Privacy Policy | Terms of Service
PRIVACY POLICY
Top Orlando Resorts LLC
Privacy Policy for flresorthomes.com
Effective Date / Last Updated: June 26, 2026
This Privacy Policy (“Policy”) describes how Top Orlando Resorts LLC (“Company,” “we,” “us,” or “our”), the operator of flresorthomes.com (the “Site”) and provider of vacation rental property management, guest services, owner/management inquiry services, and related tools (collectively, the “Services”), collects, uses, discloses, and protects information when you access or use the Site or Services. This applies to all visitors, prospective guests, guests, property owners/clients, and other users.
By accessing or using the Site or Services, providing information via forms (including inquiries, bookings, or the Revenue Estimator Tool), or otherwise interacting with us, you acknowledge that you have read, understand, and agree to this Policy and our Terms of Service. If you do not agree, do not use the Site or provide information.
1. Information We Collect
We collect information you provide directly, information collected automatically, and information from third parties.
Information You Provide Directly: Name, contact information (email, phone number for SMS/WhatsApp/calls, mailing address), booking/reservation details (dates, property, number of guests, special requests/preferences), payment information (processed by third-party processors; we do not store full card details), account credentials (if applicable), communications (messages, feedback, support requests), information submitted via the Revenue Estimator Tool (e.g., property details, expected occupancy, inputs for estimates), owner/management inquiry details, and any other information you choose to provide (e.g., reviews, photos, preferences for guest experience).
Information Collected Automatically: Device/browser information (IP address, device type/ID, operating system, browser, screen resolution), usage data (pages visited, time spent, clicks, referral URLs, interactions with tools like the Revenue Estimator), cookies and similar technologies (for functionality, analytics, preferences, security), location data (approximate, from IP or device settings; you can disable), and other technical data. We may use web tags, scripts, and analytics providers (e.g., Google Analytics).
Information from Third Parties: Booking platforms/OTAs or PMS providers (e.g., Guesty or similar for reservations, guest data), payment processors, marketing/analytics partners (anonymized or aggregated where possible), public sources, social media (if you interact), referral partners, or service providers (e.g., for verification or enrichment). We may combine information.
We do not knowingly collect personal information from children under 13 (or 16/18 where applicable under COPPA or similar). The Site and Services are not directed to children. If we learn we have collected such data, we will delete it.
2. How We Use Your Information
We use information to: provide and improve the Site and Services (including processing inquiries, bookings, guest communications, turnovers, maintenance coordination, and owner reporting); facilitate reservations and guest experiences (including personalized communications in English or Portuguese where requested); operate and improve the Revenue Estimator Tool and other tools; send transactional/service communications (booking confirmations, pre-arrival info, during-stay support, issue resolution, feedback requests) and, with separate consent where required, marketing/promotional communications (offers, updates, rebooking invitations); analyze usage, trends, and performance for optimization; prevent fraud, enforce terms/house rules, ensure safety/compliance (including pool safety and local regulations), and protect rights/property/safety of Company, owners, guests, and others; comply with legal obligations (taxes, reporting, subpoenas); and for other purposes disclosed at collection or with consent.
We may de-identify or aggregate data for analytics, research, or service improvement.
3. Communications Consent (SMS, WhatsApp, Email, Phone, and Other Channels)
By providing your phone number, email, or other contact information, submitting forms, making inquiries or bookings, or using the Services, you expressly consent to receive communications from us (and our service providers) via email, SMS/text message (including via automated systems or autodialers where applicable), WhatsApp (business-initiated messages where you have opted in or provided consent), phone calls (including automated or prerecorded where permitted), and other electronic or traditional means.
This includes transactional and service-related messages necessary or appropriate for your inquiry, booking, stay, account, or Services (e.g., confirmations, reminders, check-in instructions, support for issues like maintenance or feedback, Portuguese translations where relevant). For these, prior express consent (which can be written or oral) is obtained via your provision of contact info and acceptance of this Policy and Terms of Service.
For marketing or promotional communications (e.g., special offers, newsletters, rebooking incentives, or owner lead follow-up), we obtain separate prior express written consent where required by law (e.g., TCPA), typically via a clear, conspicuous checkbox or affirmative action on forms stating something like: “I consent to receive marketing and promotional communications via email, SMS, WhatsApp, or phone from Top Orlando Resorts LLC. I understand this is not required to use the Services or complete a booking, and I can opt out at any time.” Msg & data rates may apply. Frequency varies.
Opt-Out: You may opt out of marketing at any time by following unsubscribe instructions in emails, replying “STOP” (or similar) to SMS/WhatsApp, contacting us, or updating preferences (if account available). Transactional/service messages may continue as necessary for the relationship. We honor opt-outs promptly. Every marketing or promotional message will include clear identification of us as sender and easy opt-out instructions.
You represent and warrant that any phone number or contact info you provide is accurate, yours (or you have authority from the owner), and that you have authority to consent on behalf of your party. We may record calls for quality, training, and compliance (with notice or consent where legally required). WhatsApp communications are subject to WhatsApp’s terms and our Business API practices; consent covers business-initiated messages per your opt-in.
We comply with TCPA, CAN-SPAM, CTIA guidelines, Florida laws, and other applicable regulations. Consent is not a condition of purchase or using core Services (except to the extent contact info is needed for transactional purposes). We maintain records of consents (including form submissions, timestamps, and IP addresses) to demonstrate compliance.
4. How We Share Your Information
We do not “sell” personal information as defined under CCPA/CPRA (we have no actual knowledge of selling personal information of minors under 16). We share as necessary:
With property owners/clients for properties you book or inquire about (booking details, guest info, communications, performance data—necessary for management services).
With service providers and processors (PMS like Guesty or equivalents for bookings/guest messaging/auto-tasks; payment processors for transactions; email/SMS/WhatsApp providers; analytics; hosting; marketing; cleaning/maintenance/handyman vendors on a need-to-know, limited basis for operations; storage or logistics providers). These are bound by confidentiality and data protection obligations.
With affiliates or related entities for operational or marketing purposes (consistent with this Policy).
For legal, safety, or compliance reasons: To respond to subpoenas, court orders, or legal processes; investigate/prevent fraud, violations of terms/house rules, or illegal activity; protect rights, property, or safety of Company, owners, guests, or the public; or comply with tax/tourist tax obligations or local STR regulations.
In business transfers: In connection with mergers, acquisitions, financing, or asset sales (acquirer assumes obligations under this Policy or provides notice).
With your direction or consent (e.g., sharing with third parties you request).
Aggregated or de-identified data (non-personal) for any purpose.
We require appropriate safeguards from recipients. Third-party sites/links (e.g., OTAs, maps, resort sites) have their own policies—we are not responsible for them.
5. Cookies and Tracking Technologies
We use cookies, pixels, local storage, and similar technologies for essential functionality (e.g., session management, security), performance/analytics (usage patterns, A/B testing), personalization (preferences, language), and advertising (remarketing where consented). You can manage cookies via browser settings (may affect functionality). We do not respond to “Do Not Track” signals in a particular way but honor opt-outs for marketing as described. See our Cookie Notice [link if separate] for details.
6. Data Security
We implement reasonable administrative, technical, and physical safeguards designed to protect information against unauthorized access, alteration, disclosure, or destruction (e.g., encryption in transit, access controls, secure processors). However, no method of transmission over the Internet or electronic storage is 100% secure. You acknowledge the inherent risks and that we cannot guarantee absolute security. In the event of a breach affecting personal information, we will notify you and authorities as required by applicable law (e.g., timing and method per state/federal rules).
7. Data Retention
We retain information for as long as necessary to provide the Services, fulfill the purposes in this Policy, comply with legal/tax/audit obligations (e.g., booking and financial records often 7+ years), resolve disputes, enforce agreements, or as otherwise permitted/required. You may request deletion (subject to exceptions like legal holds or ongoing transactions). Upon deletion requests, we will delete or anonymize where feasible, but backups or residual copies may persist for a limited time.
8. Your Privacy Rights and Choices
Subject to applicable law (e.g., CCPA for California residents, GDPR principles for EEA/UK users where we process their data):
Access/Portability: Request a copy of personal information we hold about you.
Correction: Request correction of inaccurate information.
Deletion: Request deletion (with exceptions, e.g., legal requirements, ongoing services, fraud prevention).
Opt-Out of Sale/Sharing for Targeted Advertising: We do not sell personal information; you may opt out of certain sharing or targeted ads via industry tools (e.g., YourAdChoices, Google settings) or by contacting us.
Opt-Out of Marketing: As described in Section 3 (STOP, unsubscribe, etc.).
Restriction/Object: In certain cases, restrict processing or object to certain uses.
Withdraw Consent: Where processing is based on consent (e.g., marketing), withdraw at any time (does not affect prior lawful processing).
To exercise rights, contact us via the details below or a web form. We will verify your identity and respond within timeframes required by law (e.g., 45 days for CCPA, extendable). We will not discriminate against you for exercising rights. California residents: See our CCPA notice [or include link/details if needed; we do not sell and provide rights as above].
For international users (EEA/UK/Switzerland or similar): You may have additional rights under GDPR/equivalent. We rely on appropriate transfer mechanisms (e.g., Standard Contractual Clauses) where data is transferred to the US. You may lodge complaints with your supervisory authority.
9. Third-Party Links and Content
The Site may contain links to third-party websites, OTAs, resort portals, or content. We are not responsible for their privacy practices, content, or security. Review their policies before providing information.
10. Changes to This Policy
We may update this Policy periodically to reflect changes in practices, law, or Services. The “Last Updated” date will change. For material changes, we may provide notice via Site banner, email, SMS, or other means. Your continued use of the Site or Services after changes constitutes acceptance. Review periodically.
11. Contact Us
For questions, concerns, rights requests, or complaints about this Policy or our practices:
Top Orlando Resorts LLC
8297 Championsgate Blvd, Champions Gate, FL 33896
Email: contact@flresorthomes.com (or use contact form on Site)
Phone: 689-333-6229
We will respond promptly and work to resolve issues.
TERMS OF SERVICE / TERMS AND CONDITIONS
Top Orlando Resorts LLC
Terms of Service for flresorthomes.com
Effective Date / Last Updated: June 26, 2026
These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you,” “your,” or “User”) and Top Orlando Resorts LLC (“Company,” “we,” “us,” or “our”) governing your access to and use of flresorthomes.com (the “Site”) and our Services (vacation rental property management for luxury homes in Central Florida resorts including but not limited to Solterra, Champions Gate, Windsor properties, etc.; guest booking facilitation and support; owner/management inquiries and services; the Revenue Estimator Tool; communications; and related features).
PLEASE READ THESE TERMS CAREFULLY. They include important provisions on assumption of risk, release of liability, indemnification, limitation of liability, dispute resolution (arbitration or litigation with venue selection), class action waiver, consents for communications (SMS, WhatsApp, email, phone), disclaimers for the Revenue Estimator Tool, and more. By accessing or using the Site or Services (including submitting any form, using the Revenue Estimator Tool, inquiring about bookings or management services, or providing contact information), you acknowledge that you have read, understand, and agree to be bound by these Terms, our Privacy Policy, and any applicable House Rules, Rental Agreement, or property-specific addenda. If you do not agree, do not use the Site or Services.
These Terms apply to all users (visitors, prospective/actual guests, property owners/clients). Specific bookings or management engagements may be governed by additional agreements (e.g., e-signed Rental Agreement), which control in case of conflict for that transaction.
1. Acceptance and Electronic Agreement
Your use of the Site or Services, or any affirmative action (clicking “I Agree,” submitting a form, checking a box, or continuing after notice), constitutes acceptance of these Terms and the Privacy Policy as a clickwrap or browsewrap agreement. This is an electronic signature and record under the U.S. ESIGN Act and Florida Uniform Electronic Transaction Act—fully binding and enforceable. You represent you are at least 18 years old (or the age of majority) and have authority to agree on behalf of yourself and any party you book for or represent. We may update Terms; continued use after notice = acceptance of changes.
2. Description of Services and Site
The Site provides information about our managed luxury vacation rental properties, facilitates inquiries and bookings (often via integrated PMS/OTAs like Guesty or direct leads), offers owner/management services, hosts tools like the Revenue Estimator, and enables communications. We manage properties owned by third-party owners; we are not the owner of guest-booked properties unless explicitly stated. Availability, amenities, photos, and descriptions are subject to change, maintenance, seasonality, and third-party factors. We strive for accuracy but make no guarantees.
3. User Accounts, Security, and Conduct
If accounts or logins are offered, you are responsible for maintaining confidentiality of credentials and all activity under your account. Notify us immediately of unauthorized use. We may suspend or terminate accounts for violations. You agree to provide accurate, current information and update it promptly.
Prohibited Conduct: You shall not use the Site or Services for any illegal, harmful, infringing, harassing, abusive, defamatory, obscene, or fraudulent purpose; violate any laws, third-party rights (IP, privacy, publicity), or our policies/House Rules; engage in spamming, scraping, reverse engineering, hacking, or interfering with the Site; upload malicious code or false/misleading content; or attempt to circumvent security or limits. We may monitor use, remove content, and cooperate with authorities. Violations may result in termination, forfeiture of fees, damage claims, and bans from future bookings/services.
4. Bookings, Reservations, Payments, Cancellations, and Rental Agreements
Bookings may be facilitated directly, via OTAs/PMS, or inquiries leading to reservations. All bookings are subject to availability, our confirmation, and the specific Rental Agreement/House Rules/Pool Addendum for the property and dates (which you must review and accept separately, often via e-signature). These website Terms are additional and overarching.
You are responsible for reviewing all details (dates, occupancy, fees, policies) before confirming. Payments (rental, cleaning, taxes, security deposits or authorizations, add-ons like pool heat) are processed per the agreement or platform terms. We or our processors collect and remit applicable taxes/tourist taxes where required. Cancellations and refunds are governed by the specific agreement/policy for your booking (often strict for peak season luxury homes).
Guest Responsibilities: Comply with all House Rules (e.g., max occupancy, no parties/large gatherings, quiet hours, no smoking/vaping of any kind including cannabis—violations trigger extra cleaning fees often $500+, forfeiture of amounts paid, eviction without refund, damage claims, and future booking bans; evidence such as photos, sensors, or neighbor reports is conclusive), maintain the property in good condition, report issues promptly, supervise all minors and guests/invitees at all times, and ensure compliance with all laws and resort/HOA rules. You are fully liable for any damage to the property, contents, or common areas beyond normal wear and tear caused by you, your party, or invitees (including costs of repair/replacement, professional cleaning, lost revenue if uninhabitable, admin fees, and enforcement costs). We may charge cards on file, deduct from deposits/authorizations, or pursue collection/legal action. Photos and documentation by us or agents are sufficient evidence.
5. Assumption of Risk, Release of Liability, and Waiver (Especially Pools, Amenities, and Florida-Specific Risks)
YOU ACKNOWLEDGE AND AGREE THAT USE OF OUR MANAGED PROPERTIES AND AMENITIES INVOLVES INHERENT AND FORESEEABLE RISKS, including but not limited to: swimming pools, hot tubs, spas, and water features (drowning, near-drowning, slips/falls, chemical exposure, diving injuries, horseplay, entrapment, unsupervised minors or non-swimmers); recreational facilities and activities (injury from use, weather-related hazards); property-specific features (stairs, balconies, kitchens, AV equipment, fire pits, etc.); Florida-specific conditions (hurricanes, tropical storms, flooding, lightning, wildlife/insects, heat, humidity, sun exposure); travel and vacation activities; and interactions with other guests, vendors, or third parties.
YOU VOLUNTARILY ASSUME ALL RISKS for yourself and all members of your party, invitees, and minors in your care. You shall: ensure constant responsible adult supervision of all minors and anyone needing assistance around pools/water; follow all posted rules, safety instructions, manufacturer guidelines, and our communications (including pool alarm codes, barrier/gate use, no glass containers near pools, no diving/headfirst entry, no horseplay, pool hours if posted); and comply with the Florida Residential Pool Safety Act and all applicable safety features we install/maintain (e.g., exit alarms with required decibel rating, self-closing/self-latching devices on doors/windows providing pool access, barriers meeting code—installed and functional at time of your stay unless disabled/removed by you or your party, in which case you assume full responsibility and liability).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Company, its owners, officers, directors, employees, agents, contractors, vendors, affiliates, and the property owners/landlords from any and all liability, claims, demands, actions, causes of action, damages (compensatory, consequential, punitive, etc.), losses, costs, or expenses (including attorneys’ fees) arising out of or related to any injury, illness, death, property damage/loss, or other harm to you or your party/invitees resulting from use or presence at the property or amenities, whether caused by negligence (active or passive), strict liability, or otherwise, except to the extent proximately caused by Company’s or the property owner’s gross negligence or willful misconduct as finally determined by a court or arbitrator of competent jurisdiction. This release is intended to be as broad and inclusive as permitted by Florida law and applies to all claims, known or unknown.
You further agree that any safety features or instructions provided do not create a heightened duty or guarantee of safety beyond what the law requires, and your compliance is mandatory.
6. Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND (AT OUR OPTION), INDEMNIFY, AND HOLD HARMLESS Company, its owners, officers, directors, employees, agents, contractors, service providers, affiliates, and the property owners from and against any and all claims, liabilities, damages, losses, demands, actions, causes of action, suits, proceedings, costs, and expenses (including reasonable attorneys’ fees, expert fees, investigation costs, and court/arbitration costs) arising out of or in any way connected with: (i) your use of the Site or Services; (ii) your booking, stay, or presence at any managed property; (iii) your breach of these Terms, the Privacy Policy, any Rental Agreement/House Rules/Pool Addendum, or applicable laws; (iv) your negligence, willful misconduct, or that of your party/invitees; (v) any injury, loss, damage, or death to any person or property (including the rental property and its contents) caused by you, your party, or invitees; (vi) violation of IP, privacy, publicity, or other third-party rights; (vii) tax reporting or payment failures; (viii) any dispute with third parties arising from your use or stay; or (ix) any content you submit or communications you make. This indemnification survives termination of these Terms or your stay and applies regardless of any alleged or actual negligence by the indemnified parties (except their gross negligence or willful misconduct as finally adjudicated). You agree this is a material inducement for us to provide Services.
7. Intellectual Property
All content on the Site (text, photos, videos, graphics, logos, trademarks, software, layout) is owned by or licensed to Company and protected by copyright, trademark, and other laws. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes related to inquiring about or booking our Services. You may not copy, reproduce, distribute, modify, create derivative works, scrape, or commercially exploit any content without our prior written consent. Our trademarks and branding may not be used without permission.
If you submit content (reviews, photos, feedback, etc.), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, display, and distribute it in connection with the Services and marketing, and you represent you own or have rights to it and it does not infringe third-party rights. We may moderate or remove content at our discretion.
8. Disclaimers of Warranties
THE SITE, SERVICES, CONTENT (INCLUDING PHOTOS, DESCRIPTIONS, AMENITIES, AND AVAILABILITY), AND ALL INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, uninterrupted access, error-free operation, or results from use. We do not warrant that the Site will be secure, timely, or free of viruses/malware, or that defects will be corrected. We reserve the right to modify, suspend, or discontinue any part of the Site or Services at any time without liability. Some jurisdictions do not allow exclusion of certain warranties; in those cases, warranties are limited to the minimum extent permitted.
9. Revenue Estimator Tool / Calculator Specific Disclaimer
If you use our Revenue Estimator Tool or any similar income/revenue projection feature (“Tool”), you expressly acknowledge and agree that:
All outputs, estimates, projections, or results are illustrative, hypothetical, and for informational/educational purposes only. They are not guarantees, promises, or predictions of actual revenue, income, occupancy, or financial performance.
Actual results vary significantly and depend on numerous factors outside our control or prediction, including but not limited to: local and national market conditions, tourism trends in Central Florida/Orlando area, seasonality, economic conditions, competition from other rentals and hotels, guest reviews and ratings, quality and appeal of photos/marketing/listings, platform algorithms and policies (Airbnb, VRBO, etc.), pricing strategy and dynamic adjustments, property condition/maintenance/amenities/upgrades, guest experience and service quality, cleaning/turnover efficiency, local regulations and permitting, weather/events (hurricanes, storms, pandemics, major events), force majeure, changes in consumer preferences or travel patterns, your or the owner’s efforts and decisions, and many other variables.
The Tool uses assumptions, historical averages, user-provided inputs, or third-party data that may be incomplete, outdated, or inaccurate. We make no representation or warranty regarding the accuracy, completeness, reliability, timeliness, or suitability of any estimate or the underlying data/methodology.
The Tool is not financial, investment, tax, accounting, legal, real estate, or professional advice. It does not constitute an offer to manage property, a guarantee of income, or a solicitation. You should not rely on any estimate for any financial, business, or investment decision. Consult independent qualified professionals (e.g., CPA, financial advisor, real estate attorney, property management consultant) before making any decisions.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY for any direct, indirect, incidental, consequential, special, punitive, or other damages, losses, costs, or expenses (including lost profits, opportunity costs, or decisions made in reliance) arising from or related to your use of the Tool, any estimate, or any information derived from it, even if advised of the possibility. Use of the Tool is entirely at your own risk. We may update, modify, or discontinue the Tool at any time without notice or liability.
By using the Tool, you confirm you have read, understand, and agree to this disclaimer (and the broader Terms).
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, OR PROPERTY OWNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES (including but not limited to lost profits, revenue, data, business opportunity, goodwill, or emotional distress), whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or related to these Terms, the Site, Services, your stay/booking, use of the Revenue Estimator Tool, communications, or any other interaction—even if advised of the possibility of such damages.
OUR TOTAL AGGREGATE LIABILITY to you for any claim or series of claims arising out of or related to these Terms, the Site, or Services shall not exceed the lesser of (a) the total fees actually paid by you to Company in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) Five Hundred US Dollars (US$500). This cap applies regardless of the form of action or theory of liability and is a fundamental element of the bargain between the parties. Some jurisdictions may not allow certain limitations or exclusions; in those cases, our liability is limited to the minimum extent permitted by law. You acknowledge that without these limitations, we would not provide the Site or Services.
11. Dispute Resolution, Arbitration, Class Action Waiver, Governing Law, and Venue
Governing Law: These Terms and any dispute shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles (except where federal law applies).
Dispute Resolution: We encourage resolving disputes amicably. For most disputes (except those involving IP infringement or seeking injunctive/equitable relief, which may go to court), you and Company agree to first attempt good-faith negotiation or mediation.
Binding Arbitration (Primary Mechanism for Most Disputes): Except as excluded above or where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Site, Services, your booking/stay, or the Revenue Estimator Tool shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable), in accordance with the Federal Arbitration Act. The arbitration shall be conducted by a single neutral arbitrator in Osceola County, Florida (or another mutually agreed location in Central Florida). The arbitrator shall have the power to rule on his/her own jurisdiction, including arbitrability. Judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver: You and Company agree that all disputes shall be arbitrated or litigated on an individual basis only. You waive any right to bring, join, or participate in any class action, collective action, representative action, consolidated proceeding, or private attorney general action. The arbitrator shall not have authority to consolidate claims or preside over any form of representative or class proceeding. If this waiver is found unenforceable for any reason, the arbitration agreement shall not apply to that claim, and it shall proceed in court (subject to venue/governing law below).
Litigation Alternative (If Arbitration Does Not Apply): Any claim not subject to arbitration shall be resolved exclusively in the state or federal courts located in Osceola County, Florida. You consent to personal jurisdiction and venue there and waive any objection (forum non conveniens or otherwise). You waive any right to a jury trial to the fullest extent permitted by law. The prevailing party in any dispute (arbitration or litigation) shall be entitled to recover reasonable attorneys’ fees, costs, and expenses from the other party.
This dispute resolution provision is intended to provide an efficient, cost-effective, and fair forum and is a material term. It survives termination of these Terms.
12. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters (hurricanes, floods, earthquakes), war, terrorism, riots, embargoes, acts of government or authorities (including changes in STR regulations or travel restrictions), pandemics/epidemics, labor disputes, supply chain issues, or infrastructure failures. In such events, we will use reasonable efforts to notify and mitigate, but cancellations or modifications shall be governed by the specific booking agreement (often with force majeure clauses allowing refunds or credits at our discretion, less any non-recoverable costs).
13. Additional Provisions
Severability: If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed; the remainder shall continue in full force.
Waiver: No waiver of any breach shall constitute a waiver of any other or subsequent breach unless in writing signed by the waiving party.
Entire Agreement: These Terms (including the Privacy Policy and any referenced agreements like Rental Agreements) constitute the entire agreement and supersede all prior negotiations, representations, or agreements (except specific property Rental Agreements control for stays).
Assignment: We may assign these Terms and rights without consent. You may not assign without our prior written consent.
No Third-Party Beneficiaries: Except for property owners, affiliates, and indemnified parties under Section 6, these Terms do not create third-party beneficiary rights.
Notices: We may provide notices via email, SMS, Site posting, or mail. You consent to electronic notices.
Insurance Recommendation: We maintain appropriate property and liability insurance for managed homes. We strongly recommend you purchase comprehensive travel/ vacation rental insurance covering cancellation, interruption, medical, personal property, and liability. We are not responsible for losses not covered by our policies or your insurance.
Accessibility: We strive to make the Site accessible (ADA/WCAG principles). However, we do not warrant perfect compliance or accessibility for all users/devices, and limitations herein apply.
Taxes: You are responsible for any taxes on your use or income (if applicable as owner). We handle collection/remittance of required occupancy/tourist taxes for managed properties.
Compliance with Laws: You agree to comply with all applicable federal, state, and local laws, including Florida STR regulations, pool safety laws, and consumer protection rules.
14. Contact
For questions about these Terms: Use the contact form on the Site, email contact@flresorthomes.com , or mail to our principal address.
Thank you for choosing Orlando Resort Homes / Top Orlando Resorts LLC. We are committed to exceptional 5-star guest experiences and professional management while maintaining strong legal safeguards for all parties.
