SwapYourVacationHome.com End-User License Agreement (EULA)
Preamble
SwapYourVacationHome.com, referred to herein as "the Service," is a unique online community of travel enthusiasts. Please refer
to our contact
information. The Service enables a large, growing network of travelers
to trade stays in their vacation homes and other property.
The Service's owners, operators, employees, contractors, and other associates are referred to
herein as "the Operators."
A user of the Service, whether anonymous, registered, or a paying
subscriber, is referred to herein as "the User."
The User may create and manage property listings on the Service. The
properties to which these properties listings are associated are referred to
herein as the User's "Properties."
Agreement
This document represents a legal agreement between the Operators and the User.
If any item in this document is disagreeable to any potential User, that individual should not become a
User of the Service. The act of an individual using the Service confirms their
agreement with and intent to abide by all guidelines set forth in this
Agreement.
Users determined by the Operators to be in violation of any portion of this
agreement may be penalized or removed from the Service.
Alterations
This Agreement may be amended at any time by the Operators. The User will receive notification
of any such modifications via email, displayed messages, or the
Service's private
inbox feature.
Country of Origin
The Service is only subject to the laws and regulations applicable to the states of California
and Nevada in the United States of America.
Privacy Policy
Our Privacy Policy is also part of this
Agreement.
Information Policy
The Operators may remove, alter, or permanently destroy any information on the
Service regardless of its type or origin.
The Operators assume no responsibility for the
consequences from the presentation, corruption, use, theft, misrepresentation, or loss of information.
Copying, storing, buying, or selling any text, sounds, images, account
information, and other information maintained by the Service is prohibited excepting:
- Cases when explicit disclaimers are associated with specific information
- Those who own copyrights to specific information
- Circumstances of �fair use� as defined by United States copyright law.
This allows users, for example, to print images for their own use.
- Indexing by web search engines
Password Policy
The User should create strong passwords consisting of at least eight letters and numbers. The
User should change their password at least every six months, avoid storing their passwords in an unsafe location,
and avoid sharing their passwords with untrustworthy individuals.
The Operators will never ask for the User's password and they can not recover lost
passwords. The Service however can provide a new password to the User in a
secure fashion.
User Account Policy
The User shall not share their password with another individual who
manages property listings for properties that are unrelated to the User.
In this scenario the intent is to make only one payment to the Service when two independent
payments should be made. The Operators may seek reimbursement and other
damages from all parties committing this type of fraud.
Copyrights
The User shall not contribute any copyrighted text, sound, images, content, or other
information to the Service
to which they do not own the copyright. The Operators may remove any
information that is determined to be in violation of copyright law.
Copyright owners may notify the Operators of violations using the contact
information provided above.
The User shall not infringe upon any patents, copyrights, and other intellectual
property owned by the Operators and the Service's users.
The Operators accept no responsibility for the Service's users contributing or
acquiring copyrighted text, sound, images, content, or other information to or
from the Service.
Acceptable Use
The User shall not conduct illegal or fraudulent activity via the
Service. The Operators will report all illegal activity to law enforcement.
The User shall not conduct illegal activity inside or outside a Property
during a Stay.
The User shall not attempt to acquire or use passwords, personal, payment,
or other information belonging to other users of the Service without their
expressed consent.
The User shall not harass other users.
The User shall not contribute inaccurate or misleading information about
themselves, their traveling party, their properties, their property stays, their
experience with the Service's users, or the properties and property listings associated
with other users of the Service.
Partner Programs
The Operators make no claims regarding the content, services, information, or actions of its
partners.
Availability
The Operators strive to provide the best possible user experience. However,
service outages may occur from time to time, due to events including planned upgrades, Internet connectivity loss, hardware failures, power interruptions,
or software bugs.
The Operators make no guarantees with regard to the Service�s quality or availability.
The Service will attempt to notify the User in advance of planned downtime via displayed messages, email, or the Service�s inbox functionality.
Payments
Some of the Service�s features are provided on a pre-paid basis only. Payment must be confirmed by the Service on or prior to the first day of accessing these features.
Paid features are purchased in advance for a "Subscription Period"
which is a fixed period of time. Payments collected accurately from the
User for services rendered may not be refunded.
Dormancy and Removal of User Accounts
Removal (or cancellation) of the User's account may result in the unrecoverable destruction of all information related to
the User's account, including by not limited to property listings, ratings, blog
entries, and feedback.
When the Subscription Period expires and additional payments are not made by the
User, the User's account will become Dormant, which causes the Service to
restrict the User's account to a subset of the Service's features. The
Service will send the User notification
of their account's dormancy status via email, displayed messages, or the private
inbox feature. When the User's account is Dormant for a period of time,
the Operators may remove the User's account.
Service Discontinuation
Although unlikely, the Operators may shut down the Service permanently for any reason without notification.
Risks of Property Stays
The Operators make no claims regarding whether the User will stay in
property using the Service as a guest. The Operators make no claims regarding the User's property
stay experience.
There are many risks associated with property swapping, including but not
limited to damage to property, loss of property, injury, liability, identity theft,
fraud, monetary loss, incomplete directions, lack of compensation for time
spent, and broken verbal or written contracts. The User shall arrange,
host, and conduct all of their property stays responsibly, carefully, and
conscientiously. The Operators are not responsible for the User's
experience related to arranging, hosting, and/or conducting property stays.
ALL USERS WHO INTEND TO ENGAGE IN PROPERTY SWAPPING SHOULD CONSULT AN INSURANCE AGENT ON A REGULAR BASIS TO CONFIRM THAT THEY MAINTAIN ADEQUATE COVERAGE FOR
THEIR LIABILITY AND PROPERTY.
The Operators accept no responsibility for the actions of the User or the
Service's users.
Disclaimer
THE SERVICE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JC2T INC.�S OWNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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