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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 CaminoSur.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@CaminoSur.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.
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