Terms of Use

PLEASE READ THESE TERMS CAREFULLY.

THESE TERMS OF USE ARE BINDING ON ALL USERS OF BAREFOOTVACATIONTRAVEL.COM.

Introduction

These Terms of Use (“Terms”) apply to any user of the website located at barefootvacationtravel.com, including its sub-domains and mobile-optimized versions (collectively, the “Website”).

The Website is owned and operated by Barefoot Vacation Travel, LLC, a company registered in Florida, USA (“Company,” “we,” “our,” or “us”).

These Terms govern your use of the Website only. They do not govern travel booking services, reservations, or any travel-related transactions, which are subject to our separate Terms and Conditions available at barefootvacationtravel.com/terms-and-conditions/.

These Terms set out a legally binding agreement between you as a user of the Website (“User,” “you,” or “your”) and Company.

If you do not want to be bound by these Terms, do not use the Website.

If you use the Website on behalf of any entity, organization, or company (collectively, “Organization”): (1) you declare you are an authorized representative of that Organization with the authority to bind the Organization to these Terms; and (2) you and the Organization agree to be bound by these Terms. In these Terms, “you” refers to the Organization, you, and any other individual using the Website on behalf of the Organization.

All other terms, policies, disclosures, disclaimers, and other provisions we may post on the Website from time to time are a part of these Terms.

Users Under 18

This Website is intended for users who are 18 years of age or older. If you are under the age of 18, you are prohibited from using the Website. By using the Website, you represent and warrant that you are 18 years of age or older.

Acceptance of Terms

By accessing or using this Website in any manner, including browsing any page, you acknowledge that you have read, understood, and agree to be bound by these Terms. A link to these Terms is displayed in the footer of every page of the Website. If you do not agree to these Terms, you must immediately stop using the Website.

We reserve the right to modify, suspend, or discontinue the Website at any time for any reason, in part or in whole, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

The Website may contain typographical errors, inaccuracies, inconsistencies, or omissions, which we reserve the right to correct, change, or update at any time for any reason, with or without notice to you.

Authorization

You represent, warrant, and covenant that: (1) you have full power and authority to accept, to grant all authorizations, and to perform all obligations under these Terms; (2) you will use the Website for lawful, individual purposes; and (3) the address you provide when registering is your address of record.

You will not allow any other person to use your login information to access the Website. If you become aware of any unauthorized use of your account or login information, you will immediately notify us at legal@bvt.travel.

Term and Termination

These Terms become effective on the date of your initial use of the Website. The term of these Terms will continue until terminated by us in writing. The term will be renewed each time you access or use the Website following any updates we post from time to time.

We may suspend or terminate these Terms and your use of or access to the Website in our sole discretion, at any time, for any reason, with or without prior notice to you, including without limitation if you engage in any conduct prohibited by these Terms or otherwise violate any provision of these Terms. Immediately upon such termination, you will cease all use of and access to the Website and its contents.

Website Content

The Website represents Barefoot Vacation Travel, a professional travel agency serving clients throughout the United States seeking the assistance of a travel advisor.

Barefoot Vacation Travel provides travel advisory and booking services to clients throughout the United States. The Website is the online presence of that agency and is intended for use by any member of the public seeking travel planning assistance, information, or inspiration.

For information about booking travel services, reservations, or transactions with Barefoot Vacation Travel, please refer to our Terms and Conditions at barefootvacationtravel.com/terms-and-conditions/.

Website Availability

We will use commercially reasonable efforts to keep the Website operational. We may carry out maintenance on the Website as we deem necessary, at any time, for any reason, with or without notice to you. Such maintenance may temporarily impact your use of the Website.

Account Registration

To use some or all of the functionalities of the Website, you may be required to create an account and log in. At the time of registration, you may be asked to provide personal information such as your name, address, phone number, email address, username, password, and other personal information.

The collection and use of any personal information you provide is governed by our Privacy Policy, available at barefootvacationtravel.com/privacy-policy/. We encourage you to review our Privacy Policy before registering.

Username and Password

To use certain functionality of the Website, you will set up login information, including choosing a username and password. Your username will not be misleading and will comply with the content rules set out in these Terms. You will not use your account or username for or in connection with the impersonation of any third party.

You are responsible for maintaining the confidentiality of your password. You are responsible for all use of the Website via your login, whether authorized or unauthorized by you.

You will notify us at legal@bvt.travel if you have reason to believe your account is no longer secure for any reason (for example, in the event of a loss, theft, unauthorized disclosure, or use of your password).

You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such failure.

Electronic Signature

You agree that: (1) your electronic signature; (2) your click of an applicable button; (3) your check of an applicable box; or (4) any similar electronic confirmation by you via the Website constitutes the legal equivalent of your physical ink signature and confirms your agreement and consent.

Electronic Communications

By using this Website, you agree to receive electronic communications from us related to your use of the Website, including without limitation notices, disclosures, and information regarding the Website.

You accept that electronic documents, files, and records regarding the Website constitute reasonable and proper notice for purposes of compliance with applicable laws, rules, or regulations, and fully satisfy any requirement that communications be provided to you in writing. We reserve the right, in our sole discretion, to require your physical ink signature on any documents relating to the Website.

If you subscribe to our newsletter, blog notifications, or any other marketing or promotional communications through the Website, you consent to receive those communications by providing your email address at the time of signup. You may opt out of marketing or promotional communications at any time by following the unsubscribe instructions included in any such communication or by contacting us directly at legal@bvt.travel. Operational and legal notices related to your use of the Website are not subject to opt-out.

Purchases and Payments

If you purchase any product or service made available through the Website (“Purchase”), we may ask you to supply personal information including your name, billing address, payment card number, card expiration date, and related information.

You represent and warrant that: (1) you have the legal right to use any payment method you provide in connection with a Purchase; and (2) the information you supply is true, accurate, and complete.

We may use third-party payment processors to facilitate Purchases. By submitting your payment information, you authorize us to share it with those processors solely for the purpose of completing your transaction, subject to these Terms and our Privacy Policy.

We reserve the right to refuse or cancel any Purchase at any time, for any reason, including product or service availability, pricing errors, or if we reasonably suspect unauthorized, fraudulent, or unlawful activity, with or without notice to you.

This section applies to any direct purchases made through the Website and does not govern travel booking transactions, which are handled separately under our Terms and Conditions.

User-Generated Content

The Website may allow you to post, link, store, share, or otherwise make available information, text, graphics, photos, images, audio, video, or other material (“Your Content”).

You are solely responsible for Your Content, including its legality, accuracy, and appropriateness.

By making Your Content available on the Website, you represent and warrant that: (1) you own Your Content or have sufficient rights to use it and to grant the rights described in these Terms; (2) Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; and (3) Your Content does not contain material that is defamatory, obscene, unlawful, threatening, harassing, or otherwise objectionable.

By making Your Content available on or through the Website, you grant Company an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in any form, format, or medium now known or hereafter developed, for any lawful purpose in connection with operating and promoting the Website, without further notice to you and without your further consent.

You are solely responsible for protecting and defending your rights in Your Content. We are not responsible for any claim relating to Your Content, even if we have modified it.

You will not modify, repost, distribute, or use content from the Website that is not yours, in whole or in part, for any commercial purpose or personal gain without our prior written consent.

Blog and Third-Party Content

The Website may include a blog where visitors may submit or post comments, reviews, or other materials (“Third-Party Content”). Barefoot Vacation Travel, LLC does not author, endorse, or take responsibility for any Third-Party Content posted on the Website. All Third-Party Content is the sole responsibility of the person who submitted it.

Company reserves the right, but not the obligation, to review, edit, or remove any user-submitted or third-party content at any time and for any reason in its sole discretion, without notice. You acknowledge that by submitting content you are solely responsible for its substance and any consequences arising from its submission.

Content Removal

If you believe that any content appearing on the Website: (1) infringes your copyright, trademark, or other intellectual property rights; (2) violates any applicable law or regulation; (3) is defamatory, obscene, harassing, or otherwise objectionable; or (4) was posted without your authorization, you may submit a written removal request to us at legal@bvt.travel.

Your request must include: (a) your full name and contact information; (b) a description of the content you believe is problematic and its location on the Website; (c) a statement explaining the basis for your request; and (d) a statement under penalty of perjury that the information you have provided is accurate and that you are authorized to make the request.

Upon receipt of a complete and valid removal request, Company will review the request and use commercially reasonable efforts to respond within ten (10) business days. Response may include removal of the content, partial removal, or a written explanation if Company determines removal is not warranted.

Company reserves the right to remove any content at any time and for any reason in its sole discretion, without notice. Submitting a false or misleading removal request may expose you to legal liability. Company is not liable for any third-party content posted on the Website and makes no representations regarding its accuracy, legality, or appropriateness.

User Responsibility

You are solely responsible for your use of the Website, which is subject to all applicable local, state, federal, and international laws and regulations.

You agree:

Not to violate these Terms or allow, encourage, or facilitate others to do the same;

Not to access the Website using a third party’s account without the express consent of the account holder;

Not to use the Website or take any related action that is unlawful, illegal, fraudulent, or harmful;

Not to copy any content for republication in print or online;

Not to infringe copyrights or other rights relating to content on the Website;

Not to plagiarize or infringe the intellectual property rights or privacy rights of any third party;

Not to obscure or edit any copyright, trademark, or other proprietary rights notice or mark appearing on the Website;

Not to create copies or derivative works of the Website or any part thereof;

Not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;

Not to interfere with another person’s or entity’s use and enjoyment of the Website;

Not to disturb the normal flow of services provided through the Website;

Not to use data collected from the Website to contact any third party or engage in any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing);

Not to collect, receive, transfer, or disseminate any personally identifiable information of any person without the consent of the account holder;

Not to attempt to gain unauthorized access to other computer systems from or through the Website;

Not to create a link from the Website to another website or document without Company’s prior written consent;

Not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked website;

Not to use the Website or take any related action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;

Not to upload or transmit viruses or other harmful, disruptive, or destructive files;

Not to use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

Not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without the express written consent of Company;

Not to access or otherwise interact with the Website using any robot, spider, or other automated means;

Not to reverse engineer, decompile, or extract the Website’s source code; and

Not to pretend to be or misrepresent any affiliation with any legal entity or third party.

In addition to the above, unless specifically endorsed or approved by Company, the following uses and activities are prohibited:

Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

Transmitting chain letters, spam, or junk email;

Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected or linked thereto;

Using any information obtained from the Website to harass, abuse, or harm another person;

Attempting to bypass any measures of the Website designed to prevent or restrict access;

Harassing, annoying, intimidating, or threatening any officer, employee, contractor, agent, affiliate, partner, customer, or supplier of Company; and

Using the Website in any manner inconsistent with these Terms and applicable laws and regulations.

If you violate any of the above provisions, we may terminate your use of and access to the Website.

Ownership

Nothing in these Terms or on the Website will be construed as granting you any interest in the Website, in whole or in part, or in any content on the Website.

All content and materials included on the Website are copyrighted and protected under U.S. law, including without limitation images, photographs, graphics, text, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio, and other content, all of which is the property of, is licensed to, or is otherwise duly available to Company, its affiliates, its licensors, or a third-party copyright holder.

You agree that any infringing use or exploitation of copyrighted content on the Website may cause us, our affiliates, licensors, or content providers irreparable injury, which may not be remedied solely at law, and therefore Company, its affiliates, licensors, or content providers may seek remedy in equity or through injunctive or other equitable relief.

Third-Party Websites

The Website may include hyperlinks to other websites, products, services, and content owned and operated by third parties. We have no control over any third-party website or its contents and are not responsible for their accuracy, legality, or availability.

Your engagement with any third party is voluntary, at your own risk, and solely between you and that third party. We bear no responsibility or liability for any loss or damage incurred as a result of your activities with any third-party website, affiliate, or advertiser linked from the Website.

We strongly encourage you to independently verify any representation or warranty made by any third party regarding its own products and services, and to review the privacy policies and terms of use of any third-party website you visit.

International Users

The Website is operated from the United States and is intended for use by residents of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any personal information you provide through the Website may be transferred to and processed on servers located in the United States and will be subject to United States law.

No Warranty

Your use of the Website is at your own risk. The Website is provided “as is,” “with all faults,” and “as available,” without warranty of any kind.

We do not represent or warrant that the Website or its contents will be error-free, uninterrupted, secure, accurate, useful, safe, or reliable, or that our content or communications to you are free from viruses or other harmful, disruptive, or destructive files.

It is your sole responsibility to ensure the Website meets your specific requirements.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

THIS LIMITATION APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (1) LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF DATA; (2) PERSONAL INJURY OR LOSS OF PRIVACY ARISING FROM YOUR USE OF THE WEBSITE; (3) INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND (4) ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE WEBSITE AND ITS CONTENTS, INCLUDING ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, COMPLETENESS, CONDITION, QUALITY, DURABILITY, PERFORMANCE, RELIABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Your sole and exclusive remedy for any dissatisfaction with the Website, its content, or its availability is to discontinue your use of the Website. Nothing in these Terms limits any remedy you may have under applicable law that cannot be waived by contract.

Indemnification

You agree to defend, indemnify, and hold Company, its affiliates, subsidiaries, shareholders, directors, officers, employees, contractors, and agents harmless from and against any actual or threatened claims, proceedings, damages, losses, or expenses at law or in equity, including without limitation reasonable expert and attorney’s fees, arising out of: (1) your acts or omissions in connection with your use of the Website; (2) Your Content; (3) your violation of these Terms or our Privacy Policy; or (4) your violation of the rights of any third party.

Company agrees to defend, indemnify, and hold you harmless from and against any actual or threatened claims, proceedings, damages, losses, or expenses at law or in equity, including without limitation reasonable expert and attorney’s fees, arising out of Company’s gross negligence or willful misconduct in connection with the operation of the Website.

General Amendments.

We may modify, update, or terminate the Website, these Terms, our Privacy Policy, or any of our other content at any time in our sole discretion. For material changes to these Terms, we will update the effective date at the top of this document. We encourage you to review these Terms periodically. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes. For non-material corrections such as typographical errors, formatting updates, or clarifications that do not alter your rights or obligations, no advance notice is required.

No Assignment.

You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Company may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. We reserve the right, at any time, with or without notice to you, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

Severability.

If any provision of these Terms is held unenforceable, that provision will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.

No Waiver.

No forbearance or delay in enforcing these Terms will prejudice or restrict the rights of a party. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.

Force Majeure.

Company is not liable for any failure to perform its obligations under these Terms where such failure arises from any cause beyond its reasonable control, including without limitation: governmental actions; orders of domestic or foreign courts or tribunals; fires, floods, storms, explosions, pandemics, epidemics, or other acts of God or nature; failure of electronic, power, mechanical, internet, telecommunications, computer, or other equipment or infrastructure; strikes, labor disputes, riots, insurrections, civil disturbances, or war; or shortages of labor or materials. For the avoidance of doubt, this Force Majeure provision applies solely to Company’s obligations regarding the operation and availability of this Website. It does not apply to, limit, or excuse any obligations arising under our Terms and Conditions governing travel booking services, which contain their own separate force majeure provisions.

Third-Party Rights.

These Terms are not intended to benefit or be enforceable by any third party, and are not subject to the consent of any third party.

Discretion.

Where these Terms grant Company discretion, Company may exercise that discretion by considering its own interests without being required to consider the effect of its decision on you or any other party.

Interpretation.

The parties intend that: (1) headings are for reference only and will not affect the interpretation of these Terms; (2) the word “including” is without limitation; (3) no provision of these Terms will be construed against either party as its author; and (4) all provisions of these Terms are conspicuous.

Headings.

Section titles and headings are for reference only and will not affect the interpretation of these Terms.

Further Assurances.

You agree to provide Company with all necessary information, materials, and approvals, and to render all reasonable assistance and cooperation necessary to facilitate operation of the Website and enforcement of these Terms, to the extent reasonably practicable given the nature of your use of the Website.

Notices.

Notices under these Terms will be in writing. Notices to Company should be sent by email to legal@bvt.travel or by phone at 844.837.0404. Notices to you will be sent to the email address you have provided to us. All notices are effective upon the date sent. Company cannot guarantee receipt of notices sent to email addresses that are inactive, full, or otherwise unable to receive messages, and it is your responsibility to maintain a valid and active email address on file with us.

Dispute Resolution

If any dispute, claim, or controversy arises out of or relating to these Terms or your use of the Website, the parties agree to first attempt to resolve the dispute informally by contacting Company at legal@bvt.travel. If the dispute is not resolved within thirty (30) days of informal notice, either party may pursue the dispute through binding individual arbitration as described below.

Arbitration.

Any dispute not resolved informally will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in Lee County, Florida, or, at the option of the party seeking relief, by telephone or videoconference. The arbitrator will have authority to award any relief that a court of competent jurisdiction could award. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE.

Exceptions.

Nothing in this Dispute Resolution section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Governing Law and Venue

These Terms are governed exclusively by the laws of the State of Florida, without regard to its conflict of law provisions. Subject to the Dispute Resolution section above, any legal action or proceeding arising out of or relating to these Terms or your use of the Website that is not subject to arbitration, or that falls within the exceptions to arbitration stated above, will be brought exclusively in the state or federal courts located in Lee County, Florida. You hereby irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection that such courts are an inconvenient forum. The prevailing party in any such action or proceeding will be entitled to recover reasonable attorney’s fees and the reasonable costs of legal proceedings from the non-prevailing party, to the extent permitted by applicable law.

Entire Agreement

These Terms constitute the entire agreement between the parties regarding use of the Website and supersede all prior agreements regarding their subject matter. In the event of any inconsistency between these Terms and any other terms, policies, disclaimers, or provisions we may post on the Website from time to time, these Terms will control.

Contact

If you have any questions or comments regarding these Terms or the Website, please contact Barefoot Vacation Travel, LLC at:

Email: legal@bvt.travel

Phone: 844.837.0404

Website: barefootvacationtravel.com