Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Vandervie, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.
Minimum Age. All purchasers must be at least 18 years of age or older to buy from Vandervie.
Vandervie Travel Plan Descriptions. In describing and portraying examples of Vandervie Travel Plans on the Site, Vandervie attempts to give you an example of the types of activities (such as hiking trails, ski areas, golfing, etc.) and businesses (such as lodging, restaurants, shopping, etc.) that Vandervie typically puts into a Vandervie Travel Plans. However, as each Vandervie Travel Plan is customized based on the information you submit to Vandervie, Vandervie does not guarantee that the Vandervie Travel Plan will include any of the activities and/or businesses listed in any examples. Vandervie does not warrant that the product descriptions of the activities and/or businesses are completely accurate, complete, reliable, or error-free but will be based on Vandervie’s knowledge at the time the Vandervie Travel Plan is created. Vandervie reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to activity and/or business descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that each activity and/or business listed in each Vandervie Travel Plan is a separately owned business and/or activity and may not be open, available, or may have changed the products offered. Please call the business directly to make sure that the business is open at the time you wish to visit it.
All Orders Are Final. Vandervie tries to process requests for Vandervie Travel Plans within 3 business days of receiving the information. After your information is processed, you will receive a link to purchase your Vandervie Travel Plan. After paying for the Vandervie Travel Plan, all orders are final except for delays caused by Vandervie. Delays in production may occur when insufficient information is given by you regarding your order. All orders are final.
Returns. Due to the unique nature of the the Vandervie Travel Plan, all sales are final and no returns will be accepted.
Availability. Your Vandervie Travel Plan will be available for download for 90 days after purchase. Vandervie highly suggests that you save a copy immediately upon purchase.
Payment. Payment for all products is processed through Stripe. Please refer to stipe.com for information regarding the use of any personal information you submit.
Gifts. If you purchase a Vandervie Travel Plan as a gift, the Vandervie Travel Plan must be redeemed within one year of the gift purchase.
Health Issues/Disabilities. If you have any health issues and/or disabilities, please mention them on the Travel Questionnaire. Vandervie will make recommendations to accommodate health issues and/or disabilities.
Change in the Site, its Contents, and its Features. Vandervie reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. Vandervie may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that Vandervie shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, Vandervie may request additional information at any time by you to update or enhance benefits and/or use of the Site.
Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold Vandervie responsible or liable for any User Communication from another user that you access on the Site. Moreover, Vandervie reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if Vandervie finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that Vandervie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.
Copyright and Trademarks. The Site is owned and controlled by Vandervie and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Vandervie. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF VANDERVIE IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from Vandervie unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. Vandervie also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. Vandervie does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Vandervie and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Vandervie, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Vandervie, unless otherwise stated.
Copyright and Trademark Complaints. Vandervie respects the intellectual property rights of others. Vandervie is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and Vandervie requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Vandervie receives proper Notification of Alleged Copyright Infringement, Vandervie promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@Vandervie.com to report infringement of your copyright. Vandervie may, at its sole discretion, terminate users who are deemed by Vandervie to be have committed copyright infringement, whether or not there is any repeat infringement.
Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by Vandervie ("Third Party Sites") as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and Vandervie cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by Vandervie. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Vandervie. Vandervie is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding Vandervie. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that Vandervie's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.
Risk. YOU EXPRESSLY AGREE THAT THE USE OF ANY SERVICES SUGGESTED BY VANDERVIE OR PARTICIPATION IN ANY ACTIVITY SUGGESTED BY VANDERVIE IS AT YOUR SOLE RISK. IN NO EVENT WILL VANDERVIE OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF ANY SERVICE OR PARTICIPATION IN ANY ACTIVITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF ANY SERVICES AND/OR PARTICIPATION IN ANY ACTIVITY.
Third Parties. YOU SPECIFICALLY ACKNOWLEDGE THAT VANDERVIE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING THOSE RECOMMENDED BY VANDERVIE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE AND ACKNOWLEDGE THAT THIRD PARTIES MAY OFFER ACTIVITIES, PRODUCTS, OR SERVICES TO YOU, INCLUDING BOTH THOSE RECOMMENDED BY VANDERVIE AND ADDITIONAL ACTIVITIES, PRODUCTS, OR SERVICES, AND THAT VANDERVIE MAKES NO GUARANTEE AS TO THE CONDITION OF THESE THIRD PARTY ACTIVITIES, PRODUCTS, OR SERVICES. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS VANDERVIE FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU FROM THE USE OF A THIRD PARTY ACTIVITIES, PRODUCTS, OR SERVICES. THE ONLY REMEDY FOR ANY DAMAGES SUFFERED FROM A THIRD PARTY IS THROUGH THAT THIRD PARTY WHICH OFFERS THE ACTIVITY, PRODUCT, OR SERVICE.
Limitation on Liability. VANDERVIE’S’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO VANDERVIE FOR THE VANDERVIE TRAVEL PLAN IN WHICH THE ACTION RESULTING IN THE LIABILITY OCCURRED. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO VANDERVIE, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND WILL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM VANDERVIE, REGARDLESS OF THE CAUSE OF ACTION.
Electronic Communications. You consent to receive electronic communications from Vandervie either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Compliance with Laws. You shall observe and comply with all present and future laws, ordinances, orders, rules, and regulations of all governmental units or other agencies, departments, authorities, boards, or commission having jurisdiction over or related to any services/product you purchase or any activity that you participate in that are recommended by Vandervie.
Waiver. No action taken pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.