TERMS OF SERVICE

This Terms of Service Agreement ("Agreement") is made between Internet Brands Inc. (the "Company") and any person (collectively "you", "your" or "I") who uses any of the services offered on this website (collectively the "Service").

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.

1. The Service and Registration

  • a. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Service, consisting of providing listings of privately owned vacation homes, subject to the terms and limitations set forth in this Agreement.
  • b. Accessibility. You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

2. Representations and Warranties

You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and (c) if requested, you have provided accurate and complete registration information, including without limitation, your legal name, address and telephone number.

3. Ownership

You acknowledge that any and all content listed on the VacationHomes.com website, as well as any e-mail communications generated from the Service, (collectively, the "Content") is and shall remain the property of the Company and its licensors. Any and all Content may not be used, copied or modified by you without the express written permission of the Company.

4. Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

5. Limitations

  • a. Privacy. It is the policy of the Company to respect your privacy. Company will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service other than you or any other person. Your IP address is transmitted and recorded with each message you send from the Service. Company does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For more information, please read the Company's Privacy Policy.
  • b. Inaccuracies. You acknowledge that inaccuracies and/or typographical errors may exist within the Service. You agree that it is your obligation to verify any and all information contained with the particular property owner identified within the Service.
  • c. Displayed Rates. In order to provide a consistent base of comparison among the various Content within the Service, the weekly rates displayed for each listing on the index pages are often calculated from other rates provided by the property owners. You acknowledge that a weekly rate listing on the index page does not necessarily imply the availability of weekly rentals.
  • d. Listing Service. By using the Service, you acknowledge that the Service is a listing and information service that brings together property owners and renters. Information about a particular property is supplied by the property owner, not by the Company. The price and other terms of any rental remain subject to direct negotiation between you and the property owner. The Company cannot and does not verify the information that property owners supply or guarantee the properties they offer. When using the Service to find a property, it is recommended that you to use the same common sense and good judgment you would use in responding to a classified ad in the newspaper.
  • e. Non Solicitation. The Company provides this Service to permit users the ability to review information about rental properties around the world. You acknowledge that the Company has expended significant time and money in collecting the Content contained within the Service. As a result, the Service is provided to you for the sole purpose of rental inquiries. Use of the Service and its Content for any other reason, including but not limited to the solicitation of the Company's clients and advertisers, is strictly forbidden ("Non-Solicitation"). YOU ACKNOWLEDGE THAT THE COMPANY'S DAMAGES FOR YOUR FAILURE TO ADHERE TO THE NON-SOLICITATION PROVISION SET FORTH HEREIN ARE DIFFICULT TO ASCERTAIN. AS A RESULT, YOU AGREE TO PAY TO THE COMPANY, AN AMOUNT EQUAL TO ONE THOUSAND DOLLARS ($1,000) FOR EACH VIOLATION OF THE NON-SOLICITATION PROVISION. This provision is intended to establish liquidated damages and is not intended as a penalty. This liquidated damages provision does not waive or alter any remedies available to the Company under this Agreement, at law or in equity for your default hereunder.

6. Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason by sending an e-mail to support@vacationhomes.com notifying the Company of your desire to terminate this Agreement. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

9. Indemnification

You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

10. Miscellaneous

  • a. Law
    • . This Agreement shall be governed by the laws of the State of Arizona and the United States without reference to conflicts of laws.
  • b. Amendment
    • . Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.
  • c. Waiver and Severability
    • . No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed, omitted, and the balance of the Agreement shall remain enforceable.
  • d. Survival
    • . The respective rights and obligations of the parties under Sections 2, 3, 4, 5, 7, 8, 9 and 10 shall survive any termination or expiration of this Agreement.

Why list your vacation property with us?

VacationHomes.com is the most popular vacation rentals web site on the Internet. Once you take a look at what we have to offer, you will have to agree that we offer the best marketing value on the Internet!