TERMS AND CONDITIONS
1) I/We have purchased a software license to use 5Star Innovations(“5SI”), a travel concierge service licensed independently, maintained and serviced by 5Star Innovations, and its affiliates from the Independent Sales Organization (“ISO”) whose name, address, and telephone number are stated above. The ISO is an independent contractor and not an agent, representative or employee of 5SI. 5SI has no ownership interest in, or control over, the ISO.
2) I/We acknowledge and confirm that 5SI is responsible only for those statements that are made and published in its official written materials, 5SI webinar presentations, and website content, which bear 5SI’s name and logo. 5SI shall not be responsible for statements or representations made by the ISO or any others in connection with the sale or purchase of an 5SI license which are not fully consistent with approved statements and representations made in 5SI’s official literature, webinar, and website. Copies of all official written 5SI literature and webinar can be viewed or obtained from 5SI’s website.
3) I/We have purchased the license for our personal use in connection with booking and purchasing travel and accommodations. 5SI limits license to licensees of a single family in a single household, and only Licensees of 5SI may book and purchase travel and accommodations through 5SI. 5SI licensees may purchase guest passes for friends and family valid for a single usage in a 12 month period. I/We understand it is policy that only its Licensees or authorized guest pass users of the Licensee may request travel services and quotes, book reservations, and purchase travel and accommodations through 5SI. This must be done only through 5SI’s web portal or toll free number, and the Licensee must approve all travel and accommodations reservations before a trip and accommodations are purchased.
4) I/We understand that travel and accommodations offered through 5SI’s concierge services is time-sensitive and that prices for travel and accommodations can vary widely and depend upon a number of variables, including the season, date and time of booking, the location, duration, availability and quality of accommodations and travel provider, and whether the travel or accommodations are purchased at the time of booking or paid later.
5) I/We understand that to receive my user name and password, my license application must be submitted with the applicable fees before I can access the web portal reservation system; and further, a signed copy of this Acknowledgment and online 5SI License Agreement must be signed and received in order to complete the enrollment process and/or to secure reservations.
6) I/We understand that the license that I/we purchased is a vacation and travel concierge service that provides access to planning, booking and purchasing travel and accommodation services and products. 5SI is not an exchange organization, travel broker, travel consolidator or buyer's club. I/We understand that 5SI is not an agent for any exchange company, but does have arrangements with, and access to, exchange companies, condominium owners, Homeowner's Associations, and vacation and travel organizations to book accommodations reservations.
7) I/We understand and agree that all rules, fees, and regulations governing travel and accommodations offered by 5SI are subject to change and that 5SI may use outside resources or affiliates to provide services.
8) I/We understand that the benefits, uses, offerings and services of 5SI may vary, depending upon the particular type of license that I/we purchased. I/We understand that no singular benefit or facet of a particular benefit in 5SI should be relied upon to save, refund or return the purchase price of my/our benefits. I/ We understand that 5SI will exercise its best efforts to obtain the lowest published price at time of booking and purchase of a specific travel product or accommodation. Due to the highly competitive and rapidly changing nature of the travel and hospitality industries, 5SI cannot guarantee a specific quoted discount or price until the actual time of purchase. I/We understand that 5SI may add new benefits at any time, and may replace current vendors, products, or benefits as necessary. 5SI posts notice of its current benefits on its website. Prices, discounts, services and terms offered or quoted by 5SI are subject to change and price quotes are not final until the time of purchase.
9) I/We understand that if a confirmation is cancelled by a resort, cruise line, or travel and accommodations supplier for any reason, any refund I may be entitled to is limited to the actual amount I paid for that confirmation, if cancelation policy permits, and the refund will be issued by the supplier or resort through whom the trip was booked, based upon their respective cancelation and refund policy, and not through 5SI.
10) I/We acknowledge and agree that I/we may sell or transfer the License I/we are purchasing after a period of 12 months from the date of this Acknowledgment with prior written consent of 5SI, which may not be unreasonably withheld. The approval process and form for transfer or sale of a license are posted on the website. If 5SI consents to transfer of a license, 5SI requires payment to 5SI of a transfer fee equal to one year of annual license payment. The Licensee must be current in annual license fees at time of transfer.
11) I/We understand that 5SI will not resell for or repurchase this License from us.
12) I/We acknowledge that access to and use of 5SI’s personalized concierge travel services in lieu of planning, booking and purchasing travel and accommodations on my own is a valuable service even if I/we choose to not purchase travel or accommodations through 5SI. I/We are purchasing a license in 5Star Innovations for the travel planning and booking services provided by 5SI and for access to accommodations and are not solely relying on the value of discounts as my/our reason for purchasing a License with 5Star Innovations. I/we acknowledge and confirm that I/we understand that any savings that I/we receive from a license in 5SI are dependent upon the nature, frequency and amount of travel and accommodation purchases that I/we make and market conditions over which 5SI has no control. I/we do not expect to recoup my license purchase price and/or annual license fees through discounts alone since such discounts dependent upon purchasing travel products offered in connection with a license in 5SI.
13) I/We certify that I/we did not purchase this License as a financial investment, but rather for our convenience, access to personalized travel booking and planning services offered by 5SI, and the opportunity to obtain discounted travel products and accommodations. I/we represent that the purchase of this License and compliance with 5SI’s stated policies do not constitute a financial burden. I/We certify that I/we are of legal age and otherwise competent to contract and that the purchase was my/our own free and voluntary act. I/We further certify that during any discussions or negotiations for the purchase of license in 5Star Innovations, no duress or undue influence was used by my/our representative or any other person to induce me to purchase a license.
14) I/We understand that 5SI is a product produced by 5Star Innovations, who’s function is accommodation advice, consultation, product and service offerings to their eligible Licensees. Any representations concerning 5SI are limited to the materials published and provided by 5SI on its website, 5SI publications, this document, the 5SI License Application, and 5SI’s license kit. 5SI is not an agent for any affiliated groups, or any resort, hotel, condominium, common carrier or other travel group, and is not responsible for any representation or performance by any person or entity other than 5SI and its employees. 5SI has no responsibility or liability for any other product, club, package, or service. 5SI is a service organization whose objective is providing travel planning and booking services, access to accommodations and travel savings for persons who purchase its services and maintain active status by searching for the lowest rate at time of booking through various travel wholesalers and brokers available to 5SI. It is not responsible for, and shall not by its actions or lack thereof become responsible for, any act of God, terrorism, war, changes in routing, delays, lost or misplaced baggage, or other unforeseeable events while a Member is in transit or in use of affiliated properties. I/we expressly acknowledge and agree that I/we have not received or relied upon any oral or written statement or image containing any statement or condition contrary to those made in writing in this Acknowledgement or 5SI’s website. No one has made any separate oral or written offers, promises, representations, agreements or warranties regarding the nature, characteristics, uses, benefits or obligations of a license in 5SI or use of its services that are material other than those contained in this Acknowledgement and 5SI web portal. 5SI disavows and will not accept any effort or agreement to materially alter, delete, waive or otherwise change any disclosures, terms or conditions contained in this Acknowledgement and the online 5SI License Agreement. Any material modification or alteration of this Acknowledgement may void my license.
15) I/We understand and agree that 5SI shall not be responsible for any direct costs or consequential damages incurred by Licensee in connection with purchase of a license in 5Star Innovations, or as a result of any accommodation or travel reservation or trip booked or purchased through 5SI.
16) When listing states and entities that 5SI is or may be registered with for marketing, sale, distribution or operation, no endorsement by that state or entity is meant or implied in any manner whatsoever. I/We understand and agree to exercise our best efforts to resolve any disagreement or dispute with 5Star Innovations, by means of an amicable negotiation. In the event any dispute between the Licensee and 5SI cannot be resolved by amicable negotiation, Licensees and 5SI agree that either Licensee or 5SI may submit the dispute to binding arbitration to the American Arbitration Association under that the AAA Rules of Commercial Arbitration. The arbitration shall be conducted in Dallas, Texas or any other venue that the parties agree upon. I/we and 5SI agree that this Acknowledgement and all agreements and transactions between me/us and 5SI shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas, without regard to the doctrine of the conflict of laws. I/We and 5SI agree that if any portion of this Agreement or term or condition of 5SI’s license is found to be invalid, unenforceable, illegal or void for any reason, such provision shall be replaced with a provision that is valid, enforceable, and legal and which, to the greatest extent possible, provides the same rights, duties and/or obligations as were provided in the invalid, unenforceable, illegal and/or void provision. All other provisions of this Agreement shall continue to be enforced as written.
17) I/We acknowledge and confirm that I/we have fully read and understood each and every section or portion of this Acknowledgement which I/we have initialed before making a decision to purchase a license in 5SI. By signing this Acknowledgement and purchasing a license in 5SI, I/we agree to be bound by all of the provisions in the Acknowledgement.
18) I/We acknowledge and confirm that all of my/our financial dealings and other transactions with the ISO including, but not limited to, payment of the purchase price of a license in 5SI, marketing methods, timeshare resale, relief or trade in, and sales inducements are the sole responsibility of the ISO and are not the responsibility of 5SI. I/We agree to release and hold harmless 5SI, its affiliates, employees and representatives from and against all claims, damages, losses, and expenses or fees, arising from or related to the travel/accommodations certificates and other sales inducements promised or received by Licensees that are offered, provided or performed by any person or entity as an inducement for Licensees to attend a sales presentation or to purchase my License. I/we agree that ISO and the third party provider are solely responsible to Licensees for the fulfillment of such sales inducements. I/We acknowledge that if this transaction includes relinquishing a timeshare, we have been informed that the transfer of ownership of the timeshare is a transaction separate and distinct from the concurrent purchase of the 5SI license and the two shall be considered separate transactions for any and all purposes.