Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the MV Vacation website (mvvacation.com), including any subdomains, mobile versions, related services, social media accounts, YouTube channel, newsletter, or any other digital properties operating under the "MV Vacation" brand (collectively, the "Website" or "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue use of the Website.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and MV Vacation ("we," "us," "our," or the "Company"). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website following any changes constitutes acceptance of those changes.

2. Eligibility

You must be at least 13 years of age to use this Website. By using the Website, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are under 18, you represent that you have your parent's or guardian's permission to use the Website and that they have agreed to these Terms on your behalf.

3. Use of Content

The content on our Website, including but not limited to articles, guides, photographs, videos, graphics, maps, recommendations, and other materials, is provided for general informational and entertainment purposes only. We strive to provide accurate and up-to-date information about Martha's Vineyard and related topics, but we do not warrant or guarantee the completeness, reliability, accuracy, or timeliness of any information published on the Website.

Users are solely responsible for independently verifying any information before relying on it, including but not limited to business hours, pricing, availability, directions, safety conditions, and local regulations. Information may become outdated between updates, and we bear no responsibility for actions taken based on outdated content.

4. Brand Assets & Digital Properties

The "MV Vacation" brand comprises a portfolio of owned and operated digital assets (collectively, "Brand Assets"), which include without limitation:

• The domain name mvvacation.com and all associated subdomains;
• The MV Vacation name, logo, trade dress, slogans, and all associated trademarks and service marks;
• The MV Vacation YouTube channel and all video content, subscribers, and channel analytics;
• All social media accounts operating under the MV Vacation name across any platform (Instagram, Facebook, TikTok, Pinterest, X/Twitter, etc.);
• All email subscriber lists, newsletter archives, and associated subscriber data;
• All written content, photographs, videos, graphics, and other media produced under or for the MV Vacation brand;
• All affiliate relationships, advertising accounts, partnership agreements, and monetization arrangements;
• All website analytics data, SEO authority, backlink profiles, keyword rankings, and audience data;
• Any registered or pending trademark applications filed under the MV Vacation name.

All Brand Assets are the exclusive property of MV Vacation and its owner(s). Any attempt to misrepresent ownership of, reproduce, or exploit these Brand Assets without express written authorization constitutes a violation of these Terms and applicable intellectual property law. In the event of any sale, transfer, merger, or acquisition involving MV Vacation, all Brand Assets transfer in their entirety to the acquiring party as a unified business portfolio, subject to the terms of any separate purchase or transfer agreement.

5. Disclaimer of Warranties

The website and all content, materials, information, and services provided on or through the website are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

MV Vacation does not warrant that: (a) the Website will be available at all times, uninterrupted, or error-free; (b) defects will be corrected; (c) the Website or the servers that make it available are free of viruses or other harmful components; or (d) the results obtainable from use of the Website will be accurate or reliable.

The information provided about Martha's Vineyard, including details about beaches, swimming locations, hiking trails, restaurants, accommodations, and other activities or attractions, is for general informational purposes only. Beaches, swimming conditions, and accessibility can vary greatly depending on factors such as weather, seasonal changes, tidal conditions, local regulations, and ongoing maintenance or conservation efforts. Visitors are strongly advised to verify the current status of any location or activity directly with local authorities, official websites, or onsite information centers before visiting.

Engaging in recreational activities at beaches, in open water, or at any locations mentioned on our Website carries inherent risks. It is the visitor's responsibility to assess their own abilities, exercise caution, and adhere to all safety guidelines. We recommend checking Weather.gov for local forecasts and water safety advisories.

We are not a travel agency, tour operator, or booking platform. The information provided should not be considered professional travel, legal, medical, or safety advice. Users must independently verify reservations, availability, weather conditions, and all other relevant details. Any reliance on information from this Website is strictly at your own risk.

6. Earnings & Income Disclaimer

MV Vacation may publish content related to tourism, local businesses, accommodations, activities, or services that includes or is adjacent to affiliate links, sponsored placements, or advertising. Any statements, projections, or descriptions of financial outcomes related to travel, business performance, or affiliate earnings on this Website are for illustrative purposes only and do not constitute guarantees of any specific result.

Individual results will vary based on effort, experience, market conditions, and other factors beyond our control. MV Vacation makes no guarantee, representation, or warranty of any kind that any particular strategy, recommendation, or course of action referenced on this Website will result in any particular financial or business outcome. You are solely responsible for your own financial decisions, and any reliance on content from this Website for financial purposes is at your own risk.

7. No Professional Relationship

Your use of this Website does not create any attorney-client, financial advisor-client, travel agent-client, medical provider-patient, or any other type of professional advisory relationship between you and MV Vacation or its owner(s), operators, employees, contributors, or agents. All content is provided for general informational and entertainment purposes only. Nothing on this Website constitutes legal, financial, medical, travel safety, or professional advice of any kind. Always consult a qualified professional before making any decision that may affect your health, safety, finances, or legal rights.

8. User Conduct

Users agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. Prohibited conduct includes, but is not limited to:

• Using the Website in any way that violates any applicable federal, state, local, or international law or regulation;
• Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Website;
• Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
• Using automated means (bots, scrapers, crawlers, AI training pipelines, or similar technologies) to access, harvest, or reproduce the Website's content for any purpose without our express written permission;
• Using any Website content to train, fine-tune, or otherwise develop artificial intelligence models, machine learning systems, or large language models without our express written permission;
• Engaging in any activity that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.

9. User-Generated Content

The Website may allow users to submit comments, reviews, feedback, or other content ("User Content"). By submitting User Content, you grant MV Vacation a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media or format, now known or hereafter developed, for any purpose, including commercial purposes. This license survives any termination of these Terms or any sale or transfer of the MV Vacation business or Brand Assets.

You represent and warrant that: (a) you own or have the necessary rights to the User Content you submit; (b) your User Content does not violate any third party's rights, including intellectual property, privacy, or publicity rights; and (c) your User Content does not contain any material that is unlawful, defamatory, or otherwise objectionable.

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion for any reason, including but not limited to content that we determine violates these Terms or is otherwise objectionable.

10. Intellectual Property

All content on the MV Vacation Website, including but not limited to text, articles, photographs, images, videos, graphics, logos, trademarks, trade names, service marks, page layout, design, icons, software, and source code (collectively, "Proprietary Content"), is the exclusive property of MV Vacation or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or commercially exploit any Proprietary Content without our prior express written permission, except as follows: (a) your browser may temporarily store copies in RAM incidental to accessing and viewing the content; (b) you may store files that are automatically cached by your browser for display purposes; (c) you may print or download one copy of a reasonable number of pages for personal, non-commercial use only, provided that no copyright, trademark, or other proprietary notices are removed.

All photos and videos on our Website are the property of MV Vacation unless otherwise credited, and must not be used without our express written permission. Requests for use, licensing, or syndication of our content should be directed to [email protected].

The MV Vacation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MV Vacation. You may not use such marks without our prior written permission. Unauthorized use of any MV Vacation trademark may give rise to claims for trademark infringement, unfair competition, and related claims under applicable law.

Ownership in Sale or Transfer: In the event of any sale, acquisition, merger, or transfer of the MV Vacation business or its Brand Assets, all intellectual property rights described in this section—including all copyrights, trademarks, domain names, content libraries, and associated goodwill—transfer entirely and automatically to the acquiring entity as part of such transaction, subject only to the terms of any separate written sale or transfer agreement. No User retains any rights to Proprietary Content following such a transaction.

11. DMCA / Copyright Complaints

We respect the intellectual property rights of others. If you believe that any content on our Website infringes upon your copyright, please send a written notice to [email protected] containing: (a) a description of the copyrighted work you claim has been infringed; (b) the URL or location on our Website where the allegedly infringing material is located; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Repeat infringers will have their access to the Website terminated.

12. Third-Party Links, Services & Advertising

Our Website may contain links to third-party websites, services, advertisements, or resources that are not owned or controlled by MV Vacation. We provide these links for convenience only and have no control over, and assume no responsibility for, the content, products, services, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that MV Vacation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

We strongly recommend that you review the terms of service and privacy policies of any third-party websites you visit.

13. Affiliate & Advertising Disclosure

MV Vacation participates in affiliate marketing programs and may display advertisements from third-party ad networks. This means we may earn commissions or advertising revenue when users click on links or make purchases through our Website. Such affiliate relationships and advertisements do not alter our editorial independence, but are disclosed in the interest of full transparency and in compliance with the Federal Trade Commission (FTC) guidelines on endorsements and testimonials (16 C.F.R. Part 255).

Affiliate links may be identified by disclosures such as "affiliate link," "sponsored," or similar language. Any sponsored content or paid partnerships will be clearly identified as such. Product or service recommendations are based on our own research and opinion, and we are not responsible for the quality, safety, legality, or suitability of products or services offered by third parties.

Affiliate relationships and advertising accounts constitute business assets of MV Vacation and transfer with any sale or assignment of the Website or Brand Assets.

14. Cookies & Tracking Technologies

Our Website uses cookies, web beacons, pixels, and similar tracking technologies to enhance user experience, analyze traffic, serve targeted advertisements, and support affiliate marketing functions. By continuing to use the Website, you consent to our use of these technologies in accordance with our Privacy Policy.

You may control cookie settings through your browser preferences; however, disabling cookies may affect your ability to use certain features of the Website. Third-party advertising partners, including Google and other ad networks, may use cookies independently in accordance with their own privacy policies.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall MV Vacation, its owners, operators, affiliates, successors, assigns, or their respective directors, officers, employees, agents, partners, or suppliers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with:

• Your access to or use of (or inability to access or use) the Website;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Personal injury, property damage, or any other harm resulting from your reliance on information found on the Website;
• Any activities, events, or attractions mentioned on the Website;
• Any interruption, suspension, or termination of the Website for any reason;
• Any change in ownership, operator, or management of the Website or Brand Assets.

In no event shall our total liability to you for all claims exceed the amount of one hundred U.S. dollars ($100.00). This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

16. Indemnification

You agree to defend, indemnify, and hold harmless MV Vacation, its owners, operators, affiliates, successors, assigns, licensors, and their respective directors, officers, employees, agents, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any copyright, trademark, property, or privacy right; (d) any claim that your User Content caused damage to a third party; or (e) any claim related to actions taken based on information found on the Website. This indemnification obligation will survive the termination of these Terms, your use of the Website, and any sale or transfer of the MV Vacation business or Brand Assets.

17. Privacy & Data

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. By using the Website, you consent to the collection and use of information as described in our Privacy Policy.

We comply with applicable data protection regulations, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) where applicable. Visitors from the European Economic Area (EEA) or the United Kingdom have additional rights under the GDPR, including rights of access, rectification, erasure, restriction, portability, and objection. To exercise any such rights, contact us at [email protected].

In the event of a sale, merger, or transfer of MV Vacation, user data and subscriber lists constitute business assets that may be transferred to the acquiring entity, subject to the obligations of our Privacy Policy.

18. Termination & Suspension

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Website at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may terminate or suspend your access if we reasonably believe: (a) you have violated these Terms; (b) you have engaged in conduct that could damage our reputation or that of any third party; or (c) continued access poses a security risk to us or any third party.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Assignment, Transfer & Sale of Business

MV Vacation may assign, transfer, delegate, or sublicense any or all of its rights, obligations, interests, and Brand Assets under these Terms, in whole or in part, to any person or entity at any time, without notice to you and without your consent. This includes, but is not limited to, assignments in connection with: a merger or acquisition; a sale of assets or Brand Assets (including domain names, content, social media accounts, YouTube channels, affiliate agreements, email lists, and associated goodwill); a corporate reorganization; a change of ownership; an asset purchase agreement; or any other business or commercial transfer.

In such event, the assignee or transferee shall assume all of our rights and obligations under these Terms, and you agree to be bound by these Terms as if originally entered into with such assignee or transferee. You further acknowledge that the sale or transfer of MV Vacation or its Brand Assets does not give rise to any claim, right of action, or entitlement on your part, and you waive any objection to such transfer to the fullest extent permitted by law.

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any purported assignment by you in violation of this section shall be void.

20. Dispute Resolution & Arbitration

Informal Resolution: Before filing any formal legal action, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days from the date notice of the dispute is sent.

Binding Arbitration: If the dispute cannot be resolved informally, you and MV Vacation agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Website shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) then in effect. Arbitration shall take place in the Commonwealth of Massachusetts. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator's decision shall be final, binding, and non-appealable (except as provided by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.), and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Opt-Out: You may opt out of binding arbitration by sending written notice to [email protected] within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved exclusively in the courts described in Section 21.

Class Action Waiver:You and MV Vacation 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, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, including but not limited to trademark and copyright claims.

Costs of Arbitration: The party initiating arbitration shall pay the applicable AAA filing fees. All other costs of arbitration shall be allocated in accordance with AAA rules, except that MV Vacation will not seek attorneys' fees from you unless the arbitrator determines your claim was frivolous or brought in bad faith.

21. Governing Law & Jurisdiction

These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Dukes County, Massachusetts, for the resolution of any disputes.

22. Force Majeure

MV Vacation shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, labor disputes, or any other force majeure event. In such circumstances, MV Vacation's obligations under these Terms are suspended for the duration of the force majeure event.

23. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. Any unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties.

24. Entire Agreement & Waiver

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Website, constitute the entire agreement between you and MV Vacation regarding your use of the Website, superseding any prior agreements (including any previous versions of these Terms).

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MV Vacation's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. All waivers must be in writing and signed by an authorized representative of MV Vacation to be effective.

25. Changes to Terms of Service

We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. Material changes will be indicated by updating the "Last Updated" date at the top of this page. We may, but are not obligated to, notify users of significant changes via email or a prominent Website notice. It is your responsibility to review these Terms periodically. Your continued use of the Website after any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website.

26. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email:[email protected]
• Website:mvvacation.com/contact