Welcome to Adestinn.com (the “Site”).
The Site is owned and operated by Adestinn, LLC (“Adestinn”) and consists of services and content provided by Adestinn and its licensors (the “Adestinn’s Licensors”) and other third parties.
These Terms of Use set forth the terms and conditions that apply to your use of the Site (the "Agreement"). IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. By using the Site, you agree to comply with all of the terms and conditions of this Agreement.
1. Adestinn’s Role
Adestinn publishes proprietary content on the Site. Adestinn is not the owner of, or responsible in any way for, any third party content on the Site. The Site may include links to websites not owned or operated by Adestinn. Adestinn is not responsible for any third-party websites. Refer to Section 5 below for Adestinn’s complete disclaimer of warranties and limitation of liabilities.
2. Your Responsibilities in Using the Site
You may use the Site only for lawful and non-commercial, personal, and private purposes. You are responsible for your actions with respect to the Site.
If you choose to register and become an Adestinn Vacation Savings Match Program member (“Member”), you also agree to abide by all of the terms and conditions of the Adestinn Vacation Savings Match Program Membership Agreement (the “Member Agreement”). You are responsible for protecting the confidentiality of any passwords or other login credentials used to access the Site, and are solely responsible for the use of the Site by any other party that accesses the Site using your passwords or other login credentials. Please contact Adestinn immediately at the e-mail address set forth below if you believe that your password or other login credentials have been lost or stolen, or that a third party may attempt to use your password or other login credentials. Your right to use the Site is personal to you and may not be shared with any third party other than as specified in the Member Agreement.
You agree not to encourage, facilitate, or permit any third party to take any action that, if taken directly by you, would violate the terms of this Agreement.
3. Proprietary Content
You may download content displayed on the Site for your non-commercial, personal, and private use only, subject to the terms of this Agreement. You agree to retain all copyright and other proprietary notices included with such content. You may not distribute, make electronically available, modify, or create derivative works of such content without the written consent of Adestinn or the applicable owner or licensor of such content, as the case may be.
The Site contains content that is proprietary to Adestinn and Adestinn’s Licensors. This content may include, without limitation, software, text, images, photos, video, graphics, music and sound. You acknowledge that you do not have or acquire any ownership rights by accessing or otherwise using such content.
Adestinn’s name and Adestinn-branded logos and related trademarks/servicemarks are the marks of Adestinn; the names and logos of Adestinn’s Licensors, and related trademarks/servicemarks, are the marks of the applicable licensor. Adestinn, or the applicable licensor, as the case may be, reserves all rights to these marks and its proprietary content used on or in connection with the Site.
Without limiting any other rights or remedies of Adestinn, Adestinn may suspend or terminate your status and access as a Member, if, in Adestinn’s sole discretion, there is any violation or threatened violation of any of the terms of this Agreement by you.
5. Disclaimer of Warranties; Limitation of Liability
YOU USE THE SITE AT YOUR OWN RISK. ADESTINN PROVIDES THE SITE AND ALL CONTENT THEREON "AS IS", “AS-AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADESTINN DOES NOT GUARANTEE THAT THE SITE IS SAFE OR SECURE. ADESTINN DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. ADESTINN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. ADESTINN IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ADESTINN’S LICENSORS), AND YOU RELEASE ADESTINN, ITS AFFILIATES, AND ITS AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY OF THE FOREGOING PARTIES. ADESTINN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE, EVEN IF ADESTINN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADESTINN’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SITE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID ADESTINN. APPLICABLE LAW MAY NOT ALLOW FOR THE DISCLAIMING OF CERTAIN WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE DISCLAIMERS, LIMITATIONS, AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ADESTINN’S DISCLAIMERS SHALL BE EFFECTIVE, AND ITS LIABILITY SHALL BE LIMITED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. Indemnification
If any third party brings a claim against Adestinn, its affiliates, Adestinn’s Licensors, or any owner, director, officer, employee, or agent of Adestinn, any of its affiliates, or any of Adestinn’s Licensors (the “Adestinn Parties”) related to (i) your actions with respect to the Site, (ii) any breach or alleged breach by you of any of the terms of this Agreement, or (iii) any violation or alleged violation of law by you, you shall indemnify and hold any and all Adestinn Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
7. Termination
Either Adestinn or you may terminate this Agreement at any time upon notice to the other party. If you are a Member, Adestinn may provide notice to you via e-mail to your e-mail of record with Adestinn. You shall provide any termination notice to Adestinn to the address set forth in Section 13 below. The provisions of Sections 5, 6, 11, 14, and 15 shall continue to apply after termination by either party.
8. Additional Terms and Conditions
Certain areas of the Site may provide for additional products, services, or features and may include additional terms and conditions. To the extent that you elect to access or receive such additional products, services, or features, the related additional terms and conditions are incorporated herein by reference. To the extent the terms of this Agreement are inconsistent with such additional terms and conditions, such additional terms and conditions shall apply.
9. Member Agreement
Adestinn has established a Member Agreement for the Member’s only portion of the Site that is incorporated as part of this Agreement by reference.
10. Special Provisions Applicable to Users Outside the United States
If you are a user of the Site outside the United States, you consent to having your personal data transferred to and processed in the United States.
11. Your Suggestions
Adestinn appreciates your feedback or other suggestions about the Site, but you understand that Adestinn may use your feedback or other suggestions without any obligation to compensate you for them.
12. Miscellaneous
This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all previous agreements between the you and Adestinn with respect to such subject matter.
If any portion of this Agreement is found to be unenforceable, the remaining portion shall remain in full force and effect. If Adestinn fails to enforce any of this Agreement, such failure shall not be considered a waiver. Any waiver of any term of this Agreement must be made in writing and signed by Adestinn in order for such waiver to be enforceable against Adestinn. You may not transfer any of your rights or obligations under this Agreement to any third-party without the written consent of Adestinn. All of Adestinn’s rights and obligations under this Agreement are freely assignable by Adestinn in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. This Agreement does not confer any third-party beneficiary rights.
13. DMCA Notice
Adestinn owns, protects and enforces copyrights in its own proprietary content and respects the copyright properties of others. Content is made available on or via the Site by third-parties not within the control of Adestinn. It is Adestinn’s policy not to permit content known by Adestinn to be infringing to remain on the Site. You should notify Adestinn promptly if you believe any content on the Site infringes a third-party copyright. Upon Adestinn’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), Adestinn shall respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to content claimed to be infringing or by removing or disabling access to links to such content. Pursuant to the DMCA, Adestinn has designated the agent below to act as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user of the Site, on the Site. The contact information for such agent of Adestinn is:
Email: membersupport@adestinn.com
14. Resolution of Disputes
Subject to Section 13 above, Adestinn is under no obligations to resolve, or facilitate the resolution of, any disputes between you and any third-party, including, without limitation, any End User.
You agree to resolve any claim, cause of action or dispute ("claim") you have with Adestinn or any of its affiliates arising out of or relating to this Agreement exclusively in a state or federal court located in Hennepin County, Minnesota. The laws of the State of Minnesota shall govern this Agreement, as well as any claim that might arise between you and Adestinn or any of its affiliates, without regard to conflict of law provisions. You hereby irrevocably submit to the personal jurisdiction of the courts located in Hennepin County, Minnesota for the purpose of litigating all such claims.
15. Limitation on Claims.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
16. Changes to this Agreement
Adestinn may change this Agreement at any time without your affirmative consent by providing you with written notice that the policy has changed. The means of providing this notice includes, without limitation, (i) Adestinn providing, on the Site’s home page and/or the Site’s login page, a prominent and conspicuous notice of the change and a hyperlink to the web page displaying the new Agreement, or (ii) Adestinn e-mailing you notice of the change and including a link to this web page displaying the new Agreement. If you elect to become a Member of the Site, Membership will include that you agree to receive e-mails notifying you of changes to this Agreement and/or other Adestinn agreements and policies (such as the Privacy and Security Policy).
Notwithstanding any provision of this Agreement to the contrary, Adestinn may make changes to this Agreement without notice to comply with applicable laws and such changes shall be binding on you and Adestinn.
DATE OF LAST MODIFICATION: May 2, 2022