Last updated: May 20, 20209
Introduction to the Site.
Please read these Terms carefully, as they apply to the information provided and services offered by VacayHome Connect, LLC ("MyVacayHome"), the operator of the Site and contain other important information including information about limitations of liability and resolution of disputes. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. You are not authorized to use this Site unless you are at least 18 years of age and you are able to enter into legally binding contracts.
Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof. Unless otherwise specified, VacayHome is collectively referred to as "we," "us" or "our" and the term "you" refers to the User visiting the Site and/or requesting a reservation on this Site.
Purpose of the Site.
The Site is an advertising and information website and a search and booking engine, which allows vacation properties to be advertised and listed for rent on the Site to and for the benefit of potential renters of those properties ("Consumers") (Owners of each vacation rental property and their property managers and agents (collectively "Owners") and Consumers are referred to collectively herein as "Users"). We do not own or manage any rental property listed on the Site, nor are we a party to any rental agreement or other transaction between Users. As a result, any part of an actual or potential transaction between Users, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to Consumer or property), and the ability of Consumers to rent a vacation property are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and additional restrictions may be placed on your booking, product or service.
Users acknowledge and agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site. Owners further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Users also acknowledge and agree that we are not responsible for any fraudulent or other illegal activities of any other User.
Limited License to Use the Site.
You are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services that may be offered on any Site, or for any other purpose clearly stated on a Site. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
You acknowledge and agree that we may access and use listings, descriptions, data or other information and materials contributed to the Site or otherwise made available by the User ("Content"). We agree to only use your Content in accordance with these Terms. You acknowledge and agree that you may only use other Users' personal information obtained from the Site for: (a) Site-related communications, (b) availing yourself of the tools, services or products offered through the Site, and (c) inquiring about or facilitating a transaction between you and the other Users related to the services provided on the Site. Any other use of other Users' personal information require express permission from such User.
All materials and content made available on the Site ("Materials") are subject to copyrights. The rights to the Materials are owned by MyVacayHome, its affiliates and/or their respective licensors. You may only use the Materials for personal and noncommercial purposes. You may not use any portion of the Materials in any other way or for any other purpose without prior written consent of MyVacayHome. You agree to abide by any and all copyright notices or restrictions contained in or relating to any Materials. Copying, storing or otherwise accessing the Site or its Materials for any purpose other than for your personal, noncommercial use or in accordance with your valid subscription is expressly prohibited without prior written permission from us.
You acknowledge that the Materials include certain trademarks, service marks, and other indicia of source (together, "Marks") that are owned by MyVacayHome. You agree not to copy, use, infringe or dilute the Marks. You further agree that you will not alter or remove any Mark, copyright notice, or other notice from the Materials or any copy thereof. The Site name and logo are trademarks of VacayHomeOther product and company names herein may be trademarks of their respective owners. You may not refer to VacayHome or any of its affiliates in any way that might lead someone to believe that you, your company or site is sponsored by, affiliated with, or endorsed by VacayHome or one of their affiliates. You may not use the Marks on any other website that lists vacation rentals without our prior written authorization.
User Content provided on the Site.
MyVacayHome does not represent that any of the Content published on the Site is accurate or current. Users are solely responsible for ensuring that their Content is accurate, current and not misleading. Consumers are solely responsible for verifying the accuracy of such Content. We disclaim any and all liability arising from any alleged inaccuracy of the Content. We do not guarantee the accuracy or quality of any translation of Content. The User is solely responsible for the accuracy of such translation.
User's Obligations Related to the Site.
Our services and tools may only be used by Users who can form legally binding contracts under applicable law. If you are registering as a business entity, You represent and warrant that You have the authority to bind the entity to these Terms. Each Owner represents and warrants that all information submitted to us and to the Site during such Owner's registration with the Site shall be true and correct. Each Owner further agrees to promptly provide notice to the Site regarding any updates to any such contact information. Each Owner further represents and warrants that: (i) it has all necessary rights to offer for rent and to rent the property listed by such Owner, (ii) that it will accurately describe the subject vacation property and (iii) that it will review the property listing content and location or geographic description to ensure it as accurate and not misleading at all times.
Identity Verification of Site Users.
We do not assume any responsibility for verification or confirmation of the identity of any User. It is your responsibility to assure yourself of the identity of any other User. You agree to maintain your password and other account login credentials secure and confidential and to provide it only to authorized Users of your accounts. We may require you to change your account login credentials if we detect any unauthorized access to your account. You are responsible for all transactions conducted by a person with whom you have shared any of your account login credentials. YOU AGREE THAT MYVACAYHOME NOR ANY OF THEIR PARENTS, AFFILIATES OR SUBSIDIARIES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR ACCOUNT LOGIN CREDENTIALS. YOU ALSO AGREE THAT THE UNAUTHORIZED USE OF YOUR LOGIN CREDENTIALS FOR YOUR INTERVAL ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH INTERVAL AND OTHER USERS. We have the right, without notice to You, to suspend or cancel your account or listing if we suspect that your account has been compromised.
Users sometimes submit ideas or suggestions to us regarding the Site or our business, like ideas regarding new or improved services or products. Any ideas, suggestions, original works, or other works ("Submissions") that you submit are provided on a non-confidential basis. We are under no obligation to review any Submissions. By providing Submissions, You transfer all title in the Submissions to us and authorize our Use of the Submissions for any purpose.
Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Limitation of Liability.
IN NO EVENT WILL MYVACAYHOME, THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE "GROUP"), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON THIS SITE (EACH A "THIRD-PARTY PROVIDER"), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) ANY CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD-PARTY PROVIDER RECEIVE A COMMISSION OR FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER, OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY OWNER OF THE GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, 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 ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
IF YOU HAVE A DISPUTE WITH OTHER USERS OF THE SITE OR ANY THIRD-PARTY PROVIDER, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE MYVACAYHOME, 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, LIABILITIES, 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 SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MYVACAYHOME, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE, ANY CONTENT POSTED BY YOU, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Responsibility for Property and Consumer Liability.
We do not provide liability or any other insurance protection for Users, regardless of whether a User obtains insurance coverage through one of our third-party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Owners agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site prior to the arrival of their first Consumer and will maintain adequate insurance coverage through the departure date of any Consumer they have obtained via one of our Sites. Further, Owners agree to provide us with copies of relevant proof of coverage upon request.
Appearance in Search Results.
We cannot guarantee that your listing will appear in any specific order in search results on a Site.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from Owners' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
By using this Site, You agree that any and all disputes arising out of or relating to your use of this Site, or other services provided by MyVacayHome or the support companies in connection with your use of this Site will be resolved via mandatory, binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA"). Arbitration will conducted under the AAA's Consumer Arbitration Rules (collectively, the "Rules"). You waive all rights to bring a claim in any court, including small claims court. If there is a conflict between the Rules and this Disputes provision, the terms of this Disputes provision will govern. The Rules are available online at adr.org/consumer or by calling the AAA at 1-800-778-7879.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
The arbitration will be conducted by a single arbitrator in Chicago, Illinois, who will be appointed by the AAA. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted based solely on written submissions, unless the arbitrator determines that a telephonic or online appearance is required, and will be conducted in the English language. The arbitration will not involve any personal appearance by the parties or witnesses. The arbitration will be confidential, and you may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
In order to initiate arbitration with the AAA, you and MyVacayHome each will be responsible for paying a filing fee to the AAA.
Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Ordinarily, those documents will be limited to your booking and communications directly about that booking among you and/or MyVacayHome, and the accommodation(s) that are the subject of your dispute with MyVacayHome. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator's determination will be conclusive.
ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. You understand and agree that, by accepting these terms and conditions, you are waiving the right to participate in a class action with respect to the claims covered by this mandatory arbitration provision.
This agreement to arbitrate is made under and will be governed by and construed in accordance with the laws of the State of Illinois, consistent with the Federal Arbitration Act, without giving effect to any choice-of-law principles that provide for the application of the law of another jurisdiction.
All claims you bring against MyVacayHome must be resolved in accordance with this Disputes provision. All claims filed or brought contrary to this Disputes provision will be considered improperly filed and void. Should you file a claim contrary to this Disputes provision, VacayHome will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from MyVacayHome, MyVacayHome may recover its attorneys' fees and costs incurred to enforce this Disputes provision, up to $1,000.
To contact us for any reason, select Contact Us.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Except as explicitly stated otherwise, any notices to us shall be given by postal mail to:
When we need to send You notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, or via any overnight commercial courier service to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address for notices sent by certified mail and on the date of delivery for notices sent by overnight commercial courier service.
We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any substantive amendment to these Terms, then (i) your sole remedy as a Consumer, or any other User other than an Owner, is to discontinue your use of the Site, and (ii) your sole remedy as an Owner is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your listing of the property.
We also reserve the right to offer programs, products, or services with different terms and conditions. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product, or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us. We may immediately terminate any User's access to or use of the Site due to such User's breach of these Terms or any unauthorized use of the Site. Our failure to take action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and You with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool, or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.