By using, accessing or establishing any link to the website vacarenter.com (the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”).  If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should review all the Terms carefully. The Terms constitute a legally binding agreement between you and VacaRenter, LLC, a Virginia limited liability company (hereinafter, the “Company”, “we”, “us” or “our”).

 

1.         The Site Is An Advertising Venue Only.  PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION.  Neither the Company, nor any member thereof, is a licensed Realtor, and the Company can not, and will not, contract for the rental of any property listed on the Site. Rather, the Site acts as a venue to allow the property owners and their agents (collectively, the “Owner”) to offer for rent, or rent, in a variety of pricing formats, a specific rental property to potential renters (each, a “Renter ” and, collectively with the Owners, the “User” or “Users”). We are not involved in the actual rental transaction between Renters and Owners even though we may from time to time provide tools, such as direct booking, communications tools, and payment processing services, that enable a Renter to enter into a transaction to lease a specific property directly from the owner of that property.  As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of the Owner to rent the property, or the ability of the Renter to pay for such rental is solely the responsibility of each of the Users.

 

2.         Personal Use.  Although we do charge a fee to Owners to advertise their rental properties on the Site, we do not charge Renters to access the Site and research rental properties.  Accordingly, we grant Users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise rental properties and/or research, view or make legitimate inquiries to Owners regarding particular rental properties for personal use, all in accordance with these Terms and any applicable Federal, state, or local laws. Any other use of the Site is expressly prohibited.  Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of 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 Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with any Rules and Regulations that may be established by the Company.  Such Rules and Regulations may be amended at any time, and from time to time, without notice. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing property rental services.

 

3.         Proprietary Rights and Downloading of Information From the Site.  The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps and other materials on the Site (collectively, the “content”) are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form “Copyright © 2009, VacaRenter, LLC - All Rights Reserved”, as displayed on the relevant portion(s) of the Site that you desire to download, display or print.

 

4.         Unauthorized Use.  Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:  Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;  reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site; reverse engineer any part of this Site; sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; use the Site other than to advertise and/or research vacation rentals and to make legitimate inquiries to our members; 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, or infringes on our copyright or any copyright of our Users; violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights; upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or disguise the origin of any information or inquiry transmitted through the Site.

 

            If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, the Company asks that you please inform us of any such violation by emailing us through the “Contact Us” portion of the Site.

 

5.         Changes to Site.  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 your access to parts or all of the Site without notice or liability.

 

6.         Privacy Policy.  When you use the Site to send an inquiry to an Owner, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of Users. You may receive one or more promotional e-mails from either the Site or its affiliated websites. You are welcome to opt not to receive such promotional e-mails from the Site or its affiliate websites at any time. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy.

 

7.         Data Transmittal.  Each of the Users acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to the Site from the Users at locations both within and outside of the United States.

 

8.         Identity Verification. 

 

A.        User verification on the Internet is difficult and we cannot and do not confirm any Users’ purported identity. We encourage you to communicate directly with the other party through the tools available on the Site.

 

            B.        You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify the Company immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify the Company immediately if you are contacted by anyone requesting your online ID and password. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent, unauthorized,  or that you did not intend or want performed.

 

                        C.        EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED THE COMPANY OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.

 

9.         Limitations of Use of Other Users’ Information; No Spam.

 

                        A.        You agree that, with respect to other Users’ personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, the Company has granted to you a license to use such information only for: (1) any Site-related communications that are not unsolicited commercial messages, (2) using services offered through the Site, (3) facilitating a financial transaction between you and the other Users (such as an on-line booking or charging a personal credit card) and (4) any other purpose that an Owner or Renter 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, may you disclose personal information about other Users to any third party without the express written consent of both the Company and the other individual. 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.

           

                        B.        The Company does not tolerate spam; therefore, without limiting the foregoing, you are not licensed to add a Site User, even a User who has rented a property from you or to you, to your mailing list (email or physical mail) without the individual’s express written consent.

 

10.       Use of Email Tools.  You may not use any tools available on the Site to send spam or otherwise send content that would violate these Terms.

 

11.       Responsibility for user-contributed content.

 

                        A.        The Company has no duty to screen content posted on the Site by Owners, Renters or other Users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, “user-contributed content”), and we are not responsible for user-contributed content. We do, however, reserve the right to review all user-contributed content and may decline to permit the posting on the Site of any user-contributed content that fails to meet our content requirements.  Such content, if posted, may be removed by us at any time and without notice to the Owner, Renter, or other Users.  We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a User or by a third party that Article 4 of these Terms, or any other requirements governing the posting of such content, has/have apparently been breached in respect of that user-contributed content.

 

                        B.        All property listings on the Site are submitted by the Owners, or an agent of such Owner, and are the responsibility of the Owner or such Owner’s respective agent, and the Company specifically disclaims any and all liability arising from the alleged inaccuracy of the listings, property reviews, guest book entries, or any alleged breach of contract by an Owner (or its agent), Renter, or other User.  Owners 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. The Company does 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 Site is accurate or up-to-date, even in the case where prospective renters have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.

 

12.       Limitation of Liability.  IN NO EVENT WILL THE SITE, THE COMPANY, ANY MEMBER OF THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE “RELATED PARTIES”) 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.  This limitation of liability shall apply 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 the Company, 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.  In all events, the Company’s liability, and the liability of any Member of the Company, to you or any third party in and circumstances arising out of or in connection with the Site is limited to the greater of (A) the amount of fees your pay to us in the month prior to the action giving rise to such liability, or (B) $100.00.

 

13.       Disclaimer.

 

                        A.        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 permitted by law, the Company makes 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 or systems 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, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.  The Company does not warrant 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 the Site or the server that makes it available is free of viruses or other harmful components.

 

                        B.        You acknowledge that any transmission to or from this site is not confidential, no fiduciary relationship is created by such transmission, and your communications may be read or intercepted by others.  You acknowledge that by submitting communications to the Company and by posting information on the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to these Terms.

 

14.       Release.  In the event you have a dispute with one or more other users of the Site (including, without limitation, any dispute between Users regarding any transaction or user-contributed content), you hereby agree to release, discharge and hold harmless the Company, its Members, the Site, and the related parties, each of their respective agents, directors, officers, employees, and all other related persons or entities from and against all claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any natures whatsoever, whether known or unknown, which now or hereafter arise from, related to, or are connected with such dispute or your use of the Site.

 

15.       Indemnity.  YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS MEMBERS, THE SITE AND THE RELATED PARTIES (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 OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT 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.  The Company reserves the right, at our 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.

 

16.       Choice of Law and Forum.  Any and all services and rights of use hereunder are subject to the laws of the Commonwealth of Virginia and you hereby irrevocably agree that any cause of action you may submit in connection with your use of the Site, or pursuant to these Terms, shall be subject to venue in the Commonwealth of Virginia, and to the extent possible, the City of Winchester.  You further agree any dispute between you and the Company shall be construed by the laws of the Commonwealth of Virginia, without regard to its rules on conflict of laws.

 

17.       Notification of Claims of Infringement.  If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify the Company immediately by email through the “Contact Us” portion of the Site. Please include the following in your notice: (a) identify with specific detail the material on the Site that you claim is infringing; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (c) a statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) you are the owner of the copyright interest involved, or that you are authorized to act on behalf of that owner; (3) your physical address, telephone number and email address; and (4) your physical or electronic signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). If you see or experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, we would like you to inform us by email through the “Contact Us” portion of the Site. We rely upon Users to notify us of infringing content, activity and communications.

 

18.       No Agency.  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.

19.       Notices.  Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email through the “Contact Us” portion of the Site, or by mail to:

 

                        VacaRenter, LLC.

                        P.O. Box 1172

                        Stephens City, VA 22655

 

Any notice provided to you by the Company will be sent to the email address you provide to the Site, or to the Company, during the registration process.  You hereby consent to the use of such email address for all notices provided pursuant to these Terms or any other agreement between you and the Company.  Notice shall be deemed given immediately upon sending such email unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given upon mailing of such notice.

 

20.       Amendments.  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.

 

21.       Links to Third-Party Sites.  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.  We are not liable for the accuracy of any information contained on linked sites or for any harm that may result from the use of such links.

 

22.       Your Record of These Terms. We do not retain a copy of the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

 

23.       Miscellaneous. 

 

                        A.        These terms constitute the entire agreement between us and you with respect to your use of the Site.

 

                        B.        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 effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.