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Terms and Conditions of use for Home Xchange Vacation
Please read these terms and conditions before registering with Home Xchange Vacation.
By registering with this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. Home Xchange Vacation reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. If you do not agree with all of the terms of this Agreement, you may not access or use any part of this service.
Home Xchange Vacation's Services
Home Xchange Vacation is only responsible for publishing listings on Home Xchange Vacation. Home Xchange Vacation relies on the integrity and responsibility of the listing parties. Home Xchange Vacation does not verify the existence or content of any property and does not guarantee an exchange of any kind. Home Xchange Vacation is not responsible for the accuracy of the home listings or the actions of members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to through use of this service. Members and users of all Home Xchange Vacation services take sole responsibility for any and all agreements reached through use of this site.
Use of site is solely for home exchange between registered members
All content within this site, including information in each property exchange listing, is exclusively available to members of Home Xchange Vacation for the express purpose of arranging direct home exchanges between members. This site is a service of a private membership organisation, and information contained herein is private and not in the public domain. Members may not use any content from this site for any solicitations, or for any commercial use. Data mining of information from this site, and collecting or storing personal information about members, is prohibited. Members are restricted to making a maximum of 500 new exchange contacts by email in any one year. Any violation of this paragraph shall subject the violator to severe penalties.
Intellectual Property
This Home Xchange Vacation web site and all content contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and international law. All individual elements making up the site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site that was created by another to any other site, or reselling, distributing, or publishing that content in any way is prohibited. Any violation of this paragraph shall subject the violator to severe penalties.
Code of Conduct
I will accurately describe my home and exchange opportunity in all correspondence.
I will leave my house in a clean and sanitary condition for my exchange partners.
I will notify my exchange partner of any damage and offer to replace, repair or pay for same.
I will honour all obligations I make relative to the exchange. Cancelling or otherwise changing the dates of the exchange will only be under the most serious circumstances. Understanding that my exchange partner has made plans and reservations based on my commitment to the exchange, if I am forced to cancel or change the exchange, I will make every effort to otherwise accommodate or find accommodations for my exchange partner.
I will treat my exchange partner's home and belongings as I would treat my own, and expect them to do the same.
We reserve the right to cancel any membership for any reason, including misuse of the site, any action we feel compromises the security of the site, any action that adversely affects other members or their property, or any action we feel is detrimental to Home Xchange Vacation. Any photos you submit to Home Xchange Vacation may be used for promotional or other purposes by Home Xchange Vacation.
Conduct of Members
In connection with their use of this Web site and the exchange of homes, members may not provide false or misleading information to Home Xchange Vacation or its members. Members shall treat others with courtesy and respect. Members shall not use this web site to violate any applicable law. Members shall not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer. Members shall not post or send any content or engage in any conduct that subjects Home Xchange Vacation to any threat of civil or criminal penalties.
Disclaimer and Limitation of Liability
Use of the Home Xchange Vacation web site and any information obtained from that site is at your sole risk. Home Xchange Vacation makes no warranty of any kind, express or implied, as to the listings on the site or any other information contained on the site, including, but not limited to, accuracy and non-infringement. You agree that Home Xchange Vacation shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of the Home Xchange Vacation web site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any Home Xchange Vacation member or other person, and any damages to your property. Home Xchange Vacation shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Home Xchange Vacation by any other party.
Under no circumstances, including but not limited to negligence, shall HomeXchangeVacation.com, its suppliers and its third party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if HomeXchangeVacation.com has been advised specifically of the possibility of such damages, arising from use or inability to use the service or any links to items on the service or any provision of the terms of service.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Home Xchange Vacation be liable for any amount in excess of the membership fees paid by the member.
Indemnification
You agree to indemnify and hold harmless Home Xchange Vacation, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of the Home Xchange Vacation home listing service, including but not limited to
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any claims for injury or damage to person or property arising from a property you own;
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any claims for injury or damage to person or property arising from a property transaction to which you are a party;
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a violation of the Terms and Conditions of Use by you or anyone using your computer (or account, where applicable);
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a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any property right of any third party;
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any misrepresentation by you; or
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any breach of any agreement to be performed by you. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Right of Home Xchange Vacation to terminate
If any information provided by a member is found to be grossly misrepresented, or should the member's listing(s) or actions be in violation of any law or any provision of this agreement, Home Xchange Vacation reserves the right to remove, at its discretion, the members' listing(s) at any time, and/or to terminate the member's access to the web site, without refund. Home Xchange Vacation may also terminate any listing or membership at any time for any other reason or for no reason at all at Home Xchange Vacation's sole discretion, in which case the member will be entitled only to a pro rata refund of any fee paid.
Right of member to terminate
Members may terminate their Home Xchange Vacation listings or accounts at any time by contacting Customer Service. Refunds will not be given when members terminate their listings or accounts.
Right to assign
Home Xchange Vacation may assign its rights to this Agreement without the members' consent. If Home Xchange Vacation assigns its rights, is sold to another entity, or enters into an agreement with another company to share listings, Home Xchange Vacation or its successor will give notice to the member who may opt out by terminating his or her membership.
Entire Agreement
These terms and conditions of service constitute the entire agreement between you and Home Xchange Vacation, and supercede any and all prior agreements, whether oral or written, except as expressly provided. This Agreement may not be modified, supplemented, or changed, and no provision herein may be deemed waived, in whole or in part, except by a written instrument. If any provision of these Terms and Conditions of use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions shall remain in force. |
