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Terms of Use
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking,
tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
Click to contact our webmaster
[Other contact information including address or the information for a designated agent]
14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
16. NOTICE TO ALL RENTERS AND ADVERTISERS.
You are responsible for conducting your own investigation regarding any and
all claims made by prospective renters or vacation property owners or agents.
You assume all liability for use of any information you find in any
LakehouseVacations publication.
The operators of
LakehouseVacations assume no responsibility and
in no way warrant the accuracy of the information contained in any of the
pages published here. Not all
LakehouseVacations
ads are created directly by the property owners, some
LakehouseVacations advertisers are acting as
agents or managers for the owners.
Renters are aware that each property sets its
own Refund/Cancellation Policies -
LakehouseVacations
recommends that renters ask for and receive a written notice of the
Refund/Cancellation policy from the advertiser and for added protection, we
recommend the purchase of Trip Cancellation Insurance at your own expense.
LakehouseVacations is not responsible for the
refund of rental fees for any reason.
None of
the information contained in any
LakehouseVacations
web page is confirmed or warranted by any party. Confirmation of information
published herein is the sole responsibility of the renting party.
Qualification of all renters is the sole responsibility of the property owner
or agent.
Property Owners - If
the operators of LakehouseVacations
are unable to provide the promised level of service for any reason, including,
but not limited to service outages, war, acts of God or negligence, neither
LakehouseVacations or its owners can be held
liable for any costs beyond the prorated costs paid by the client for the
services which were not provided.
LakehouseVacations
does not guarantee that the
LakehouseVacations
web site will be available 100% of the time. This Agreement shall be construed
in accordance with the laws of Tarrant County, Texas, any and all disputes
shall be submitted to the jurisdiction of Tarrant County, Texas, disregarding
conflicts of law, forum and venue.
Property owners are responsible for investigating and adhering to all local
regulations including, but not limited to, permits, licenses, occupancy taxes,
and safety compliance.
17. IF YOUR PROPERTY GOES OFF THE MARKET...
If you
wish to remove your rental property from the market, we can temporarily
inactivate the
LakehouseVacations
listing and reactivate it at a future date during your paid annual term. Your
LakehouseVacations listing stays in force
through the original term and the renewal date does not change (the renewal
date will not be extended during the time that the property is off the
market).
18. IF
YOUR PROPERTY IS SOLD
If you
sell your property, you can transfer your
LakehouseVacations listing to the new property
owner for no additional charge. NOTE: No refund will be given, however,
existing and new members are encouraged to come to a fair division of fees
amongst themselves.
19. SELLING YOUR
LakehouseVacations
LISTING
Warning
to potential purchasers and sellers of
LakehouseVacations listings: Since a property
owner can create a new listing of their own at anytime,
LakehouseVacations does NOT endorse or approve
of the sale or bartering of the
LakehouseVacations
listing unless the property being advertised is also sold to the same party.
Any listing which is advertised for sale or which we determine has been sold
is subject to immediate cancellation without notice and without refund. Please
do not offer to sell or purchase a
LakehouseVacations
listing without transferring the property at the same time.
20. ONE PROPERTY in ONE LOCATION
LakehouseVacations
listings are designed to advertise ONE PROPERTY in ONE LOCATION. Each listing
may only relate to one specific property.
21. SPAMMING POLICY
Note:
LakehouseVacations does not participate in or
tolerate the sending of Unsolicited Commercial Email (SPAM) -
LakehouseVacations reserves the right to cancel
(without refund) any member that mentions
LakehouseVacations or any of its associated
websites, URLs, or any associated
LakehouseVacations
email address in any SPAM e-mail message or internet posting.
LakehouseVacations is the sole judge in
determining what constitutes SPAM.
22. RENTAL INQUIRIES
It is
the goal of
LakehouseVacations
to reduce the volume of SPAM delivered via the Rental Inquiry form. To that
end, inquiries may be monitored and filtered by
LakehouseVacations prior to delivery to
LakehouseVacations members. Inquiries may be
read by
LakehouseVacations
staff members. Despite
LakehouseVacations
filtering efforts, it is likely that some SPAM inquiries will be delivered
anyway. It is also likely that some non-SPAM inquiries may not be delivered as
a result of
LakehouseVacations
filtering efforts.
Rental
inquires are delivered via Internet email and are not to be considered
private. Internet e-mail delivery is not 100% reliable and
LakehouseVacations cannot be held responsible
for undelivered inquiries or for missed income as a result of undelivered
inquiries.
LakehouseVacations,
at its own discretion, may supply to potential renters the direct e-mail
address and or phone number of
LakehouseVacations
advertisers for the purpose of making a rental inquiry.
23. AD ACCEPTANCE & EDITING POLICY
LakeHouseVacations.com reserves the right to reject or edit any ad
submitted at our sole discretion. Once material has been submitted, edited and
posted on the
LakehouseVacations
web site, it becomes the property of
LakehouseVacations and its affiliated sites and
may not be copied from the
LakehouseVacations
web site without written permission.
24. LOCAL RULES AND REGULATIONS
Property owners are responsible for investigating and adhering to all local
regulations including, but not limited to permits, licenses, occupancy taxes,
and safety compliance.
By
using or continuing to use the services of
LakehouseVacations, you agree to the terms and
conditions of this disclaimer.
25. E-mails from LakehouseVacations.com
In order to keep you up-to-date on the services and products offered by LakehouseVacations.com, we may occasionally contact you via e-mail to alert you of specific offers, products or services that we feel may be of interest to you. We will not rent, sell or give your e-mail address to any third party.
Anytime you receive an e-mail offering a product or service from LakehouseVacations.com and you wish to stop receiving or “opt-out” of receiving any similar e-mails, you may either (1) click the “opt-out” link at the bottom of each e-mail or (2) contact LakehouseVacations.com Customer Service. Our business hours are Monday through Friday, 7:00 a.m. to 5:00 p.m. Central Standard Time.
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