OurSecretVacations.com Website User Agreement

Our Secret Vacations makes available information, materials, products and services on this web site subject to the following terms and conditions, and the terms and conditions of all applicable account, subscription and other agreements, disclaimers and legal notices that appear or may appear from time to time on this web site and/or must be agreed to by you in the account opening or vacation booking process in order to use the applicable information, materials, products or services. By accessing this site, you agree to the terms and conditions as outlined below, in addition to those contained in those other agreements, disclaimers and legal notices, when applicable. Our Secret Vacations reserves the right to change these terms and conditions from time to time at its sole discretion. The prices, fees, costs and other terms of all products and services offered on this web site are subject to change at any time and from time to time.

This site is presented solely for informational purposes and to provide access to certain electronic products or services with which you will directly interface. No offer or solicitation to buy or sell securities or securities derivative products of any kind, or any type of investment or trading advice or strategy, is made, given or in any manner endorsed by Our Secret Vacations or its affiliates. You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.

Account access, trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; other market fluctuations; illiquidity; other market conditions and risks; quote delays; system and software errors; data or server farm outages; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors. One or more of these factors may occur before or after you utilize the services, resulting in delayed or failed order placement, order cancellation and/or acknowledgement of any of those actions. Solely you assume those risks.

Any testimonials or case studies on this site may not be representative of the experience of other clients and are not indicative of future performance or success.

The Our Secret Vacations web site contains or may contain references and links to other companies and/or their web sites (including web sites owned and operated by its affiliates), none of which is under the control of Our Secret Vacations, even if such other company is an affiliate of Our Secret Vacations. Our Secret Vacations makes no representations, warranties or endorsements whatever about any other web sites to which you may have access through the Our Secret Vacations web site (whether or not the other web site belongs to an affiliate of Our Secret Vacations), or any products or services of those other companies (whether or not they are affiliates of Our Secret Vacations), even if the products or services of those other companies or their web sites are described or offered on the Our Secret Vacations web site or integrated with Our Secret Vacations' products or services.

Any posting ability by users, including but not limited to bulletin boards and chat rooms, should be subject to site submission rules, regulation by the site administrator, and the terms of this agreement. By signing this User Agreement and by entering this site, you agree that you will never post pornographic, defamatory or infringing materials. Additionally, neither Our Secret LLC nor its subsidiaries or affiliates will be liable in any way for other users taking such actions.

Except as expressly provided otherwise in an agreement between you and Our Secret Vacations, all products, services, information, software and system performance offered or provided in this site are offered and/or provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose.

You use this site and all Our Secret Vacations (and affiliated) products and services at your own risk. In no event shall Our Secret Vacations be liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatever, including, without limitation, those resulting from loss of (or errors in) service, software or data, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability. This site, as well as Our Secret Vacations' order execution systems and services, could, and likely do, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the information on this site without advance notice of any kind. Our Secret Vacations may also make (or accept from the applicable vendors or providers) improvements and/or changes in the products, services and programs described in this site at any time without advance notice of any kind.

All information received through this Web site, other than personal information required to open your account or subscription, modify your account or subscription, or related to your transactions, shall be deemed non-personal. Any non-personal information or material sent to Our Secret Vacations will be deemed to be not confidential or proprietary. Please note that Our Secret Vacations does not want to receive any such non-personal information or material from you through this site. By sending Our Secret Vacations any non-personal information or material, you grant Our Secret Vacations an unrestricted, irrevocable, perpetual, royalty-free license to use, reproduce, display, perform, modify, transmit, distribute and otherwise exploit such information and materials, and you also agree that Our Secret Vacations is free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind.

Materials available on the Our Secret Vacations site may be subject to United States export controls. No materials of any kind from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.

This Web site is controlled by Our Secret Vacations from its offices within the State of Florida, United States of America. By accessing this site, you and Our Secret Vacations agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. Unless you are a brokerage client seeking to address a matter relating to your brokerage services, in which case the arbitration and venue provisions of your brokerage account agreement(s) will apply, you and Our Secret Vacations also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of, in and for Broward or Miami-Dade County, Florida or, at Our Secret Vacations’ option, the United States District Court for the Southern District of Florida, with respect to all such matters. Our Secret Vacations makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

The information on this site is protected by copyright:

Copyright © Our Secret LLC, 2008. All rights reserved.

Except as specifically permitted herein, no portion of the information on this site may be reproduced in any form or by any means without prior written permission from Our Secret Vacations.

Any software, data and/or accompanying documentation that is made available to download from this site is the copyrighted work of Our Secret Vacations or its licensors. Use of the software and data is governed by the terms of the applicable license or other agreement(s).

Except as otherwise indicated elsewhere on this site, you may not copy, print or distribute documents, images or other media (collectively, “media”) available on this site. To the extent, if any, that copying, printing or distribution is expressly permitted, it is subject to the following conditions:

In no event shall you be permitted to copy, print or distribute the design or layout of this site.  Elements of this site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The trademarks, logos and service marks (“Marks”) displayed on this site are (i) owned by Our Secret LLC, or (ii) used by Our Secret Vacations under licenses from their respective owners, or (iii) are the property of other third parties.  You are not permitted to use the Marks without the prior written consent of Our Secret LLC or the applicable third parties.

Our Secret Vacations® is a registered trademark of Our Secret LLC.

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Our Secret Vacations as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org  ) for publication.

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.OurSecretVacations.com/legal_page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is “Don’t Copy This” by Joe Smith, published by Smith Publishing, ISBN #0123456789").

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.

For example, suppose (hypothetically) that you conducted a search on OurSecretVacations.com using the query "Our Secret Vacations", and found that the third and fourth results directly link to a web page that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information:

Search Query: Our Secret Vacations

Infringing Web Page(s): www.infringingwebsite.com  

If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to removals at http://www.OurSecretVacations.com

3. Provide information reasonably sufficient to permit Our Secret Vacations to contact you (telephone number, physical address and email address is preferred).

4. Provide information, if possible, sufficient to permit Our Secret Vacations to notify the owner/administrator of the allegedly infringing webpage or other content (telephone number, physical address and email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to the following address:

Our Secret Vacations
Attn: Our Secret Vacations Legal Department, DMCA Complaints

3427 NW 32 AVE
MIAMI FL 33142

    OR fax to:

1-866-333-1212, Attn: Our Secret Vacations Legal Support, DMCA Complaints

Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice will be sent to a third-party which may publish and/or annotate it.  As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org).  You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.  A link to your published letter will be displayed in Our Secret Vacations' search results in place of the removed content.

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that Our Secret Vacations has removed or to which Our Secret Vacations has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the Southern District of Florida, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the paper.

5. Send the written communication to the following address:

Our Secret Vacations
Attn: Our Secret Vacations Legal Department, DMCA Complaints

3427 NW 32 AVE
MIAMI FL 33142