Waterfront Vacation Rental Terms of Use

Access To This Site

You agree to use this website only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to the website or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the website in any manner that might interfere with the rights of third parties. To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this website, that all the information you provide on this website will be correct, current and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this website or any of its resources and to terminate or suspend your access at any time, without notice.

Restrictions On Use

This website is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services our Company provides. You may not use this website for any other purpose, including any commercial purpose, without our Company’s expressed prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this web site, or (ii) frame or iframe this website, or (iii) hyper-link to this website, without the expressed prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner, as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this website. You agree to cooperate with our Company in causing any unauthorized co-branding, framing, iframing or hyper-linking immediately to cease.

Proprietary Information

•Trademarks

The material and Content accessible from this website, and any other World Wide Website owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company. Our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent from our Company, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the website without the expressed written permission of our Company.

•Copyrights

This website and its Content are protected by U.S. and/or foreign copyright laws, and belong to our Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by our Company or other copyright owners, who have authorized their use on this website. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by our Company, for example in certain password-restricted areas of the website. You may not manipulate or alter in any way, images or other Content on the website. Any icons, logos, design, special colors etc., are Registered Trademarks and Property of their Respective/ Rightful owners.

Hyper-Links

This website may be hyper-linked to other websites, which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that website. Hyper-links to such websites are provided as a service to users and are not sponsored by, or affiliated with, this website or our Company. Our Company has not reviewed any or all of such web sites and is not responsible for the content of those websites. Our Company also makes no representations about the availability of hyper-linked websites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to this website. If you hyper-link to a website, please be aware that you will leave our Company’s website and will become subject to the rules and conditions of the linked site(s). Our Company recommends that you make yourself aware of the “Terms of Use” of any websites you link to from our Company’s website.

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this website (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising), without incurring any liability for royalties or any other consideration of any kind. Our Company will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to our Company that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.

Our Company will treat any personal information, that you submit through this website, in accordance with its Privacy Policy, as set forth on this website.

Child Safety

Protecting the online privacy of children is especially important to our Company, and those under the age of 13 are protected by Federal law. For that reason, our Company does not knowingly permit children under the age of 13 to become registered members of our websites, or to buy goods and services on our websites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s expressed consent.

If we ever include children under the age of 13 as part of our intended website audience, those specific web pages will be, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and our Company will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

Downloading Material

You understand that our Company cannot and does not guarantee or warrant, that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructing properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

Disclaimer

OUR COMPANY MAKES NO EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. OUR COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT AND ANY PRODUCT OR SERVICE FURNISHED, OR TO BE FURNISHED, VIA THE WEBSITE. OUR COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. OUR COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation On Liability

OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OUR COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO OUR COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold our Company, its subsidiaries, affiliates, licensers, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this website any material that:

•you do not have the right to post, including proprietary material of any third party;

•advocates illegal activity or discusses an intent to commit an illegal act;

•is vulgar, obscene, pornographic, or indecent;

•does not pertain directly to this web site;

•threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;

•seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;

•infringes on any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

•violates any law or may be considered to violate any law;

•impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers, to disguise the origin of the content;

•advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this site;

•solicits funds, advertisers, or sponsors;

•includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

•disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way, which affects the ability of other people to engage in real-time activities via this site;

•includes MP3 format files;

•amounts to a ‘pyramid’ or similar scheme;

•disobeys any policy or regulations, established from time to time, regarding use of this website or any networks connected to this website; or

•contains hyper-links to other websites that contain content, which falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither our Company nor any third party that provides Content to our Company, will assume or have any liability for any action or inaction by our Company or such third party, with respect to any Submission.

Security

Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). Our Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that our Company considers insecure, our Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, our Company reserves the right to release your details to system administrators at other websites, in order to assist them in resolving security incidents. Our Company reserves the right to investigate suspected violations of these Terms of Use.

Our Company reserves the right to fully cooperate with any law enforcement authorities or court order, requesting or directing our Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS OUR COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR COMPANY DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of New York, in the United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York, in connection with any dispute between you and our Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or Federal courts in Suffolk County, New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitutes the entire agreement among the parties, relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. Our Company may revise these Terms of Use at any time by updating this posting, mentioned earlier.

Our Company appreciates you taking the time to go through our Company’s Terms and Conditions Policy provided for you.