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VIDA LIFESTYLE
Promo Terms & Conditions


These VIDA LIFESTYLE Terms and Conditions ("Terms and Conditions") set forth a legally binding agreement between VIDA LIFESTYLE (“VL”) and each VL member (“Member,” ”Subscriber,” “Traveler”, “You”) who enrolls into the subscription, and/or purchases products and services through VL. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through VL (collectively "Provider Terms"). By purchasing products and services through VL, Member acknowledges and agrees to be bound by these Terms and Conditions, Provider Terms and the terms and conditions of the VL subscription membership (“Membership”), which are incorporated herein, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively “Guests”). Additionally, Member agrees that it is Member’s sole responsibility to inform any traveling companion(s), guests, or the users of any product or service purchased through VL of the contents of these Terms and Conditions and all applicable Provider Terms.

MARKETING ENTITY

The marketing entity for the VL program is DESARROLO MARINA VALLARTA, S.A. DE C.V. (“DMV”) under contract with Gallery Lifestyle and Cruises, S. de R.L. de C.V. No real estate or a timeshare membership has been purchased hereunder. All matters related to the VL marketing process made by DMV, shall be governed by Mexican Law and shall be resolved exclusively and finally by arbitration in Mexico under the Rules of Arbitration of the Arbitration Center of Mexico (CAM). The courts of Guadalajara, Jalisco, Mexico shall have the exclusive jurisdiction in any action to enforce, modify or nullify the decision of the arbitrator and the parties expressly waive their rights to pursue any claim in any way against the marketing entity or any of its affiliates or agents in any other jurisdiction or venue. Neither DMV, nor any affiliate or agent of DMV is responsible for the fulfillment of the VL program.

FULFILLMENT SERVICES

VL purchases, benefits and transactions are administered and fulfilled by International Cruise & Excursion Gallery, Inc. (‘ICE”) d.b.a. Our Vacation Center ("OVC") and d.b.a. VIDA LIFESTYLE (“VL”), under contract with DMV. ICE is located at 7720 N. Dobson Rd., Scottsdale, AZ 85256. ICE is a registered seller of travel in the following states: Florida #ST-29452, Washington UBI#602 443 155 001 0001, Hawaii #TAR-5192 and California #CST 2066521-50. ICE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ICE maintains a Consumer Protection Bond issued by International Fidelity Insurance Company in the amount of $100,000.00.

Correspondence, including tickets and confirmations, will originate from OVC. Credit/debit card purchases may also result in a charge to purchaser's credit/debit card from OVC for both the deposit and any subsequent payments including any booking fees for transactions as identified during the travel purchase.

Travel insurance plans are administered by Customized Services Administrators, Inc., CA Lic. No. 821931, located in San Diego, CA and doing business as CSA Travel Protection and Insurance Services. Plans are available to residents of the U.S. but may not be available in all jurisdictions. Benefits and services are described on a general basis; certain conditions and exclusions apply. Travel Retailers may not be licensed to sell insurance, in all states, and are not authorized to answer technical questions about the benefits, exclusions, and conditions of this insurance and cannot evaluate the adequacy of your existing insurance. This plan provides insurance coverage for your trip that applies only during the covered trip. You may have coverage from other sources that provides you with similar benefits but may be subject to different restrictions depending upon your other coverages. You may wish to compare the terms of this policy with your existing life, health, home and automobile policies. The purchase of this plan is not required in order to purchase any other travel product or service offered to you by your travel retailers. If you have any questions about your current coverage, call your insurer, insurance agent or broker. This notice provides general information on CSA's products and services only. The information contained herein is not part of an insurance policy and may not be used to modify any insurance policy that might be issued. In the event the actual policy forms are inconsistent with any information provided herein, the language of the policy forms shall govern.

Travel insurance plans are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231. Generali US Branch operates under the following names: Generali Assicurazioni Generali S.P.A. (U.S. Branch) in California, Assicurazioni Generali – U.S. Branch in Colorado, Generali U.S. Branch DBA The General Insurance Company of Trieste & Venice in Oregon, and The General Insurance Company of Trieste and Venice – U.S. Branch in Virginia. Generali US Branch is admitted or licensed to do business in all states and the District of Columbia.

In states that VL carries its own producer license, or equivalent, the numbers are (AL 775746; AZ 1099672; CT 2485378; HI 447049; ID 593498; MA 2017779; MI 0111010; MT 100129788; OH 1128528; PA 794952; SC 210204; WV 100231297).

PROVISION OF INFORMATION

Travel, travel provider, and product and service information provided to Member is based on information received from third party providers. While VL makes reasonable efforts to ensure that this information is accurate and complete, VL expressly disclaims liability for inaccurate, incomplete, or misleading information.

MODIFICATIONS OF THE TERMS AND CONDITIONS

These Terms and Conditions are subject to change at the discretion of VL without prior notice. By purchasing products and services through VL, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.

NO COMMERCIAL USE

Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration.

VL’s ROLE

Member and VL are dealing at arms' length, creating a commercial relationship. VL is not the Member’s agent or Member’s fiduciary. By purchasing products and services through VL, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and VL. VL and OVC are acting as intermediaries for the provider of any product or service, and for any travel provider in selling services, or in accepting reservations or bookings for services that are not directly supplied by VL.

AVAILABILITY

All products and services offered through VL are available for purchase for VL Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the travel provider or supplier directly through VL. Member participation may be denied if Membership is not in good standing.

PRICES AND RATES

The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional, unless otherwise stated. Travel product rates/prices are based on availability and subject to change without notice. Additional fees may apply. Special rates/prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates and are subject to availability. Other restrictions may apply. All rates/prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all travel providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and changes and/or discontinue promotions and/or special offers, at any time for any reason. Any increase in rate/price imposed by the travel provider will be passed on to Member, and Member agrees to the increase, unless otherwise stated in the terms and conditions of the individual travel transaction.

TRANSACTION FEES; CERTIFICATE REDEMPTION

  1. Transaction Fees are subject to change, from time to time, at the sole discretion of VL without prior notice.

  2. A Call Center Fee will be charged per booking for car and hotel, and per ticket for airlines ONLY when you call into VL to book or arrange travel. You can avoid the Call Center Fee by booking your car, hotel, and airline ticket online through the website. The Call Center Fee may vary based on your membership type and the Call Center Fee may vary from time to time at the discretion of VL. Vida Dollars may not be used as a form of payment for the Call Center Fee.

  3. Depending on the type of Subscription Enrollment the redemption of certificates may be limited until certain monthly Subscription Fee’s have been paid as detailed on the Enrollment under Certificate Redemption Limitations, as applicable.

SUBSCRIPTION ENROLLMENT; PAYMENT; AND CANCELLATION

  1. The current introductory Membership renewal fee for VL is $299 per year. Introductory level Members may receive renewal offers up to 30 days prior to their expiration date to lock in a reduced annual renewal fee at the then current rate that may include special offers or incentives to purchase a multi-year premium renewal term. If an introductory Membership expires, any bookings previously made but not fully paid may be price-adjusted to reflect current market, rather than the Member price. Members who choose not to continue the introductory Membership or do not enroll in a multi-year premium renewal package for VL will forfeit access to the Member website and will no longer receive premium Member travel benefits, and Member will lose the ability to redeem any unused Cruise or Resort certificates or book travel at preferred Member rates. An introductory or premium Membership that has expired may be reinstated at VL’s sole discretion upon payment of a $200 Reactivation Fee and any outstanding annual dues owed at that time. Introductory or premium memberships may be renewed by calling VL at 1.855.550.3006 or direct at 602.824.5941 for special promotional multi-year renewal rates that offer access to additional benefits and Membership incentives.

  2. The term of the Subscription begins on the date you enrolled and continues indefinitely thereafter until cancelled. VL will automatically continue providing the Subscription Benefits and charge you the Monthly and Annual Subscription Fee. So long as Member complies with all of the terms of the Subscription Enrollment and/or Purchase Receipt, including timely payment (in advance) of all Monthly and Annual Subscription Fees as contemplated in the Subscription Enrollment and/or Purchase Receipt, and any renewal thereof, Member shall be eligible to receive the Subscription Benefits.

  3. In return for receiving the Subscription Benefits, Member promises to pay VL (in advance) according to the Subscription Type and associated pricing listed on the Enrollment and/or Receipt. In order to facilitate the Subscription, Member hereby agrees to provide VL with payment information for a valid credit or debit card that Member is authorized to charge at all times during the Term, and Member hereby consents to the automatic and recurring payment of the Monthly and Annual Subscription Fee using such credit or debit card. Member may change the credit or debit card used for payment of Monthly and Annual Subscription Fees by contacting VL. Payment for Subscription Benefits are due in advance, and Member is not eligible to receive any Subscription Benefits or other goods or services contemplated by this agreement unless Member has paid VL for such Subscription Benefits or other goods or services in advance. If Member fails to pay any Monthly or Annual Subscription Fee or other fee or charge contemplated by this agreement on or before the stated due date thereof, Member will be ineligible to receive any associated Subscription Benefits, and VL may terminate this Agreement upon written notice to Member within thirty (30) days of any missed or late payment.

  4. In the event Member allows the Subscription to lapse due to non-payment, a reinstatement fee shall be payable to VL before the Subscription is renewed and Member can use any benefits of the Subscription.

  5. All renewal rates, fees, and promotional offers are subject to change at any time without prior notice, in the sole discretion of VL.

  6. Member may cancel the Subscription as follows:

  1. For Non-Florida Resident Cancellation (10 Day Cancellation):

Members renewing the introductory or premium Membership, or enrolling in a new promotion will have ten (10) days from the enrollment date to cancel and obtain a full refund. In addition to any right to otherwise revoke an offer, You, the Purchaser, may cancel this enrollment up to midnight of the tenth (10th) day from the enrollment date by providing written notice of such cancellation to: Vida Lifestyle Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 fax to: 602.308.1953. Cancellation requests postmarked later than ten (10) days after the enrollment date will result in no refund.

  1. For Florida Resident Cancellation (30 Day Cancellation):

Members renewing the introductory or premium Membership, or enrolling in a new promotion will have thirty (30) days from the enrollment date to elect to cancel and obtain a full refund. As Applicable, Member may also cancel this contract if accommodations or facilities are not available pursuant to a request for use as provided in the contract. In addition to any right to otherwise revoke an offer, Member may cancel enrollment up to midnight of the thirtieth (30th) day from the enrollment date by providing written notice of such cancellation to: Vida Lifestyle Attn: Cancellations at 7720 N. Dobson Rd., Scottsdale, AZ 85256 or fax to: 602.308.1953. Cancellation requests postmarked later than thirty (30) days after the enrollment date will not be honored. After the expiration of the thirty (30) day rescission period, this enrollment is final and the amounts paid under the subscription are not refundable. This contract is for the purchase of a vacation certificate(s)/membership and puts all assignees on notice of the consumer’s right to cancel under section 559.933 Florida Statutes.

  1. After 10 days for non-Florida residents and after 30 days for Florida residents, Member may cancel without a refund due to Member at any time by providing VL written notice of cancellation to Vida Lifestyle, 7720 N. Dobson Rd., Scottsdale, AZ 85256.

CURRENCY

All fees and charges are stated and payable in United States Dollars (USD).

PAYMENT

VL products and services may be purchased with any valid credit card. Member may purchase products or services with a debit card that displays a Visa or MasterCard. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, OVC will make reasonable efforts to contact Member, but VL reserves the right (without refund or credit) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be responsible for any travel provider penalties assessed due to a payment being rejected by Member’s financial institution. Additionally, OVC, as the travel administrator for the VL program, will assess a $25.00 USD fee per person if any transaction is denied by Members’ financial institution at any time after a deposit is taken; after final payment has been taken, the fee is $50.00 USD per person. To make different final payment arrangements or if Member experiences technical difficulties with the website or Member is not sure of the status of Member’s reservation or payment, please call VL concierge.

VIDA DOLLARS

Member may initially be awarded Vida Dollars (“Vida Dollars”) upon Membership enrollment, and subsequently when making qualifying travel purchases through VL or by qualifying Membership transactions, such as the deposit of a Member’s Non-Vida vacation ownership week(s) with VL or the timely payment of the Usage Fee(s) to DMV on qualified vacation ownership weeks as determined by DMV. Vida Dollars will be credited to the Membership account and may be redeemed towards partial payment for subsequent VL purchases. Member must be in good standing with Members home resort and maintain the Membership account in good standing to earn or to redeem Vida Dollars.

Earning Vida Dollars . Member may be awarded an initial amount of Vida Dollars upon Membership enrollment, and additional Vida Dollars may be awarded on qualifying travel or Membership transactions. Member may be awarded Vida Dollars when purchasing non-package air travel, rental car reservations or golf tee times made through VL by depositing Member’s Non-Vida vacation ownership week(s) with VL, and/or as a Usage Fee reimbursement credit upon payment of the Usage Fee to DMV. Vida Dollar award amount is based on the net amount of any individual transaction, excluding taxes, fees, travel insurance, shipping or handling charges. Vida Dollars award amount will vary at VL’s sole discretion. Vida Dollars awarded for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Booking Confirmation, award for the deposit of Member’s Non-Vida vacation ownership week(s) with VL will be applied within seven (7) to ten (10) days from the deposit date and for a Usage Fee reimbursement award will be applied on to the Member’s account within thirty (30) days of the Usage Fee payment date to DMV. The Vida Dollars award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of VL, and without prior notice to Member. Other restrictions may apply.

Redeeming Vida Dollars . Vida Dollars have no actual cash value, but may be redeemed towards partial payment, at time of checkout, to the net amount of a travel or VL transaction, whether purchased online or offline through VL. Vida Dollars may not be redeemed toward payment of any taxes, fees, travel insurance, shipping or handling charges. Each VL product specifies the amount of Vida Dollars, if any, that may be redeemed towards partial payment in the description of the product or service. Member may redeem as many Vida Dollars as Member has available in Member’s account, up to the amount specified for any particular product or service. Vida Dollars may only be redeemed by the primary Member(s) listed on the Membership account, upon verification of the Membership information by a VL representative. Earnings, redemption options and schedules are available online at VIDALIFESTYLE.com or by calling Vida concierge. Vida Dollars redemptions may not be combined with any other discount or promotion.

Purchase Cancellations . If the purchase of a VL product or travel is cancelled without penalty, any Vida Dollars redeemed to purchase product or travel may be refunded to the Member’s account. If cancellation of travel booked using Vida Dollars occurs within penalty, Vida Dollars may be the last funds applied against penalty. If any portion of Vida Dollars remains after penalty, the remaining Vida Dollars may be refunded to the Member’s account. If for any reason Vida Dollars are applied to a travel booking after booking has been made and a cancellation of the travel booking becomes necessary, Vida Dollars may be refunded to the Member’s account only after all applicable travel provider and/or cruise line penalties have been paid by the Member. Upon cancellation or refund of the purchase of a VL product, Vida Dollars awarded may be withdrawn at VL’s sole discretion.

Limitations, Variations, and Inactivity . The usage of Vida Dollars for redemption, including minimums and maximums, are subject to change at the discretion of VL, and without prior notice to Member. Membership accounts with Vida Dollars balances of less than $10 that have not had any online or offline activity for two years may be closed at the sole discretion of VL. Membership may be suspended if Member does not remain in good standing with VL or with the Membership, and VL may impose a reasonable fee for reinstatement or reactivation. Vida Dollars may not be used to pay reinstatement or reactivation fees. VL reserves the right to cancel or withdraw all Vida Dollars in a Member’s account if the Member does not remain in good standing with VL or with the Membership for ninety (90) days or more.

Expiration and Termination . Vida Dollars are only valid for twelve (12) months from the date of issuance to You. Unredeemed Vida Dollars expire upon the termination of the Membership or any renewal thereof. Vida Dollars have no cash value and are not transferable.

Customer Service . Please contact VL customer service at 1-855-437-0592 if Member believes there are Vida Dollars that have not been credited to Member’s account or for any questions related to the available Vida Dollars balance.

BOOKING CANCELLATION/CHANGES

The fees assessed by VL, OVC, and/or the travel provider as a result of a cancellation or change are set forth on the Booking Confirmation and apply to all transactions purchased through VL. Each travel provider has specific cancellation policies and penalties separate and apart from VL. Travel provider policies may treat name changes and departure date changes as cancellations.

In the event Member must cancel any travel booking, please contact VL concierge immediately, or in writing at the following address: VIDA LIFESTYLE, 15501 N. Dial Blvd., Scottsdale, AZ 85260, or by fax: 602-308-1953. Cancellations will be effective as of the date of receipt of the request (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by VL. Refunds may take up to eight (8) weeks from the Cancellation Date.

LIMITATION OF LIABILITY

VL AND/OR OVC SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF THE TRAVEL PROVIDERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. VL AND/OR OVC’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) OF VL, AND/OR OVC WILL BE LIMITED TO THE FEES PAID BY MEMBER TO VL, AND/OR OVC FOR THE TRAVEL PURCHASE. IN NO EVENT WILL VL, AND/OR OVC BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION SHALL ALSO APPLY TO VL, AND/OR OVC, AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS OF VL, AND/OR OVC.

CLASS ACTION WAIVER

(i) MEMBER AND VL AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER MEMBER NOR VL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR VL ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND VL FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, VL, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. (ii) IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

DISPUTE RESOLUTION POLICY

Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and its heirs officers, directors, employees, agents, business partners, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") to be conducted in Maricopa County, Arizona, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Maricopa County, Arizona. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.

The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. ("FAA") and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.

Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Arizona without regard to its choice of law and conflict of law rules.

The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.

The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Maricopa County, Arizona.

Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award. Notwithstanding this Dispute Resolution Policy, VL may as necessary apply to a court of competent jurisdiction in Maricopa County, Arizona to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.

Judgment upon the arbitral award or decision may be entered by the Maricopa County Superior Court or the United States District Court for the District of Arizona, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision

GOVERNING LAW

These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement and/or any certificates shall be governed exclusively by the laws of the State of Arizona. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against VL, and/or OVC or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Maricopa County, Arizona (USA). In the event a Member or Member’s guest initiates an action at law or in equity and VL and/or OVC prevails, that Member or Member’s guest shall pay all costs incurred by VL. and/or OVC defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.

AGE RESTRICTIONS

Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some travel providers may have additional age related and/or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.

ADDITIONAL TRAVEL TERMS AND CONDITIONS

The following terms and conditions apply to purchases of travel or travel services. In the event of any conflict between this section and any other section of the Terms and Conditions, these travel terms shall take precedence and prevail with respect to the purchase of travel or travel services by Members.

Booking Confirmation/Travel Receipt . Reservations must be confirmed in writing electronically by VL or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify VL concierge immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.

Maximum Occupancy . In no event may the total number of people booked exceed the maximum occupancy set forth by the travel provider.

Identification Documentation . Travel providers may require that travelers have in their possession proper documentation required by the United States and/or any foreign countries visited. The names on the Booking Confirmation Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. VL assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if Travelers fail to bring proper documentation and are refused travel provider services.

Travel Documents . Booking Confirmations and Vouchers will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Member approximately two weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider's prior written consent. When a name change is required additional fees may apply. Notify VL concierge immediately if changes or corrections are required.

Travel Destinations . Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. VL urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, VL AND/OR OVC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

ADDITIONAL GOLF TERMS & CONDITIONS

The following Terms and Conditions apply to purchases of golf or golf products and services. In the event of any conflict between this section and any other section of the Terms and Conditions, these terms shall take precedence and prevail with respect to the purchase of golf or golf products services by Members.

Cancellation and Modification . Reservations are non-refundable within 24 – 72 hours of the tee time or as determined by the golf course. Cancellations outside of the golf course cancellation period may be made by contacting VL concierge. Member may receive a confirmation of the cancellation within 24 hours. If the golf course officially closes, contact VL concierge and an agent can assist Member with rebooking or refunding the Tee Time reservation. Reserved Tee Times may not be moved to another course, date or time. The displayed course, date and time is when the round must be played unless Member gives prior notice and receives confirmation directly from the VL concierge. If Member fails to show up for a reserved Tee Time, no refund will be honored.

Golf Best Price Guarantee . For Golf Tee Times, Best Price Guarantee applies only to the posted price as displayed on the same golf course's own public facing website and does not include walk-up rates or specials that cannot be verified with the course's website.

ADDITIONAL WINE TERMS & CONDITIONS

The following Terms and Conditions apply to purchases of wine or wine products and services. In the event of any conflict between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect to the purchase of wine or wine products and services by Members.

Providers. Order Wine Direct (“Store”) is owned and operated by Rowley Estates, LLC, a California LLC under agreement with Vida Lifestyle. The Store website (“Store Website”) is managed, hosted and operated by Vida Lifestyle.

Age Restrictions. Members must be at least 21 years of age to purchase wine products and to sign for the delivery of wine products. Proof of age will be required to receive wine shipments. Individuals below the legal drinking age may purchase non-alcoholic products from the Store Website.

Confidential Information. Members are solely responsible for protecting Store Website user names and passwords from any unauthorized purchasers including minors.

Sale and delivery . The Store provides for the sale of wine products and services in the United States and will only be shipped where it is not prohibited by law. The Store does not deliver wine or other alcoholic beverages outside the United States. Sales are subject to all Federal, State and Local laws and regulations regarding the sale and delivery of wine and alcoholic beverages, including the payment of all applicable Federal, State and Local taxes. Members who do not reside in areas where the delivery of wine is legal, or live outside the United States, or reside in areas where the Store, at its sole discretion elects not to deliver wine, may purchase non-alcoholic products.

No Warranties. Neither Rowley Estates nor Vida Lifestyle warrants any product or service sold on the Store Website, beyond warranties provided by the supplier or manufacturer. Refunds or replacements for defective products and services are subject to the return policy of the Store Website.

Limit of Liability . Neither Rowley Estates nor Vida Lifestyle will assume any liability, without limitation, for any damages, related to loss, injury, death or damage to persons or property, stemming from the products and services sold on the Store Website. Inclusion of any product or service on the Store Website does not constitute an endorsement by Rowley Estates or Vida Lifestyle.

Return Policy . Wine is not returnable. In the event a bottle of wine is damaged due to errors in packing or shipping, the Store reserves the right to either send a replacement bottle or issue a credit for discount towards future purchases equal to the value of the damaged wine.

Best Price Guarantee. Our Best Price Guarantee is only applicable against prices charged by the winery on its web site at the time of purchase. Customers must provide verifiable proof of the lower price, which must be available to the general public. Prices for wine club members, certificate-holders, recipients of e-mails or other restricted sales will not be honored. If Customer finds that the winery is charging a lower price for the exact same product, including vintage, the Administrator will issue a credit for the difference in price, which may be used for future purchases of any wine from the store.

Information or Complaints . Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: For questions or complaints regarding the Store, please send an e-mail to info@rowleyestates.com. Members may also contact Rowley Estates in writing to Attn: Customer Service, 15501 N. Dial Blvd., Scottsdale, AZ 85260 or by calling at (855) 480-7671. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Shipping . The Store strongly recommends sending all orders containing alcoholic items to a daytime or business address. Alcoholic shipments will require a signature by persons of at least 21 years of age for delivery. Not all states allow delivery of alcohol. The list of states that allow wine delivery can change often, and not all winery products are eligible to be shipped to the same states. In general, however, the list of states that most wines can be shipped to may include the following:

AK, AZ, CA, CO, CT, FL, GA, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, SC, SD, TN, TX, VT, VA, WA, DC, WV, WI, WY

Weekend Delivery. Weekend or holiday delivery of wine may not be available. All UPS and FedEx delivery attempts will be made Monday through Friday during normal business hours of 9AM to 5PM. While national couriers do not always provide weekend or holiday delivery options for all areas, if Member would like to place an order for delivery during one of these times, please contact the Wine Store before placing an order and a customer service agent will verify if the service level is available. Depending on the delivery location, Saturday delivery may require an additional charge. To arrange for a Saturday delivery, please call the Store’s customer service department to place the order. Not all locations can be accommodated for Saturday deliveries. If placing an order for a special event and wish for the items to arrive by a certain date, please contact Vida Lifestyle concierge and it will do its best to arrange it.

Wine Travel Packages. Wine travel packages are covered as vacation packages within the VL Terms and Conditions above.

ADDITIONAL SKI PRODUCT AND SERVICES TERMS AND CONDITIONS

The following terms and conditions apply to purchases of ski products and services. In the event of any conflict between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect to the purchase of ski products and services (excluding Ski Travel Packages, please see below) by Members.

Sales Tax . VL is required by law to collect and remit applicable sales tax to each state for all purchases, including shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process.

Shipping and Handling . Ski products may only be shipped to a valid United States address. Shipping and handling charges are automatically calculated on a per-item basis and after Member provides the "Ship To Address" information. VL cannot ship to a PO or APO address. Ski products ordered may not necessarily ship together. Please allow processing time for all orders. Stock items are shipped standard ground service within 2-3 business days. For items shipped directly from the Manufacturer, please allow 1-8 weeks for delivery. Some items may have longer delivery times such as furniture and seasonal items. For more detail shipping and handling information, please refer to the Estimated Ship Date on the product detail page.

Prices and Expiration . Except where otherwise noted, the displayed product list price on the Website may represent the full retail price suggested by the manufacturer and/or supplier; or may be estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The product list price is a comparative estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an “open-stock” price, the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice. In the event of an erroneously published price, VL reserves the right to cancel the order.

Products. All items are manufactured by independent suppliers. VL and subsidiaries make no guarantees, warranties or representations of any kind, expressed or implied, with respect to suppliers items, and shall not be liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of supplier items, or as a result of any defect in or failure of supplier items. Manufacturer's unforeseen product shortages or technical advances may necessitate the shipment of updated, or a different manufacturer's updated or similar product, each of which will be of equal or greater value than the product ordered, at no additional cost. Model numbers are included on the product detail page and pertain to the item shown, not the substituted product. Model numbers may be unique to the website and may not match manufacturer's retail model numbers. VL attempts to be as accurate as possible. However, VL does not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product received is not as described, Members sole remedy is to return it in unused condition.

Cancellations . Due to our rapid order processing system, VL cannot cancel an order; however, VL provides a 90-day money back guarantee.

Returns. VL selects the finest quality items for Member purchase. However, if Member is dissatisfied with an item purchase, Member must return the item in good condition, within 90 days of purchase. VL will gladly exchange the item, credit the Membership account or issue credit to the Member credit card on file for the items returned. A re-stocking fee may apply and freight charges are non-refundable to returned items. Items purchased as a set may not be returned individually. To help VL maintain quality standards and understand the reason for the return, we ask Members complete the return section on the packing slip, detailing the reason for the return and include Member RMA Number. The RMA number can be obtained by calling Customer Service at 1-855-437-0592. All returns should be shipped via Parcel Post or UPS Ground, include the packing slip and use the label provided. VL will promptly process it upon receipt. If Member misplaced the packing slip, please include a note in the package with the following information: Member Name, address, order number and item ordered. Please allow a reasonable processing time to process the return and credit. In the rare event that items are received damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt, and contact VL concierge immediately. All damages must be reported within 24 hours of receipt.

Ski Travel Packages . Ski travel packages are covered as vacation packages within the VL Terms and Conditions above.

ADDITIONAL CRUISE CERTIFICATE TERMS AND CONDITIONS

The following terms and conditions apply to purchases of cruises or cruise certificates redeemed. In the event of any conflicts between this section and any section of the Terms and Conditions, these terms shall take precedence and prevail with respect to the purchase of cruise or cruise certificates redeemed by VL Members.

In addition to these Terms and Conditions, Member must also comply with all applicable cruise line terms and conditions and policies and procedures.

The cruise lines, itineraries and sail dates offered under certificates are at VL’s sole discretion, are subject to availability and blackout dates may apply.

Cruise certificate(s) are redeemable for cruise fare for two (2) passengers based on minimum, interior stateroom accommodations. The length of cruise vacation provided under a certificate offer can be found on the Member’s VL Purchaser Acknowledgement or online at VIDALIFESTYLE.com under “My Account” under “My Certificates”.

Cruise fare is an all-inclusive rate that covers all mandatory cruise line fees, including accommodations, port charges, most meals, certain activities and entertainment while onboard the ship. Any items that are optional, at an additional cost, or items that may be purchased from the cruise line including but not limited to, alcoholic and certain non-alcoholic beverages, gratuities, specialty dining or other onboard amenities or activities are not included in the cruise fare amount.

Member is responsible for all other fees in excess of the cruise fare amount including but not limited to activation fees (if applicable), customs fees, government fees or surcharges, taxes, and any other government charges associated with the redemption of this cruise Certificate. Redemption may be subject to additional charges assessed based on cruise line selected, time of year, destination, length of cruise, or additional customizations, and an additional cash payment to OVC may be required.

Member is responsible for all travel and onboard charges incurred in excess of the certificate offer, including but not limited to, air/ground transportation, taxes, travel insurance, alcoholic and certain non-alcoholic beverages, gratuities, excursions, specialty dining, onboard amenities or activities, personal expenses, utility or security deposits and any other fees or charges levied by the cruise line or cruise ship for the use of onboard amenities and facilities.

Third and fourth guest fares, cabin upgrades and extension of length of cruise, when available, may be purchased for an additional charge from VL at the time the booking.

Airfare and trip insurance is not included, but may be purchased through VL for an additional fee. The purchase of trip insurance is strongly recommended.

Cruise certificate(s) is valid for one (1) use only. Lost or stolen certificates will not be replaced.

Cruise certificate(s) are transferable and may be redeemed by a person other than the original recipient of the certificate, with written permission from the original recipient. Additional charges by VL and/or the cruise line may apply.

Cruise certificate(s) may not be combined with any other offer relating to the same accommodations.

Cruise certificate(s) are not redeemable for cash, may not be returned to VL or OVC for cash or exchange and is void if altered, photocopied, or otherwise reproduced. Unredeemed certificates have to cash value.

Cruise certificate(s) expire on either the expiration date printed on the certificate or, if applicable, the expiration date found online at VIDALIFESTYLE.com. Member must book the cruise, regardless of the travel date, on or before the certificate expiration. In the event a certificate has a printed expiration date printed and an online expiration date, the online expiration date will govern. Certificates will not be extended past the expiration date for any reason.

To redeem cruise certificate, Member must follow the directions printed on the certificate. Reservations must be confirmed by OVC (“Booking Confirmation”) to be honored at the cruise ship. It is important that Member not leave for vacation until Member has received Booking Confirmation from OVC. Only those travelers listed on the Booking Confirmation will be allowed to board the ship.

All travelers must have in their possession proper documentation required by either the United States or any foreign port visited. The names of the travelers on the Booking Confirmation must match the documentation, exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required. VL and OVC do not warrant and assumes no responsibility for advising travelers of any immigration/visa requirements.

All cruise line and cruise ship restrictions and rules apply, including arrival and departure times. VL is not responsible for notifying travelers of any cruise line and/or cruise ship changes.

Member is required to be 21 years of age or older. Guests under the age of 21 must be accompanied in the same room by a parent, relative or guardian 25 years of age or older. Other age and/or physical restrictions may apply.

In no event, can the total number of people occupying the cabin exceed the maximum occupancy set forth in the Booking Confirmation.

Member and guests must occupy and use any cruise line cabins in a responsible, careful, and secure manner. Member is responsible for any damage, theft or loss caused by Member and/or Member’s guests.

In the event a cancellation of the booked cruise becomes necessary, Member must submit the cancellation in writing and it must be received by VL in conformance with cruise line terms and conditions and cancellation policies and procedures. All cancellations are subject to OVC cancellation fees and any cruise line cancellation fees.

Any information provided by VL, or its affiliates and licensors, about any cruise line or sailing is based on information obtained from cruise line management. VL makes reasonable efforts to ensure the information is accurate and complete. However, VL expressly disclaims liability for any inaccurate, incomplete, or misleading information.

VL does not assume any liability or responsibility, without limitation for, damage, expense, inconvenience, loss, injury, death or damage to persons or property on any cruise line ship or on any aircraft/ship in transit to and from cruise ship, or for any cause whatsoever due to delays, cancellations due to nature, mechanical breakdown, strikes, civil unrest, or acts of God.

VL DOES NOT CONTROL THE CRUISE LINE OR CRUISE SHIP AND IS NOT RESPONSIBLE FOR THE CRUISE LINE’S OR CRUISE SHIP’S ACTIONS OR INACTIONS INCLUDING, WITHOUT LIMITATION TO, PERFORMANCE, LACK OF AVAILABILITY, OF PRODUCTS OR SERVICES. IF MEMBER, MEMBER’S FAMILY OR MEMBER’S GUESTS SHOULD INCUR INJURY, LOSS OR DAMAGE THROUGH USE OF CERTIFICATES (WHETHER DIRECTLY OR INDIRECTLY), VL’S AND/OR OVC’S LIABILITY SHALL BE LIMITED TO THE FEES PAID TO VL AND/OR OVC TO ACQUIRE OR REDEEM THE CERTIFICATE (IF APPLICABLE) AND IN NO EVENT SHALL VL AND/OR OVC BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR SAVINGS), ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE A CRUISE CERTIFICATE EVEN IF VL AND/OR OVC HAS BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.

Cruise certificate offer is void where prohibited by law and is not valid for sponsors, distributors, employees, or family members of the cruise line.

These cruise certificate terms and conditions are subject to change at the discretion of VL and OVC. Updated terms and conditions will be posted on the VL website.

All fees and charges are payable in US Dollars. All fees are subject to change without notice in VL’s sole discretion.