The following are terms of a legal agreement (“Agreement”) between you and Vacation Renter Solutions LLC, a Delaware limited liability company (“Company”). By accessing, browsing and/or otherwise using this web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Company for products, software, services or otherwise, unless otherwise directed by Company. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.

Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Company © 2005 - 2006, 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 Company. You may not “mirror” any material contained on this Site on any other server without prior written permission from Company. 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.

Trademarks The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Company or its affiliates or are displayed under license. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Company or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Company or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Company’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

Downloadable Materials. Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of Company and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Company in the case of codes or other downloadable materials.

Limited Access. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without Company’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.

Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by Company (the “Services”) or use the Services in a manner which, in the sole judgment of the Company: (i) violates or promotes the violation of any local, state, federal or non-United States law or regulation, including criminal activities (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) violates or infringes the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at legal@alwaysonvacation.com. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

You agree to defend, indemnify and hold harmless the Company and its officers, directors, agents, affiliates, employees, parents and subsidiaries, from any and all liability, loss, damages, costs, expenses, claims, or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) your breach or alleged material breach of this Terms of Use; (ii) any rental or attempted rental by you of the property listed on the Site; (iii) your failure to fully pay any amount related to the rental of an property listed on the Site; or (iv) your use Content obtained from the Site; (v) your use of the Services or access of the Site. 

IN NO EVENT WILL COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PROPERTY OWNERS, MANAGERS AND AGENTS, CONTENT PROVIDERS, EMPLOYESS, AGENTS, OFFICERS, MANAGERS OR OTHER THIRD PARTIES MENTIONED AT, IN OR ASSOCIATED WITH THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES, MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS RELATED TO THE RENTAL OF ANY PROPERTY LISTED ON THE SITE, INCLUDING WITHOUT LIMITATION, CLAIMS AND RELATED DAMAGES AND LOSSES RELATED TO FRAUDULENT LISTING OR RENTING OF PROPERTY; CONDITION AND MAINTENANCE OF LISTED PROPERTY, UNAVAILABILITY OF LISTED PROPERTY AND FAILURE OF LISTED PROPERTY TO CONFORM TO ITS DESCRIPTIONS.

Company may revise this Agreement at any time without notice by updating this posting.  By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.  Company will treat personally identifiable information that you submit through the Site in accordance with its Privacy Policy.

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.  The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.  This Agreement may be assigned in whole or in part by Company.  This Agreement may not be assigned in any manner by you without the express, prior written permission of Company.  No third party is a third-party beneficiary to this Agreement.  This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions.  You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Contra Costa , California (the “California Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.