and not this Web Site.

MODIFICATION OF THE TERMS

The Terms may change without notice to You, and it is Your responsibility to check the Terms each time You use this Web Site. RR reserves the right, in its sole discretion, to modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site You have agreed to be bound by the Terms that are in effect at the time of Your use of this Web Site.

PRIVACY POLICY

RR's Privacy Policy describes the information We gather, how We use it, and how You may correct or change Your information. For the details of RR's Privacy Policy, please review Our full Privacy Policy

RELATIONSHIPS: BETWEEN US AND YOU; BETWEEN US AND CERTAIN FRANCHISEES; AND BETWEEN US AND ALL OTHER PROVIDERS

You and We are dealing at arms' length, creating a commercial relationship. We are not Your agent or Your fiduciary.

Accommodations may be provided on this Web Site by two general categories of third parties – independently owned and operated franchisees of RR ("Franchisees") as well as other independent third parties. All such Franchisees and other independent third parties shall be referred to collectively herein as "Providers."

Franchisees are separate and distinct entities and Our service (vacation property rental internet advertising) is separate and distinct from the products and services that are provided by the Franchisees. These Franchisees are independent contractors and no agency, partnership, joint venture, or employer-employee relationship is intended or created by these Terms.

Likewise, the other third parties who also provide accommodations on this Web Site are independently owned and operated and are separate and distinct from RR. These parties are also independent contractors and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms.

OWNERSHIP, TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site is controlled and operated by Resort Rental, LLC, 7 Sylvan Way, Parsippany, NJ 07054. All content on this Web Site, including, but not limited to, text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by RR, its affiliates ("Affiliates"), or the Providers that have licensed their content or the right to market their products and/or services to RR. Content on this Web Site or any web site owned, operated, licensed, or controlled by RR, the Affiliates, or the Providers is solely for Your use in making reservations on behalf of Your clients. RR grants You a limited, non-transferable license to use this Web Site in accordance with the Terms herein. You may only use this Web Site to gather legitimate information or make legitimate reservations or purchases and shall not use this Web Site for any other purpose including, without limitation, making any speculative, false, or fraudulent reservations or any reservation. Without the prior written consent of RR, the Affiliates, or the Providers, as applicable, your modification of the Web Site content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than as set forth herein, violates the rights of RR’s, the Affiliate’s (s’), and/or the Provider’s (s’) copyrights, trademarks, service marks, and/or other proprietary rights, and such violation is strictly prohibited.  You may request consent by faxing a request to RR Legal at 973-753-6207, attention “General Counsel”. As a condition to Your use of this Web Site, You warrant to RR that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms including, without limitation, the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site shall immediately terminate without the necessity of any notice to You. RR retains the right to deny access to anyone at its discretion for any reason including any violation of the Terms. You may not use on Your web site any registered or unregistered trademarks, service marks, or copyrighted materials appearing on this Web Site including, but not limited to, any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another web site any of the content or other materials on this Web Site without the prior written consent of RR.

USER'S RESPONSIBILITIES

You are solely responsible for Your Information, and We act as a passive conduit for the online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any information or data that is generated by this Web Site as a result of Your use of this Web Site.

You are solely responsible for maintaining the confidentiality of Your account information and any identification numbers or codes (collectively, "User ID's"), confirmation numbers, and/or passwords provided to You or by You (as applicable) in the use of this Web Site. You agree to accept responsibility for all activities that occur under Your account, User ID's, confirmation numbers, and/or passwords. You shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties except as may be necessary to provide Your services to Your clients.  It is Your responsibility to notify Us if We need to change or discontinue any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of a User ID, confirmation number, or password upon Your knowledge or belief that such User ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred.

You represent and warrant that You are of sufficient legal age and possess the legal authority to: (a) use this Web Site in accordance with the Terms herein; and (b) be legally bound for any liability You may incur as a result of Your use of this Web Site. You understand and agree that You are financially responsible for all uses of this Web Site by You and those who use Your login information. You also warrant that all information supplied by You and by those who use Your login information is true, accurate, current, and complete. If You provide any Information that is untrue, inaccurate, not current, or incomplete (or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current, or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web Site.

PROHIBITED ACTIVITIES

You are specifically prohibited from using this Web Site for any of the following reasons: (a) to take any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure, including, but not limited to, "spam" or other such unsolicited mass e-mailing techniques; (b) to disclose the assigned confirmation numbers and/or passwords to any unauthorized third parties, except as may be necessary to provide Your services to Your clients, or to use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising, or in any way making up, a part of this Web Site; (d) to upload, post, email, or otherwise transmit any Information, content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) to violate any applicable local, state, national, or international law, including, but not limited to, any regulation having the force of law; and (f) to use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor, or copy web pages from this Web Site, or content on this Web Site without RR’s prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

INFORMATION POSTED TO WEB SITE

With respect to all Information You elect to post to this Web Site, You agree that We have the right to use, reproduce, modify, publish, and display such Information (in whole or part) worldwide, subject to the terms of the RR Privacy Policy Privacy Policy

LINKS

Please exercise discretion while browsing the Internet and using this Web Site. You should be aware that when You are using this Web Site, You could be directed to other sites that are beyond Our control ("Linked Sites") which are operated by parties other than RR. The Linked Sites are provided for Your convenience and information only. For example, if You "click" on a banner advertisement or a search result, the "click" may take You off of this Web Site. This includes, but is not limited to, links from advertisers, sponsors, and content partners that may use RR’s logo(s) as part of a co-branding agreement. We do not control such Linked Sites and are not responsible, or liable, for Your use of such Linked Sites or for the accuracy or legality of information, content, or any other materials contained on or available from Linked Sites. As such, You access the Linked Sites at Your own risk. By providing these links, We are not endorsing, sponsoring, or recommending any such Linked Sites or the information, content, or other materials contained on, disseminated by, or services provided by or through them (whether or not RR is affiliated with the owners of such Linked Sites). We make no representations concerning the content of Linked Sites. Linked Sites may have terms of use that differ from, or contain terms in addition to, the Terms specified herein. Additionally, the Linked Sites may have privacy policies that differ from RR’s Privacy Policy. Your use of Linked Sites through links provided on this Web Site is governed by the terms of use, privacy policies, and/or any other policies of the Linked Sites and not this Web Site.

You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of Your web site by RR or the Affiliates. RR reserves the right to disable links from any third party site to the Web Site.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, WE AND THE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND HEREBY DISCLAIM LIABILITY FOR INACCURACIES, ERRORS, OR MISREPRESENTATIONS RELATING TO THE CONTENT AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).

WE AND THE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE AND THE INCLUSION OR OFFERING FOR SALE, RENT, OR OTHERWISE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY RR OR THE AFFILIATES.

ALL SUCH CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS AND WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH (UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS) ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE AND THE AFFILATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NEITHER WE NOR THE AFFILIATES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

THE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF RR OR THE AFFILIATES. RR AND THE AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY OF THE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT RR OR THE AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER RR, NOR THE AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR ANY OTHER FORM OF LEGAL OR EQUITABLE REMEDY, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE (OR ANY OTHER LINKED SITE), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE (OR ANY OTHER LINKED SITE), OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RR AND/OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RR AND THE AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RR AND THE AFFILIATES ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER ACCESSORS OF THIS WEB SITE OR OF ANY OTHER THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, RR'S AND THE AFFILIATES’ LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION HEREWITH OR ASSOCIATED HEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless RR and the Affiliates its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any claim, cause of action, demand, recovery, loss, damage, fine, penalty, or other cost or expense, of any kind or nature including, but not limited to, reasonable attorneys' fees, resulting from any violation by You of these Terms or Your use of this Web Site.

THIRD PARTY RIGHTS

These Terms are for the benefit of RR, the Affiliates, and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the content contained in this Web Site is presented solely for Your convenience and/or information. This Web Site is controlled and operated by RR from its offices in Parsippany, NJ. RR makes no representation that content on this Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable. You may not use or export the materials on this Web Site in violation of U.S. export laws and regulations. If use of this Web Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in Your jurisdiction(s), You are not authorized to view or use this Web Site and must exit immediately. Your viewing and/or use of this Web Site constitutes Your representation that You are unconditionally and without limitation permitted to view and use this Web Site and RR may rely upon such representation. These Terms shall be governed by, construed, and enforced in accordance with the laws of the state of New Jersey, USA as they are applied to agreements entered into and to be performed entirely within such state. Any action You, any third party, or RR brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or federal courts located in New Jersey and You expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ADDITIONAL TERMS

Additional terms and conditions may apply to reservations made, purchases of goods and services, and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to RR on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:

We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.

Reservations confirmed hereunder ("Confirmations") are valid only if issued by RR. Upon receipt, please check all of the details in the Confirmation and notify Us immediately if anything is incorrect, as changes to any aspect of the Confirmation may be treated by RR and the Providers as a cancellation.

You may place a hold on a particular accommodation for a twenty-four (24) hour period without confirming such accommodation. If You do not confirm the particular accommodation within such time period, the hold will be released and the accommodation will be available for confirmation by others.

The total number of people occupying any accommodation must not exceed the maximum occupancy of the particular accommodation set forth in the Confirmation; otherwise, and at the sole discretion of the applicable resort or provider of accommodation, access may be refused or the applicable resort or provider of the accommodation may levy additional charges.

You or Your clients are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or provider of accommodation for the use of amenities and facilities.

You or Your clients must occupy and use any accommodation in a responsible, careful, and secure manner. You or Your clients are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your clients while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site or to check-in at such an accommodation. In some instances, the minimum age to make a reservation or to check-in may be higher where required by a resort or other provider of accommodation.

Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us.

A Confirmation may only be used by the person whose name(s) appears on the Confirmation.

We reserve the right to cancel Your or Your client’s Confirmation if payment for any accommodation is rejected by Your or Your client’s bank or credit card company.

Destinations and travel times are subject to availability and confirmed on a first come, first served basis. RR’s offers include only accommodations and specifically excludes travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. Offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.

If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You or Your clients will be made and You and Your clients hereby waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Our power to concede.

CANCELLATION POLICY

Unless otherwise indicated either: (a) on the resort or accommodation detail sheet or (b) by RR when making a reservation, the following cancellation policy shall apply:

If a confirmation is cancelled ninety one (91) days or prior to travel date, we will refund one hundred (100%) percent of the total rental fee, less the booking fee.

If a confirmation is cancelled between sixty-one (61) days and ninety (90) days prior to the travel date, we will refund fifty percent (50%) of the total rental fee, less the booking fee.

If a confirmation is cancelled between thirty-one (31) and sixty (60) days prior to the travel date, we will refund twenty-five percent (25%) of the total rental fee, less the booking fee.

If a confirmation is cancelled thirty (30) days or less prior to the travel date, no refund will be made for any part of the rental fee.

ENTIRE AGREEMENT

These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between RR, the Affiliates, and You with respect to this Web Site and Your use of this Web Site. As such, these Terms (as modified by Us, from time to time) will be deemed to supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or written, between RR (including the Affiliates) and You with respect to this Web Site and Your use of this Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail. Any rights not expressly granted herein are reserved by Us and the Affiliates.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTS

If you believe that Your work has been copied and posted on this Web Site in a way that constitutes copyright infringement, please provide RR’s Agent for Notification of Claims of Copyright Infringement the information specified below.

A description of the copyrighted work that You claim has been infringed;

A description of where the material that You claim is infringing is located on the Web Site;

Your address, telephone number, and e-mail address;

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;

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Susan L. Crane
Wyndham Worldwide Corporation
1 Sylvan Way
Parsippany, NJ 07054

Telephone Number of Designated Agent: (973) 753-6667

Facsimile Number of Designated Agent: (973) 753-6620