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VacationRentHome.com Terms & Conditions We do not charge vacationers to access VacationRentHome.com. However, this site is only to be used to contact our advertisers regarding the suitability of their individual property as a vacation destination. Any use by a person or entity for any purpose other than the research and subsequent booking of a vacation property is strictly prohibited. By visiting this site, you are subject to the following terms and conditions: 1) Personal use: The site must not be used for any reason other than to view or make legitimate inquiries to owners regarding your interest in particular vacation rental properties. 2) Downloading of information from the Web site: As a part of the rental inquiry process, for your own purposes and not for further distribution, you may download, display, or print one (1) copy of any portion of VacationRentHome.com content. You may not modify the Content in any way, and you must reproduce the VacationRentHome.com copyright notice in the form as displayed on the relevant page(s) that you might download or wish to copy. 3) Unauthorized use: Unless otherwise provided within these Terms, or unless specific applicable law requires VacationRentHome.com to allow you to do so, you may not do any of the following without the prior written consent of VacationRentHome.com: * Copy, reproduce, upload, post, display, republish, distribute, transmit,
any part of the Content in any form whatsoever;
4) Limitation of Liability. IN NO EVENT WILL VACATIONRENTHOME OR PREWITT INVESTMENTS III, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF VACATIONRENTHOME OR PREWITT INVESTMENTS III, INC. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. 5) Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE VACATIONRENTHOME, PREWITT INVESTMENTS III, INC. AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. 6) Inquiries. When you use VacationRentHome to send an inquiry to an advertiser, you agree to allow VacationRentHome or its affiliated websites to add your email address to our database of customers. You will receive at least one promotional email from either VacationRentHome or its affiliated websites. You are welcome to opt not to receive emails from VacationRentHome or its affiliated websites at any time. Terms and conditions of advertising on VacationRentHome 1. Layout and copy: 1.2 VacationRentHome reserves the right to edit copy or amend the layouts or photographs supplied, in order to create a more uniform and pleasant advertising environment for our visitors. 1.3 VacationRentHome reserves the right, at its discretion, to amend and edit copy entered into the VacationRentHome online database by owners/listers. All copy edits submitted by owners/listers are subject to review and approval of VacationRentHome in its sole opinion. 1.4 Notwithstanding its right to edit and amend copy and photographs, VacationRentHome accepts and holds no liability for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the owner/lister or edited by VacationRentHome staff. 2 Accuracy 2.2 Owners/listers are solely responsible for keeping their information up to date on VacationRentHome, including, but not limited to any and all representations about the property, its amenities, location, and its availability for a specific date or range of dates. VacationRentHome makes no representation or warranties that any of the copy or availability information published on VacationRentHome is accurate or up-to-date even in the case where visitors have searched for specific special offers, dates, or types of properties. 3 Photographs 3.2 Every effort will be made to reproduce faithfully all photographs submitted, but VacationRentHome cannot be held responsible for any loss or damage or otherwise resulting from errors or omission. 3.3 By submitting a photograph either electronically through our website or by mailing a paper based photograph to our offices, the Owner/lister is representing an warranting that (a) he holds all intellectual property rights with respect to each submitted photograph, or (b) he has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, and (c) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, and (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and (d) that he will indemnify and hold harmless VacationRentHome and its affiliates from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted. 4 Liability 4.2 In no event shall VacationRentHome be liable to the advertiser for any special, consequential, incidental or indirect damages, including lost profits. 5 Copyright 5.2 VacationRentHome shall be entitled to reproduce part or whole of any photographic material supplied by the advertiser in the promotion of either the Owner/lister’s property or the promotion of VacationRentHome. 5.3 VacationRentHome claims copyright to the electronic images of the photographic material supplied by advertisers, and the Owner/Lister will assist VacationRentHome—at VacationRentHome expense and controlled by VacationRentHome—to protect its copyrighted material from unauthorized redistribution. 5.4 It is the Owner/lister’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The advertiser warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to VacationRentHome the rights therein contained. 6 Hypertext links 6.2 VacationRentHome reserves the right to charge for hypertext links at any time. 7 Substitution of properties 8 Advertising more than one property on one advertisement 9 Termination of advertising 9.2 VacationRentHome reserves the right to refuse any listing submitted to VacationRentHome either through its online submission process or sent to our offices for us to load onto the website. We can refuse to publish the ad for no reason, and you specifically agree to hold us harmless for any loss or liability that may arise from such a decision. 9.3 If you submit unsuitable material into the VacationRentHome on-line database, or persistently misuses the on-line systems, VacationRentHome reserves the right to remove the property from the VacationRentHome site. No refunds will be paid. 9.4 If VacationRentHome receives a complaint from a person who has rented an lister’s property which VacationRentHome, acting reasonably, considers to be justified, or if you double-book a property for multiple renters on the same date, or if you engage in any business practice that would be considered within the vacation rental industry to be unfair, or if you are in breach of your obligations to VacationRentHome, then VacationRentHome reserves the right to remove the property from the VacationRentHome.com web site without notice. 10 Payment 11 Legal jurisdiction |
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