Terms and Conditions of UseBy using or accessing VacationPropertyDirect.com (hereafter referred to as "Site"), you acknowledge that you agree to and are subject to the following terms and conditions (hereafter referred to as "Terms"). Please read through all the Terms carefully. The Terms constitute a legally binding agreement between you and VacationPropertyDirect.com. ("VacationPropertyDirect.com", "we", "us" or "our").
1. This site is a venue.
1.1. Please be advised that we are not a party to any rental or selling transactions. We do not own nor can we contract for any vacation property listed on the Site. This Site acts as a venue to allow a user of our Site (each, a "user") to offer for rent, or sale, in a variety of pricing formats, a specific vacation property to potential renters/buyers (each, a "traveler"). We are not involved in the actual transaction between travelers and users. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of users to rent or sell vacation property or the ability of travelers to pay for vacation properties are solely the responsibility of the users.
2. Personal use.
2.1. Although we do charge a fee to users to advertise their vacation properties on the Site, we do not charge travelers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise vacation properties and/or research, view or make legitimate inquiries to users regarding their interest in particular vacation properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited.
3. Proprietary Rights and downloading of information from the Site.
3.1. All text, files, images, photos, maps and other materials on the Site (collectively, the "content") are for personal use only.
4. Unauthorized Use.
The following actions are not allowed without our prior written consent:
- Use the Site other than to advertise and/or research vacation properties and to make legitimate inquiries to users;
- Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
- Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
- Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site.
5. Changes to Site.
5.1. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict access to parts or all of the Site without notice or liability.
7. Data Transmittal.
7.1. Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
8. Identity verification.
8.1. We cannot and do not confirm user's purported identity.
9. Limitations of use of other user's information.
9.1. You agree that, with respect to other personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line 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. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information, and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
9.2. We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented or bought a vacation property from you or to you, to your mailing list (email or physical mail) without the user's express consent.
10.1. We do not and cannot review all content posted to the Site by users, or by other travelers, and we are not responsible for any materials posted by such users or travelers. All property listings on the Site are submitted by the user and are the responsibility of the user, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, or any alleged breaches of contract on a user's part. If you are a user, by accepting these Terms and paying to list on the Site, you agree to indemnify and hold the Site and any users (as defined below) harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. Users are solely responsible for keeping their property information up to date on the Site, 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, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Users are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms.
11. Limitation of Liability.
11.1. In no event will the site, vacationpropertydirect.com, subsidiaries, affiliates, officers, directors and/or employees be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these terms, your use of the Site and/or any transaction between users, even if we have been advised of the possibility 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 maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the site, you do not agree with any part of this agreement, or have any other dispute or claim with or against us, another user or the Site with respect to these terms or the Site, then your sole and exclusive remedy against us is to discontinue using the Site.
12.1. The Site, including all content, software, functions, materials and information made available on or accessed through the Site, is provided "as is" to the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Site or any linked site. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
12.2. You acknowledge that any transmission to and from this site is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us and by posting information on the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.
13.1. In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute between users regarding any transaction), you hereby agree to release, remise and forever discharge the Site and any user of this Site, 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, liabilities, 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 such dispute and/or your use of the Site. 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."
14.1. You hereby agree to indemnify, defend and hold the Site and any user of the Site (collectively, the "indemnified parties") harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the Site (including, without limitation, any dispute between users regarding any transaction), any content posted by you to the Site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
15. Choice of law and forum.
15.1. Any and all services and rights of use hereunder are performable and/or sold in the state of Minnesota, USA, and you irrevocably agree that any cause of action you may submit in connection with your use of the Site or pursuant to these terms will be filed in Carver county, Minnesota which will be the venue of any legal dispute. You also agree that any dispute between you and us will be governed by the laws of the state of Minnesota.
16. No Agency.
16.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
17.1. We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your continued use of the Site following the posting of any such change, modification or amendment will constitute your acceptance thereof.
18. Links to Third-Party Sites.
18.1. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.
19.1. These terms constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
20. Copyright Grant.
20.1. If you are a user of this Site, by accepting these Terms and by paying for and posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates, and you grant the Site the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We need these rights to host and display your listing. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any user of this Site and each user will indemnify and hold harmless the Site against any action brought for breach of copyright or other rights from the use of such content supplied by such user. Each user hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any content posted or provided to us by such user.
20.2. Each user agrees that we may reproduce in whole or in part any photographic material supplied by such user in the promotion of either such user's property or the promotion of the Site.
20.3. It is the user's responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The user warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
21. Hypertext Links.
21.1. We reserve the right to refuse hypertext links to, or addresses of, other web sites from user's pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
22. Substitution of Properties.
22.1. Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a user submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the 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.
23. Termination of Listing
23.1. All listings are sold to run the full term (12 months).
23.2. We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective user expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
23.3. If, in our sole discretion, any user submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such user's property from the Site without refund.
23.4. If we become aware of or receive a complaint from any person or entity regarding a user's listing or practices that, in our sole discretion, warrants the immediate removal of such user's allegedly offensive listing from the Site (for example, and without limitation, if a user double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the vacation properties industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the user 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 listing from the site without notice to the user and without refund.
23.5. If any user is in breach of these Terms or its obligations to us we may immediately remove such user's listing from the Site without notice to the user and without refund.
24. Transfer of Listing.
No listing may be transferred to another party, except that if a user sells the property that is listed, the user may transfer its listing to the new owner of the property that is listed. We may, at our discretion, charge a reasonable transfer fee.
25.1. Payment for yearly subscriptions must be made in U.S. Dollars paid either by major credit card or PayPal. We do not store your credit card information on our servers, and we do not keep credit card numbers on any server in any file or database, rather, we will recall your credit card information from our payment provider when and if needed for any auto-renewal of your subscription.