TERMS AND CONDITIONS OF USE

Welcome to VacationHomeDirect.com Web site(this "Site"). This Web site is offered by VacationHomeDirect.com(referred to herein as: "We", "Our", or "Us") to vacation rental owners and managers ("Listers") and persons interested in vacation rental properties("Renters"), conditioned upon acceptance without modification of the terms and conditions set forth herein (these "Terms and Conditions of Use").The Site is provided to you for your personal travel-related information, education and communication. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and among other things, limits our liability.
Please read these Terms and Conditions carefully. These Terms and Conditions include our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site's Privacy Policy.
When you use the Site, you accept the Terms and Conditions of Use; if you do not agree to the Terms and Conditions of Use you may not use the Site. VacationHomeDirect.com reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

1.Venue

We are not a party to the rental transaction. We do not own nor can we contract for any vacation rental property listed on the Site. Instead, this Site is a venue that allows Listers to offer Furnished Listings for rent and for Renters to rent such properties. We are not involved in the actual transaction between Renters and Listers even though we may from time to time provide tools, such as direct booking, that enable a Renter to enter into a transaction to lease a specific property directly from a Lister. We are not involved in the actual transaction between Renters and Listers even though we may from time to time provide tools, such as direct booking, that enable a Renter to enter into a transaction to lease a specific property directly from a Lister. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property), the ability of Listers to rent vacation property or the ability of Renters to pay for vacation rental properties.

2.Personal use

The site must not be used for any reason other than to browse vacation rental listings or add vacation rental listings.

3.Copyright

All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of VacationHomeDirect.com © 2005 - 2010, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, modify or transmit or make any derivative works of any material on this Site for commercial use without prior written approval of us. You may not "mirror" any material contained on this Site on any other server without prior written permission from us. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

4.Third Party Web Sites and Information

The Site may provide hyperlinks to third party Web sites or access to third party content. VacationHomeDirect.com does not control, endorse, or guarantee content found in such sites. You agree that VacationHomeDirect.com is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that VacationHomeDirect.com shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

5.Limitation of Liability

IN NO EVENT WILL VacationHomeDirect.com BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (a) BREACH OF CONTRACT, (b) BREACH OF WARRANTY, (c) STRICT LIABILITY, (d) TORT, (e) NEGLIGENCE, OR (f) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

6.Disclaimer Warranty

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE, OF THE AVAILABILITY, CONDITION OR ACCURACY OF THE DESCRIPTION OF OR ANY INFORMATION RELATED TO ANY LISTED PROPERTY OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. THE LISTED PROPERTY MAY NOT CONFORM TO ITS DESCRIPTIONS. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.

7.Release

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THIS SITE AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

8.Indemnification

You agree to defend, indemnify and hold harmless VacationHomeDirect.com and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.

9.Service Guarantee

We do not guarantee that the our web site will be available one hundred percent (100%) of the time. We make no warranty or representation as to the provision of any service obtained through us. If we 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 this Site nor Renter will not be held liable for any costs or damages including, but not limited to, indirect, special, incidental, exemplary or consequential damages (including, without limitation, lost profits) related to this Terms and Conditions or resulting from your use or inability to use us, arising from any cause of action whatsoever, including contract, warranty, strict liability, or negligence, even if we have been notified of the possibility of such damages.

10.Listing Inquiries

Inquiries sent to a Lister may be filtered and/or read by our staff before or after delivery to the Lister. Email transmitted via the Lister contact form is monitored and retained by us. Originators of inquiries may be contacted by us or affiliated websites with promotional offers. Use of the Lister contact form is solely for the purpose of contacting a Lister with regard to renting, exchanging or purchasing the listed vacation property. All inquiries of a commercial nature or offering goods or services are prohibited. While we endeavor to eliminate spam/fraudulent inquiries to Lister, it is not possible to guarantee that no such inquiries will be received by a Lister. Any Lister who receives a suspect inquiry is encouraged to notify us via the "contact us" form. We shall be held blameless and harmless for any cases of fraud resulting from transactions conducted through the our Web site, whether as Lister or Renter.

11.Termination

You agree that we, 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. We 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 we shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.