Terms & Conditions:
Terms and conditions for Vacation Rental Owners/Managers
advertising on, and prospective customers/renters on 2BookARoom.com
By registering on this Site as a vacation rental
owner or manager, you agree to provide accurate and current information
about yourself as prompted by the registration process and maintain
and promptly update your online profile information to keep it accurate
and current. 2BookARoom Privacy Policy governs the use of information
acquired from you through this Site. 2BookARoom assumes no responsibility
for the accuracy of advertisements. Vacation rental owners and managers
assert that they have verified the truthfulness their own advertisement
to the best of their knowledge.
Each advertisement on this Site displays an individual and uniquely
identified property available for short term rent. A listing cannot
be an example of properties available. Only one vacation rental unit
can appear on each advertisement. 2BookARoom reserves the right to
amend or remove the advertisement, when more than one property is
described in the advertisement, and may choose, in its sole discretion
to retain any subscription fees associated with the non-conforming
listing as compensation for violating this condition.
Vacation rental owners or managers are responsible for investigating
and adhering to all local regulations including, but not limited to,
permits, licenses, zoning regulations, occupancy taxes, and safety
compliance.
Vacation rental owners or managers who upload digital pictures to
their advertisement on 2BookARoom, or supply photographs to be digitized
by 2BookARoom, or specify that digital pictures be taken from a web
site other than 2BookARoom represent and warrant that (i) the pictures
are their own property and they have the legal right to publish the
pictures on 2BookARoom.com and (ii) their advertisements and pictures
accurately represent their own property or properties they manage.
Vacation rental owners and managers agree not to place HTML, code
or other markup languages within their listings. HTML, code, or other
markup languages will be removed from listings without notice. Vacation
rental owners and managers agree not to place email addresses within
their listings other than in the designated area to help prevent SPAM
and discourage email harvesting robots from crawling 2BookARooms.com.
Email addresses included outside the designated area will be removed
from listings without notice.
2BookARoom is not a property management company. When you advertise
your vacation rental property with 2BookARoom, prospective renters
will contact you directly, after having placed a 20% security deposit,
using the email contact form or the contact information provided with
your advertisement.
2BookARoom is not responsible for renters of property. It is the responsibility
of the vacation rental property owner to validate the qualifications
of the potential renters. Specify terms and conditions in a rental
contract signed by you and the renters.
In order to maximize the visitors to your listing, 2BookARoom may
advertise your vacation rental on other websites with links back to
your 2BookARoom property listing. This will not result in additional
listing costs to you.
Notice to Renters using the 2BookARoom.com web
site or services
By utilizing this Site to locate vacation rentals,
you agree to conduct your own investigation regarding each property
offered as a vacation rental; vacation rental owners and managers,
not 2BookARoom, are responsible for the accuracy of the information
in their advertisements.
In the case of an untruthful advertisement leading renter to find
a replacement, 2BookARoom will investigate circumstances and if found
legitimate refund the booking fee and the 20% down payment.
General Terms of Use
This Web site (this “Site”) is offered by 2BookARoom
to you, the user, conditioned upon your acceptance without modification
of the terms and conditions set forth herein (these “Terms of Use”).
Your use of this Site constitutes your agreement to all of the terms
and conditions set forth herein.
Modification
2BookARoom reserves the right to modify these Terms
of Use at any time without notice. By accessing this Site after any
changes to these Terms of Use have been posted thereon, you will be
deemed to have consented to all such changes.
Use
This Site is provided solely for the use of current
and potential 2BookARoom customers to interact with 2BookARoom and
may not be used by any other person or entity, or for any other purpose.
No Implied License
This Site and any associated software, files, data,
content, documentation, or any other materials provided by 2BookARoom
(collectively “Associated Materials”) are protected by United States
and international copyright, trademark and other laws. © 2006 2BookARoom.
All rights reserved. 2BookARoom 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..
Conduct
You agree not to use this Site or the Associated
Materials to: (i) restrict or inhibit others from using and enjoying
this Site; (ii) transmit or upload unauthorized advertising, promotional
materials, junk mail, “spam,” chain letters or any other form of unauthorized
solicitation; (iii) transmit or upload any material that violates
or infringes the rights of third parties including, without limitation,
copyright, patent, trademark, rights of privacy or publicity or any
other proprietary right; (iv) transmit or upload any virus or any
program or component designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment;
(v) transmit or upload any material that is unlawful, threatening,
abusive, harmful, harassing, defamatory, tortuous, hateful, racially,
ethnically or otherwise objectionable, obscene, sexually explicit
or indecent; (vi) gain unauthorized access to other accounts on the
Site, other computer systems or networks; (vii) store, collect or
disclose any company names, addresses, telephone numbers, email addresses,
listings, reports, fees, pricing or any other information except as
strictly necessary to use the Site or (viii) impersonate or otherwise
misrepresent any person or entity, or make false or misleading indications
of origin or fact. You, and not 2BookARoom, shall be responsible for
ensuring that your use of the Site and the Associated Materials does
not constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable law, regulation or ordinance, including,
but not limited to, U.S. law regarding the transmission of technical
data. You agree to obey the requirements, procedures and policies
of computer systems connected to this Site. 2BookARoom shall have
the right, but not the obligation, to monitor or review your conduct
on this Site.
Feedback
In the event that you provide 2BookARoom with any
feedback or suggestions (“Feedback”) regarding the functionality and/or
performance of this Site or the Associated Materials, 2BookARoom shall
have a non-exclusive, perpetual, non-terminable, irrevocable, royalty
free, worldwide right and license to use, reproduce, disclose, sublicense,
distribute, modify and otherwise exploit such Feedback without restriction.
Links to Third-Party Sites
This Site may contain links to Web sites operated
by parties other than 2BookARoom. Such links are provided for your
convenience and reference only. The linked sites are not under the
control of 2BookARoom, and 2BookARoom is not responsible for the contents
of any linked site or any link contained in a linked site. The inclusion
of a link does not imply any association with their operators or any
endorsement of the linked site by 2BookARoom.
Indemnification
You shall indemnify, defend and hold harmless 2BookARoom,
its officers, directors, shareholders, employees, agents and representatives
against all liability, demands, claims, costs, losses, damages, recoveries,
settlements and expenses including without limitation interest, penalties,
attorneys’ fees, accounting fees, and expert witness fees arising
out of or related to (i) your use of this Site or the Associated Materials
and (ii) any breach or non-compliance by you of these Terms of Use.
2BookARoom shall have the right at its own expense, but not the obligation,
to assume the exclusive defense and control of any matter subject
to indemnification by you, and you shall not in any event settle any
matter without the written consent of 2BookARoom.
Disclaimer of Warranty
THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING
ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON
OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, ARE PROVIDED
“AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 2BOOKAROOM AND
ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES
OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR
THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED
THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, 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 ASSOCIATED MATERIALS OR ANY LINKED SITE. 2BOOKAROOM
AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. 2BOOKAROOM MAKES NO WARRANTIES
OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE,
THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED
MATERIALS.
Limitation of Liability
2BOOKAROOM SHALL NOT BE RESPONSIBLE OR LIABLE TO
YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH
2BOOKAROOM OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF,
OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING
ON THIS SITE AND THE ASSOCIATED MATERIALS OR ANY GOODS, SERVICES,
OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND
THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF 2BOOKAROOM HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL 2BOOKAROOM' TOTAL
CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE
OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED ONE HUNDRED DOLLARS
($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Third Party Rights
These Terms of Use are not intended and shall not
be construed to create any rights or remedies in any parties other
than the parties hereto and no person shall assert any rights as a
third party beneficiary hereunder.
Termination
You agree that 2BookARoom, at its sole discretion,
may terminate your access to this Site and your account, if any, at
any time and without prior notice for any reason. 2BookARoom may also
in its sole discretion and at any time discontinue providing this
Site, or any part thereof, with or without notice. Further, you agree
that 2BookARoom shall not be liable to you or any third-party for
any termination of your access to this Site and/or your account.
No Business Relationship Created By Your Use
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and 2BookARoom as a result
of your use of this Site.
No Waiver
The failure of 2BookARoom to exercise or enforce
any right or provision of these Terms of Use shall not constitute
a waiver of such right or provision.
Severability
If any provision of this Agreement shall be held
illegal, invalid, or unenforceable, in whole or in part, such provision
shall be modified to the minimum extent necessary to make it legal,
valid, and enforceable and the legality, validity and enforceability
of all other provisions of this Agreement shall not be affected thereby.
Governing Law
These Terms of Use shall in all respects be governed
by, subject to, enforced and construed in accordance with the laws
of the State of Florida including all matters of construction, validity,
performance and enforcement. The parties agree that the exclusive
jurisdiction and venue of any action between the parties arising out
of, or in any way connected with the provisions of these Terms of
Use, the subject matter hereof, the parties mutual rights and obligations
arising heretofore or hereafter or the performance of any of the terms
and conditions hereof by either of the parties hereto shall be the
Superior Court of Florida as applicable, and each of the parties hereby
submits itself to the exclusive jurisdiction and venue of such courts
for purposes of any such action or proceeding.
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