By accessing or using any part of the TheVacationHub.com, TheVacationManager.com and MyVacationManager.com websites (collectively known as the “Website” or “Company”) or the services provided on it (the “Services”) as provided by The Vacation Hub, LLC (the “Provider”), you (the “User”) agree to accept and comply with the terms, conditions, and notices stated herein including the privacy policy. These terms and conditions may be modified by the Provider from time-to-time without notice to you. These Terms and Conditions constitute a binding contract between the Provider and you. You are responsible for regularly reviewing the Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please do not access or use any part of the Website.

General Use
Unless specified otherwise, the Provider offers you access to the Website solely for your personal and non-commercial uses. You agree to access or use the Website only for legal purposes that are permitted by the Terms and Conditions. Among other things, you agree not to:

  • Except with the express written permission of the Provider; copy, distribute, reproduce, publish,  create derivative works, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Website, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining information;
  • Obtain or attempt to obtain any materials or information through any means not made readily accessible by the Provider.

Except with the express written permission of the Provider, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website.

You agree that the Provider may in its sole discretion and at any time terminate your access to and use of the Website, or any part thereof, with or without notice. You further agree that use of the Website and any of its Services shall be immediately terminated if you violate these Terms and Conditions. In addition, the Provider reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided by the Provider through its Website may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by the Provider to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, the Provider does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release the Provider from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in the Website
The Website and all of its contents and processes (collectively, “Content”) is owned by the Provider and/or third parties with all rights reserved unless otherwise noted. The Provider grants you a limited license to access and use the Website and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Content, except with express written consent of the Provider. You understand that all third party Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the third party originator of such Content. Content is provided through the Website “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall the Provider be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Website. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to the Provider as provided below.

You promise that you will not use the Website to:

  • Transmit any Content

o    Not related to appropriate subject matters;
o    Which is misleading to others, including consumers;
o    That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
o    That you do not have a right to post and transmit under any law or under contractual relationships;
o    Such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
o    Materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the Website, you grant, and you represent and warrant that you have the right to grant, to the Provider an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Website, you grant the Provider all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.

The Provider is committed to maintaining the privacy and security of any and all such information that you provide to the Provider through the Website in accordance with its Privacy Policy.

 Applicable Law
This Terms and Conditions is governed by the laws of the State of Georgia, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Cumming, County of Forsyth in all disputes arising out of or relating to accessing or using of the Website. Access or use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Provider as a result of the Terms and Conditions or accessing or using the Website. The Provider’s performance under the Terms and Conditions is subject to existing laws and legal process, and nothing contained in the Terms and Conditions is in derogation of the Provider’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Website or information provided to or gathered by the Provider with respect to such use.

Interpretation of the Terms and Conditions
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and The Provider), the Terms and Conditions constitutes the entire agreement between you and the Provider with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Provider with respect to the Website. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not separately file the Terms entered into by each user of the Website. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

We are not a party to any transaction between the vacation rental owner and the renter.  Each vacation rental owner and the renter will transact their business in an independent manner. The Website only acts as a platform which enables the vacation rental owners to manage the rental process.

Safeguard Your Identity
You agree to keep your password and user ID secure and strictly confidential. Please notify us immediately and select a new user ID and password if you believe your password may have become known to an unauthorized person. If you fail to adequately safeguard such information, you are responsible for all transactions that the person performs while using your account.

We may without notice to you, suspend or cancel your listing at any time even without receiving notice from you, if we suspect, in our sole discretion, that your password is being used in an unauthorized or a fraudulent manner.

Links
We may at our sole discretion refuse to allow links to other web sites from listing pages.

Multiple Use of Property Listings
Each property listing can be used for only one property at a time. You may not alter a property listing or make it so generic enough that it could be used as a substitute for another property or a set of properties. We may without notice to you, suspend or cancel your listing at any time, if we suspect, in our sole discretion, that you are violating this agreement.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE WEBSITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, SERVICES AND/OR CONTENT. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification
YOU AGREE TO INDEMNIFY AND HOLD THE PROVIDER, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE PROVIDER AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS AND CONDITIONS.

Limitation of Liability
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITE, AND ALL OTHER USE OF THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Copyright
All materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or licensed by the Provider, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Website is permitted without the written permission of the Provider. Any rights not expressly granted herein are reserved.

If you are in breach of these Terms and Conditions or its obligations to us then we may immediately remove your listing from the Website without notice and without refund.

Please address any questions to: Support@TheVacationHub.com.