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This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
This Website acts as an internet marketplace to find, interact and transact with other users, Members, buyers, or renters (the “Users”) showing products or services associated with the Service.
- ALLHOLIDAYRENTAL.com is not a broker, lender or seller nor a party to any agreement you may make with regard to any product.
- Any information you provide to Users in connection with your application remains with that party and not ALLHOLIDAYRENTAL.com
- ALLHOLIDAYRENTAL.com is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website.
- ALLHOLIDAYRENTAL.com does not endorse, warrant or guarantee the products or services of any Users. This Website is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information.
- You assume the entire risk as to the accuracy, completeness, validity and quality of any information.
- Any information on the Website can change without notice. In our sole discretion, we may add, delete, and modify terms.
LISTINGS. You may post content or view content posted by others on the Service. ALLHOLIDAYRENTAL.com may or may not monitor such content in its sole discretion. ALLHOLIDAYRENTAL.com is not a party to the transactions between you and the Users of the Website.
- Transaction Processing by the Property Owner or Manager. Clients may direct buyers to the clients’ web site for transaction processing or clients provide buyers with clients' contact information outside the Website to complete a transaction. ALLHOLIDAYRENTAL.com never collects credit card information from buyers for such transactions. ALLHOLIDAYRENTAL.com collects any required seller fees directly from clients. (The owners or managers of properties for rent).
- Third Party Transaction Processing. In some cases, clients may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions and ALLHOLIDAYRENTAL.com is not involved.
- LINKS. ALLHOLIDAYRENTAL.com and ALLHOLIDAYRENTAL.com Partners may provide links to external websites or resources for your convenience and reference only. ALLHOLIDAYRENTAL.com and ALLHOLIDAYRENTAL.com Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against ALLHOLIDAYRENTAL.com, its partners, or its service providers arising out of your use of external websites or resources.
- MEMBER REGISTRATION. You must register as a Member with ALLHOLIDAYRENTAL.com to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the “Registration Data”) when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. ALLHOLIDAYRENTAL.com and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify ALLHOLIDAYRENTAL.com immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others using our contact form.
- OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the “Content”), is the property of ALLHOLIDAYRENTAL.com and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
- Grant of License. You hereby grant to ALLHOLIDAYRENTAL.com and its partners, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to ALLHOLIDAYRENTAL.com that are not clearly marked as confidential (“Member Content”) and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with ALLHOLIDAYRENTAL.com's current content submission guidelines. ALLHOLIDAYRENTAL.com shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. ALLHOLIDAYRENTAL.com has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until ALLHOLIDAYRENTAL.com specifies another form of delivery of Member Content or another URL address, you may submit Member Content to ALLHOLIDAYRENTAL.com at http://www.ALLHOLIDAYRENTAL.com. As the sole consideration for the license and rights granted to ALLHOLIDAYRENTAL.com under the Agreement, ALLHOLIDAYRENTAL.com will consider posting Member Content on the Website.
- Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to ALLHOLIDAYRENTAL.com, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by ALLHOLIDAYRENTAL.com to others.
ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.
In addition, the following rules apply to your use of the Service:
- You certify to ALLHOLIDAYRENTAL.com that you are at least 18 years of age.
- You assume full responsibility for the use of the Service by any minors.
- Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
- You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that ALLHOLIDAYRENTAL.com does not endorse the actions, the contents of communications, or the products of the Users.
- You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
- You must complete all transactions you agree to complete in connection with the Service.
- In your capacity as a seller, if applicable, and in transactions when ALLHOLIDAYRENTAL.com is not collecting payment on your behalf, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You must forward all feedback you receive regarding the Service to ALLHOLIDAYRENTAL.com when acting as a seller.
- ALLHOLIDAYRENTAL.com is family-oriented, traditional-values based service. This is in response to clients’ requests. ALLHOLIDAYRENTAL.com does not promote pornography in any manner whatsoever or other objectionable activities and/or causes as determined in its sole discretion. ALLHOLIDAYRENTAL.com may allow, or disallow, your participation at any time for any reason whatsoever.
- PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except ALLHOLIDAYRENTAL.com) any information you obtain about or from other users of the Service, or you obtain from ALLHOLIDAYRENTAL.com if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. ALLHOLIDAYRENTAL, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER ALLHOLIDAYRENTAL, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ALLHOLIDAYRENTAL ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL ALLHOLIDAYRENTAL, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF ALLHOLIDAYRENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, ALLHOLIDAYRENTAL SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF ALLHOLIDAYRENTAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO ALLHOLIDAYRENTAL, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALLHOLIDAYRENTAL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.INDEMNIFICATION. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD ALLHOLIDAYRENTAL HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST ALLHOLIDAYRENTAL ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
- RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE ALLHOLIDAYRENTAL.com AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. ALLHOLIDAYRENTAL.com may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If ALLHOLIDAYRENTAL.com terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, ALLHOLIDAYRENTAL.com may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
- These Terms are governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in San Francisco, California and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Allholidayrental's failure to act with respect to a breach by you does not waive Allholidayrental's right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Allholidayrental shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Allholidayrental's reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
GENERAL. The Agreement comprises the entire agreement between you and ALLHOLIDAYRENTAL.com and supersedes all prior agreements regarding the subject matter contained herein. ALLHOLIDAYRENTAL.com may amend the terms and conditions of this Agreement (the “amended terms”) from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to ALLHOLIDAYRENTAL.com in writing via conventional mail or e-mail addressed to ‘support’ at ALLHOLIDAYRENTAL.com.
If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to ALLHOLIDAYRENTAL.com to ‘support’ at ALLHOLIDAYRENTAL.com; ALLHOLIDAYRENTAL.com may change this address at any time by posting a notice to the Website: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Throughout this Agreement, ALLHOLIDAYRENTAL.com includes its partners, affiliates, agents, assigns, and the Agreement is enforceable by any of ALLHOLIDAYRENTAL.com authorized agents.
The Agreement shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held 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. ALLHOLIDAYRENTAL.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ALLHOLIDAYRENTAL.com in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
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