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Vacation House Review


Vacation House Review Terms of Use

Date: 02/02/2010

TERMS OF USE FOR VACATION HOUSE REVIEW WEBSITE

I.  These Terms govern the use of the Vacation House Review website. Your use of any portion of our website constitutes your agreement to ____ the terms and conditions set forth here. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR FURTHER ACCESS ANY PART OF THIS WEBSITE.

II. OWNERSHIP AND CONTROL OF WEBSITE AND ITS CONTENTS
This website is controlled and operated by Vacation House Review. Our address is 5520 39th St NW, Washington, D.C. 20015. Our phone number is 888-808-0558.

IIa. This Site and any associated software, files, data, content, documentation, or any other materials provided by Vacation House Review (collectively “Associated Materials”) are protected by United States and international copyright, trademark and other laws. All rights reserved. Vacation House Review does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.

You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.

PERMITTED USES
Except where we specify otherwise, Vacation House Review offers you access to the website solely for your personal, non-commercial use as a client or prospective client of Vacation House Review. This includes, of course, your use in booking a rental accommodation.

You may record and print relevant portions of the content and information contained on the website for your personal, non-commercial use as a client or prospective client of Vacation House Review. You may share this information with persons who co-own, with you, a home that we manage or that you are considering having us manage; or persons who are part, with you, of a single family or group that is considering renting a property from us.

You also may share information from our website with relatives, friends, and others when you recommend that they use our services or rent property from us, or when you describe your vacation with us or other experiences you have had as our client.

If you would like to post a link to our Vacation House Review home page on your family website (or even your business or association website) in the context of describing your vacation with us or favorably recommending us to those who visit your website, we are delighted to have you do so. Of course, any references to us must be truthful and not misleading. If you want to post on your website a link to part of our Vacation House Review website that shows a house in which you have vacationed or a house that you have booked for a vacation, please let us know. Normally, we will be happy to accommodate you, and on those occasions when our agreement with an owner might prevent us from allowing a link directly to the house image, we will try to help you in some other way.

We have spent a lot of time preparing our website, and obviously do not want our competitors to copy it or to steal information from it. We do not, in general, allow anyone to access our site or use it for other than the purely personal purposes described above. However, we are proud of our company's performance and believe that truthful information about our business and that of other vacation rental property managers can be useful to clients and prospective clients in some situations. Thus, we allow vacation rental management companies to access our website, and to record and print relevant portions of the content and information contained on our website, for the sole purposes of (1) preparing their own accurate competitive analyses for internal use only; (2) providing summaries of the analyses to clients who already are using their company as their rental agent, either in face-to-face meetings or via direct mailings to those clients only; and (3) showing the downloaded information and analysis results in face-to-face consultations with their own clients and prospective clients concerning the comparative performance of their firm with ours and others as a vacation rental manager. It is of course a condition of this permitted access and use that the accessed content and information, and the analysis results, be used in a truthful and non-misleading manner. It also is a condition of this permitted access and use that the vacation rental management company agrees to use the accessed content and information only for the permitted purposes, and not in any other way. As an example, the accessed content and information can be used in advertising or promotional campaigns only with our separate express written consent. If you are a vacation rental management company employee acting on behalf of your company, therefore, you may access and use our site as described in this paragraph if you and your company will abide by these terms and our other Terms of Use.

PROHIBITED USES
You may not make any use of our website or any part of its contents for any purpose except those uses permitted above. You may not make either the content of the website, or information gained from it, available to others without our consent except as described in the Permitted Uses section of our Terms of Use.

You may not upload the content of our website, or information contained on our website, to any website that you operate or that is operated by anyone other than Vacation House Review except as described in the Permitted Uses section of our Terms of Use.

You may not publish or further distribute all or any part of the content of our website, or the information contained on it, in any medium, whether print, electronic, or otherwise, except as described in the Permitted Uses section of our Terms of Use.

You may not frame pages from our website in another web page, nor use the content of our website, or information gained from it, on any other website except as described in the Permitted Uses section of our Terms of Use. Except with the written permission of Vacation House Review, you may not establish a hyperlink or other link to any part of this website that states or implies any sponsorship or endorsement of your website by Vacation House Review or our affiliates.

You may not provide information gained from our website to any third parties except as described in the Permitted Uses section of our Terms of Use.

You may not exploit or use the content of our website or any information gained from our website, for any commercial, news reporting, or advertising purpose, except as described in the Permitted Uses section of our Terms of Use.

Except as described in the Permitted Uses section of our Terms of Use, you may not obtain, transfer, sell, or use any property owner lists, property lists, pricing, addresses, software, databases or any other information of any kind or nature whatsoever from our website without our permission. You may not engage in any of the practices generally known as "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users for commercial use. You may request consent by delivering your request to Vacation House Review at 5520 39th St NW, Washington, D.C. 20015

You may not use on your website, or in any other location, any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of Vacation House Review and, if different, the owner of those proprietary rights.

You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website.

Except with the advance written permission of Vacation House Review, you may not access or attempt to access password-protected, secure or non-public areas of the website. You may not obtain or attempt to obtain any materials or information through our website using any means that were not intentionally made available or provided for your use on our website.

You may not use or export any content or information from this website in violation of U.S. export laws and regulations.

III. Venue. Vacation House Review is not a party to the rental transaction. We do not own nor can we contract for any vacation rental property listed on our website. Accordingly, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Listers to rent the properties listed or the ability of Renters to pay for the rentals. Consequently, we cannot ensure that a Lister and the Renters will actually complete a transaction and do not make any representations as to the quality, location, availability, suitability, or pricing of any specific property.

IV. Rental Owner or Manager

Current Information. By registering on this Site as a vacation rental owner or manager (“Lister”), you agree to provide accurate and current information as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current.

Policies. By registering on this Site, you agree to (a) adhere to all our policies, including without limitation the Terms of Use and (b) be subject to our Privacy Policy, which governs the use of information acquired from you through this Site.

Vacation Homes and Related Content. By listing a vacation rental property (a “Vacation Home” and collectively “Vacation Homes”) on this Site:

a.  You represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute regarding the Vacation Homes, or you otherwise have the lawful right to post and distribute such content to or through the Site; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and rental pricing, and pictures (whether supplied by you or authorized by you to be taken by us from another web site)); and (iii) use and posting or other transmission of such content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

b.  You represent and warrant that each Vacation Home displays an individual and uniquely identified property available for short term rent. A Vacation Home cannot be an example of properties available. Only one vacation rental unit can appear on each Vacation Home. We reserve the right to amend or remove any Vacation Home, when more than one property is described, and may choose, in our sole discretion, to retain any subscription fees associated with the non-conforming listing as compensation for violating this condition.

c.  You represent and warrant that the Vacation Homes will not contain addresses of other web sites, HTML, code or other markup languages. Addresses of other web sites, HTML, code, or other markup languages will be removed from Vacation Homes without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling our site. Email addresses included outside the designated area will be removed from Vacation Homes without notice.

d.  You understand that content submitted will be considered non-confidential and Vacation House Review, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, Vacation House Review, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.

e.  You acknowledge that: (i) you will be responsible for adhering to all local regulations including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, and safety compliance; (ii) We are not a property management company; (iii) prospective Renters will contact you directly using the email contact, booking or payment forms or the contact information provided with the Vacation Home; (iv) We are not responsible for Renters of property (it is your responsibility to validate the qualifications of the prospective Renters and rent a Vacation Home on terms and conditions acceptable to you; and (v) We may, at no additional cost to you, license third-party web sites to advertise the Vacation Homes in order to maximize the visitors to your listing.

f.  You understand that you may cancel any Vacation Home at any time (such listing will generally be removed from our (or affiliates and/or licensees) site within three business days).

Renters

Current Information. By utilizing this Site to research and/or rent a vacation rental property, you agree to provide accurate and current information about yourself as prompted by the Lister.

Policies. By utilizing this Site to research and/or rent a vacation rental property, you agree to (a) adhere to all our policies, including without limitation the Terms of Use (b) be subject to our Privacy Policy, which governs the use of information acquired from you through this Site.

Research. By utilizing this Site to locate vacation rentals you (a) agree to conduct your own investigation regarding each property offered as a vacation rental (a “Vacation Home” and collectively “Vacation Homes”), and (b) acknowledge that (i) Listers, not Vacation House Review, are responsible for the accuracy of the information in their advertisements and (ii) it is your responsibility to rent a listing on terms and conditions acceptable to you.

Rental Policies of Listers. The policies of each Lister are not under our control. Each Lister will have individual policies governing rates, deposits, payment schedules, check-in and check-out, etc. You should assume that the reservation is not confirmed until all payments have been received by the Lister, unless the Lister specifically informs you of another confirmation policy.

Online Reservation and Booking. When a Lister has agreed to make a Vacation Home available for online reservation and booking, you may choose to use our online reservation software to reserve and book the property and pay for it. You are obligated to complete the transaction with the Lister if you book the property through our service and do not inform the Lister of your intent to cancel in accordance with the Lister’s cancellation policies. You acknowledge that any agreement governing the terms and conditions under which you have rented a property are EXCLUSIVELY between you and the Lister, and that Vacation House Review is not a party to that transaction, notwithstanding the fact that we may have facilitated the transaction via our online reservation software.

By utilizing our online reservation software, you are giving us permission to store a copy of your credit card information in its encrypted and secure files, and to pass that encrypted credit card information to the Lister so that the Lister and you can complete the rental transaction. We will take all commercially reasonable efforts to ensure the security of the credit card information it stores in its files. We have no control over how the Lister will accept or store your credit card information, and makes no warranty against and takes no responsibility for the Lister’s storage or misuse of the credit card information we pass on to the Lister.

V. USING THE LINKS WE PROVIDE
Our website may contain links to other websites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of most or all of the Linked Sites is not under Vacation House Review's control. Vacation House Review is not responsible for, and does not endorse, their content, whether or not Vacation House Review is affiliated with the owners of such Linked Sites.
Please note that the Linked Sites may have terms of use that differ from, or contain terms in addition to, the Vacation House Review Terms of Use. Your access to and use of the Linked Sites, even though you access them through links provided on our website, is governed by the terms of use and policies of those sites, not of this website. You assume all responsibility for your decision to use these links to access the Linked Sites, for all use of the Linked Sites, and for all compliance with their terms of use.

FUTURE CHANGES AND MODIFICATIONS TO TERMS OF USE
Vacation House Review ("Vacation House Review") reserves the right, in its sole discretion, to update, alter or otherwise modify these Terms at any time. Such modifications shall be effective immediately upon posting. We are not required to post a notice that our Terms of Use have been modified. You may access our home page, and our Terms of Use page, at any time. By accessing any portion of our website, other than those pages, after our Terms of Use have been modified in any way, you agree to be bound by the revised Terms.

VI. PROMISES THAT YOU MAKE TO US WHEN YOU USE OUR WEBSITE
You promise that you will abide by all of these Terms of Use, as they presently exist or as they may be later modified.

You promise that you will not use our website for any purpose that is unlawful or prohibited by these Terms, including without limitation posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

WE RESERVE THE UNCONDITIONAL RIGHT TO DENY ACCESS
Vacation House Review retains the right to deny access to you or anyone else, in our sole and unrestricted discretion, for any reason, including for violation of these Terms, or for no reason at all.

>ALL PERMISSIONS TERMINATE UPON ANY VIOLATION
If you violate any of the Terms Of Use for our website, your permission to use our website immediately terminates without the necessity of any notice.

YOU INDEMNIFY US, AND WILL BE LIABLE TO US IF YOU BREACH THE TERMS OF USE
You agree that violations of our Terms of Use create a likelihood of irreparable harm to Vacation House Review, and agree that a court may grant an injunction requiring that you immediately cease any violations and prohibiting future violations.

You agree that any commercial accessing or use of information or content from our website in violation of our Terms of Use is an unfair and deceptive trade practice carried out by you in North Carolina, and that if you engage in such prohibited access or use, you will be subject to all applicable penalties for such violations.

In addition to seeking an injunction, Vacation House Review may seek any and all damages, costs, and attorneys' fees that may be provided by law. This includes, among other remedies, treble damages for copyright or trademark infringement, and for using our information in any commercial manner or accessing it for any commercial purposes not expressly permitted by our Terms of Use or by a separate written agreement between you and Vacation House Review.

Where appropriate Vacation House Review may refer any violators for criminal prosecution. It is a violation of federal criminal statutes, for example, to infringe our copyrights, to counterfeit our trademarks by misusing them, and to hack into sections of our website that are not intended for your use or to steal data from our website.

You agree to indemnify, defend, and hold harmless Vacation House Review and our officers, directors, employees, affiliates, agents, licensors, and suppliers, including, but not limited to Visual Data Systems, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

YOU AGREE TO PROVIDE ACCURATE AND COMPLETE INFORMATION
If and when requested by Vacation House Review, you agree to provide true, accurate and complete user information. You will not impersonate or falsely represent your affiliation, or lack of affiliation, with any person or entity.

VII. DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS." OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, VACATION HOUSE REVIEW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER VACATION HOUSE REVIEW, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. VACATION HOUSE REVIEW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT VACATION HOUSE REVIEW) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER VACATION HOUSE REVIEW, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VACATION HOUSE REVIEW AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VACATION HOUSE REVIEW IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, VACATION HOUSE REVIEW'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

VIII. THIRD PARTY RIGHTS
These Terms are for the benefit of Vacation House Review and its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

PLACE OF USE, APPLICABLE LAW, AND JURISDICTION
You understand that this website is controlled and operated by Vacation House Review from its offices within Avon, NC. Vacation House Review makes no representation that content in the website is appropriate or available for use in all other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent there are such local laws that are applicable.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Vacation House Review brings to enforce these Terms, or in connection with any matters related to this website, shall be brought only in either the state or Federal courts located in North Carolina and you expressly consent to the jurisdiction and venue of these courts located in North Carolina. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT
The provisions and conditions of these Terms of Use, and each obligation referenced herein, represent the entire Agreement between Vacation House Review, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published Terms of Use that are in effect when you access portions of our website beyond our home page and our Terms of Use page, the last-published Terms of Use shall prevail.