Version Date: April 8, 2010
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
THE WEBSITE IS MERELY A PLATFORM FOR PROPERTY OWNERS (“Owners”) AND THEIR AGENTS (“Agents”) TO ADVERTISE VACATION RENTAL PROPERTIES TO PEOPLE INTERESTED IN RENTING OR PURCHASING SUCH PROPERTIES (“Vacationers”). COMPANY AND ITS AFFILIATES DO NOT OWN OR OPERATE THE VACATION RENTAL PROPERTIES LISTED ON THE WEBSITE. EVEN THOUGH THE WEBSITE MIGHT FACILITATE RENTAL TRANSACTIONS THROUGH THE USE OF TOOLS SUCH AS A PAYMENT GATEWAY AND ALLOWING DIRECT BOOKINGS, YOU ACKNOWLEDGE THAT COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN OWNERS, AGENTS AND VACATIONERS. COMPANY DOES NOT HANDLE PAYMENTS, GUARANTEE TRANSACTIONS, PROVIDE ESCROW SERVICES, OR OFFER "BUYER PROTECTION" OR "RENTAL CERTIFICATION." VACATIONERS LOOKING TO RENT VACATION PROPERTIES WILL BE ENTERING INTO RENTAL AGREEMENTS DIRECTLY WITH THE OWNERS OR AGENTS OF THE RENTAL PROPERTIES.
COMPANY DOES NOT IN ANY MANNER INVESTIGATE OR VERIFY ANY USER'S PURPORTED IDENTITY OR THE ACCURACY OF PROPERTY PHOTOGRAPHS AND DESCRIPTIONS OR THE ACTUAL EXISTENCE OF PROPERTIES.PROPERTY DESCRIPTIONS PRESENTED ARE SOLELY BASED UPON THE INFORMATION PROVIDED BY THE OWNER OR AGENT. THEREFORE, ALL USERS ARE ENCOURAGED TO COMMUNICATE DIRECTLY WITH EACH OTHER THROUGH THE TOOLS AVAILABLE ON THE WEBSITE AS WELL AS INDEPENDENTLY TO CONFIRM THE ACCURACY OF ANY REPRESENTATIONS AND THE RELIABILITY OF ANY USER.
THE QUALITY, SAFETY OR LEGALITY OF THE PROPERTIES ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS (INCLUDING THE CONTENT THEREOF OR ANY PROPERTY OR REVIEW), THE ABILITY OF VACATIONERS TO RENT A PROPERTY OR THE ABILITY OF VACATIONERS TO PAY FOR THE RENTAL PROPERTIES ARE SOLELY THE RESPONSIBILITY OF EACH USER.
By using the Company Services, you represent and warrant that:
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, orCompany has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You are entirely responsible for the content of, and any harm resulting from, your postings to the Website (“Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels for the purpose of publishing and promoting your Contributions in connection with services offered or to be offered by Company. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. You may remove Contributions from the Website at any time, however this feature might not be available for all Contributions, as determined by Company. Company may retain archived copies of your Contributions. The Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Contributions may include comments by Vacationers who rented certain properties. Owners and Agents acknowledge that Company does not moderate such comments and Owners and the Agents hereby waive any right to claim damages against Company arising out of any such Vacationer comments.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You can target specific audiences by buying ads on the Website. These additional terms apply to you if you place an order for ads on the Website (“Order”). When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid, if applicable. We may refuse to publish an ad for any reason, and you expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision. If we accept your Order, we will deliver your ads in accordance with our search algorithms, specific criteria agreed to by us, as inventory becomes available, or as otherwise agreed. Our license to run your ad will end when we have completed your Order. No Order may be transferred by an advertiser to another party, except that if an advertiser sells the property that is listed, the advertiser may transfer its listing to the new owner of the property that is listed.In addition to running your ads, you agree that we can use your ads and related information for marketing or promotional purposes relating to the Website.
You will pay for your Orders in accordance with ourpayment terms in effect at the time of your Order as listed on the Website from time to time. The amount you owe will be calculated based upon the terms of the Order. All ads are sold to run the full term that is chosen by the advertiser in the Order (usually a minimum of 12 months unless otherwise agreed by Company). If your ad will run on a periodic basis (e.g., monthly, quarterly, yearly, etc.) with an automatic renewal, then you authorize us to charge your credit or debit card, or other payment mechanism, in advance on a periodic basis for the subsequent period, without requesting further authorization, unless you terminate the periodic Order in advance of the renewal period. No refunds are available for ordered advertising. If you are placing ads on someone else's behalf, you warrant that you have permission to place the ads and you will be primarily responsible for the payment due for such ads. Additionally, if you fail to make any such payments, we may seek payment directly from the advertiser. Payment for ads must be made in U.S. Dollars paid either by major credit or debit card, a check drawn on a U.S. bank, or as may otherwise be agreed by Company. Advertisers will be responsible for the costs incurred by Company in any action to collect amounts owed for advertising, including attorneys’ fees and court costs.
Your ads must comply with ouradvertisement guidelines in effect at the time of your Order. Unless otherwise agreed with us, we will determine the size, placement, and positioning of your ads. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get, when applicable. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. All printed (paper based) photographs submitted by an advertiser will be discarded after we have scanned the same into our electronic database.We are unable to return such photographs to you or retain paper copies in our files. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard. You represent and warrant that all property images and descriptions are accurate and complete.
If you are an Agent, then your ad must clearly disclose this fact. Each ad may only relate to an individual specific property, unless it is a property with multiple rental units on the same site and additional ad units are purchased, if required by Company. Ads must represent actual specific properties and cannot be merely an example of properties available in the area. The property in an ad may not be substituted with another property.If the advertiser submits changes to an existing ad listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the ad listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition. We reserve the right to amend the copy or remove any ad when more than one property is described in such ad, and may choose, in our sole discretion to retain any fees associated with the then-current term of such non-conforming listing as compensation for the violation of this condition.
If we become aware of or receive a complaint from any person or entity regarding a user’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such user’s allegedly offensive ad listing from the Website (for example, and without limitation, if an Owner double-books a property for multiple Vacationers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party or is inaccurate), then we may immediately remove the allegedly offensive ad listing from the Website without notice to the advertiser and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive ad listing from the Website without notice to the advertiser and without refund. If any user is in breach of this Agreement or its obligations to us then we may immediately remove such user’s ad listing from the Website without notice to the advertiser and without refund.
You agree that, with respect to other users' personal information that you obtain through the Website or through any Website-related communication or any Website-facilitated transaction, we have granted to you a license to use such information only for: (a) any Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, (c) facilitating a financial transaction between you and the other user (such as an online booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for.In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.
No Owner or Agent may request any person renting their property to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction.Any violation of this term or any other unacceptable payment methods that may be posted on the Website from time to time may result in the immediate removal of the non-conforming ad listing from the Website without notice to the Owner or Agent and without refund.
You will not offer any contest or sweepstakes without our prior written consent. If we consent, you take full responsibility for the contest or sweepstakes, and will follow ourapplicable guidelines in effect at the time of the Orderand all applicable laws.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors, except in the manner expressly authorized by Company. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress, in Company’s discretion.
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website or the Company Content therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission;provided,however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.“General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Website.
The Website contains (or you may be sent through the Website or the Company Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Company reserves the right but does not have the obligation to:
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification is posted on the Website becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective 30 days after being posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the law of the State of South Carolina, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Horry County, South Carolina; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be instituted more than two (2) years after the cause of action arose.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
ALL PROPERTY LISTINGS ON THE WEBSITE ARE SUBMITTED BY THE OWNERS AND AGENTS AND ARE THE SOLE RESPONSIBILITY OF THE OWNERS AND AGENTS, AND WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE ALLEGED ACCURACY OF THE LISTINGS, PROPERTY REVIEWS, GUEST BOOK ENTRIES, OR ANY ALLEGED BREACHES OF CONTRACT ON A USER’S PART.OWNERS AND AGENTS ARE SOLELY RESPONSIBLE FOR KEEPING THEIR PROPERTY INFORMATION UP TO DATE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY AND ALL REPRESENTATIONS ABOUT ANY PROPERTY, ITS AMENITIES, LOCATION, AND ITS AVAILABILITY FOR A SPECIFIC DATE OR RANGE OF DATES.WE DO NOT REPRESENT OR WARRANT THAT ANY OF THE COPY, CONTENT, PROPERTY REVIEWS, GUEST BOOK ENTRIES, PROPERTY LOCATION, SUITABILITY, PRICING OR AVAILABILITY INFORMATION PUBLISHED ON THE WEBSITE IS ACCURATE OR UP-TO-DATE EVEN IN THE CASE WHERE PROSPECTIVE VACATIONERS HAVE SEARCHED FOR SPECIFIC SPECIAL OFFERS, DATES, OR TYPES OF PROPERTIES.OWNERS AND AGENTS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY PROPERTY DESCRIPTIONS.
Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, Contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any Contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS RELATED TO THE RENTAL OF ANY PROPERTY LISTED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, CLAIMS AND RELATED DAMAGES AND LOSSES RELATED TO FRAUDULENT LISTING OR RENTING OF PROPERTY; CONDITION AND MAINTENANCE OF LISTED PROPERTY, UNAVAILABILITY OF LISTED PROPERTY AND FAILURE OF LISTED PROPERTY TO CONFORM TO ITS DESCRIPTIONS.
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING, BUT IN NO EVENT SHALL SUCH AMOUNT BE LESS THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, the rentals or purchases of any properties arranged through the Website, use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to info@Stayntell.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.STAYNTELL Inc.