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Welcome to VacationRenter.com. The VacationRenter.com website and any associated mobile and software applications on which these Terms of Service Agreement ("Terms") are posted (together, the "Website" or "Service") is comprised of various web pages operated by VacationRenter LLC ("VacationRenter," "us," "we," or "our"). The Website is offered to you conditioned on your acceptance without modification of these Terms. These Terms constitute a legally binding agreement between VacationRenter and you concerning your use of the Website. We encourage you to print these Terms or save them to your device or computer for reference.

Search Engine Platform

VacationRenter provides a search engine for locating and comparing vacation rental properties listed by third-party providers ("Provider(s)"). The Website also allows you to create an account to customize your experience and save information, such as your "favorite" listings.

We do not own, sell, or control the property deals listed on the Website. If you make a booking through our Website, your booking information will be collected on behalf of, and provided to, the Provider(s) responsible for booking and providing the property. All bookings, reservations, changes, cancellations, and refunds must go through the respective Provider and are governed by the terms and conditions and privacy policies of that Provider.

Dispute Resolution and Mandatory Arbitration

Customer Service. We encourage you to seek resolution of any "Claim" by first contacting us at the contact information below. "Claim(s)" means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, "Company Entities") related to or arising out of these Terms, the Privacy Policy, the Website, or our services. If we cannot reach an informal resolution, the arbitration provisions below will govern.

Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. This arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its "Streamlined Arbitration Rules and Procedures," and the arbitrator shall apply California laws. For more information, see www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or video conference, but the arbitration location shall be in San Francisco, California. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial consumer arbitration fee of $250 to JAMS; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee, without limiting any other remedy available to us. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.

Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IN AID OF ARBITRATION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN SAN FRANCISCO, CALIFORNIA. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN SAN FRANCISCO, CALIFORNIA.

Choice of Law. SUBJECT TO THE ABOVE, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN SAN FRANCISCO, CALIFORNIA AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

International Users. If you reside outside of the United States, the laws in the jurisdiction where you reside ("Jurisdiction") may provide for you to bring a Claim against us in the Jurisdiction under the Jurisdiction's laws. You still agree to only bring a Claim on an individual basis.

Privacy

Your use of the Website is subject to VacationRenter's Privacy Policy, which forms a part of these Terms. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

Third-Party Providers; Booking Changes, Refunds, and Cancellations; Potential Errors

VacationRenter provides a platform for third-party Provider listings. If you select and book a vacation property on the Website, your booking information will be collected for and transmitted to the respective Provider(s). For other listings, you may be redirected to the Provider's Website. We do not accept or process payments from users. If you make a booking through the Website, payment is collected for and will be processed under the respective Provider.

The respective Provider is responsible for your booking and customer service. We do not sell vacation rental bookings or handle changes, refunds, or cancellations. Questions or concerns about your booking, including to obtain a change or refund, should be directed to the Provider directly.

You agree to abide by the separate terms and policies of any respective Provider, including the party that makes the property available for booking and the place of accommodation. When you make a booking, Provider terms are referenced or linked during the booking process, including on the listing, checkout page, or confirmation email. Provider terms may include service, hotel, or cleaning fees as well as restrictions on booking accommodations, changes, refunds, or cancellations. You should review all terms prior to making a booking. We are not a party to your contract with a Provider.

VacationRenter makes no representation or warranty regarding any rental property or Provider. VacationRenter shall have no liability with respect to your booking, any third-party website, offer, or content, or any utilization of rental properties. The inclusion of third-party content on the Website or link or feature to save "favorite" listings does not imply endorsement or recommendation by VacationRenter of any Provider or third party.

We do not control Provider listings or Provider content or offers. While we will seek to fix any known errors on the Website, we are not responsible for any errors or interruptions on our Website, including errors in Provider listings or content. If there was an error, such as incorrect price, your booking may be cancelled or updated, even if your booking has already been confirmed.

Third-Party Travel Insurance

Third parties may offer and sell travel insurance for your booking. If you select this insurance, you are subject to their separate terms. VacationRenter does not offer, endorse, or sell travel insurance, even if listed on the Website, and it is not a party to your contract with any insurer. Questions or concerns about your insurance should be directed to the insurance provider directly.

Consent to Communications

Visiting the Website constitutes an electronic communication. By using the Website, you consent to receive electronic communications, including marketing emails and emails about your "favorite" listings and booked or cancelled travel; and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. You also agree to communications from us by phone and SMS/text message if they are transactional or if you consent to them. You may opt out of any of our communications by following the instructions provided in the communications or by contacting us.

If you make a booking through our Website, your booking is with the respective Provider, who may communicate with you about the booking or other offers. To opt out, you should contact the Provider.

Children

The Website is directed to users who are 18 or older and otherwise competent to enter into lawful contracts under applicable law. By using the Website, you agree that you are 18 years or older, competent to enter into contracts, and authorized to make bookings on behalf of any party or company subject to the booking. VacationRenter does not knowingly collect, either online or offline, personal information from persons under the age of 13.

No Unlawful or Prohibited Use; Intellectual Property

You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website subject to your strict compliance with these Terms. As a condition of your use of the Website, you warrant to VacationRenter that you will not use the Website for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of VacationRenter or its suppliers or licensors, or Providers and their users or licensors, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. VacationRenter content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Website content solely for your personal non-commercial use and will make no other use of the content without the express written permission of VacationRenter and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of VacationRenter or our licensors except as expressly authorized by these Terms.

Accounts

To use parts of the Website, including to save or access a favorite list of properties, you may be required to create a user account, such as by signing up/in via email, Google, or Facebook. Through your account, you may also link other users and comment on, vote on, and add to favorite lists of properties. You represent that all information provided in connection with your account is current, complete, and accurate. You are entirely responsible for activity under your account and maintaining the confidentiality of any account credentials, and you should immediately notify us of any unauthorized access. We will not be liable for anyone else using your account. If we believe that you have violated these Terms, we may refuse further access and suspend or terminate your account.

Restrictions

You are expressly restricted from all of the following:

• publishing any Website material (derived from the Website) in any media;
• selling, sublicensing, and/or otherwise commercializing any Website material;
• using the Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• providing false, misleading, or inaccurate information, or impersonating any person or entity, in using the Website, including in creating an account;
• creating an account or accessing parts of the Website without authorization to do so;
• attempting to probe, scan, or test the vulnerability of the Website, system, or network;
• attempting to modify, reverse-engineer, decompile, or disassemble any source code;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Website, or while using the Website; and
• using the Website to engage in any advertising or marketing except as expressly authorized by us prior to any such use.

International Users

The Website is controlled, operated, and administered by VacationRenter from our offices within the United States. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. You will be charged the currency that is displayed at checkout, but the credit card charge may fluctuate depending on the exchange rate.

Indemnification

You agree to indemnify, defend, and hold harmless VacationRenter, its owners, officers, managers, employees, and agents, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Website or our services, your account, your booking or utilization of properties listed on the Website, or your violation of any applicable laws, rules, or regulations or these Terms. VacationRenter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VacationRenter in asserting any available defenses; and you shall not settle any claims without our express written consent.

Liability Disclaimer

THE INFORMATION, SOFTWARE, CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VACATIONRENTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

VACATIONRENTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, ACCOUNTS, "FAVORITE" FEATURES, SERVICES, OFFERS, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, OFFERS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VACATIONRENTER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, OFFERS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VACATIONRENTER AND/OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, OR RELATING TO ANY PROVIDER OFFERS, WEBSITES, OR CONTENT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, ACCOUNTS, "FAVORITE" FEATURES, SERVICES, OFFERS, AND RELATED GRAPHICS 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 VACATIONRENTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

VacationRenter reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. If you breach these Terms or any applicable law, your rights under these Terms, including your right and limited license to use the Website, will immediately terminate without further notice to you. Without limiting any other provision of these Terms, the provisions relating to dispute resolution and mandatory arbitration, intellectual property, restrictions on unlawful and prohibited use, indemnification, miscellaneous terms, and liability disclaimers shall expressly survive termination of these Terms.

Changes to Terms

VacationRenter reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. VacationRenter encourages you to periodically review the Terms to stay informed of our updates. By using the Website, you agree to be bound by the applicable Terms. If you did not agree to new Terms, you will still be bound by the most recent version of the Terms that had your consent.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by emailing us with the following information in writing (see 17 U.S.C §512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Website where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You should consult with an attorney for any questions. If you believe we have removed your content in error, you may file a counter-notice under the DMCA. If you are a repeat infringer, we may take further action pursuant to a repeat infringer policy.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and VacationRenter as a result of these Terms or your use of the Website. VacationRenter's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits VacationRenter's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by VacationRenter with respect to such use. These Terms are severable, and if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, and the mandatory arbitration provision, set forth above, 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 these Terms shall continue in effect. Neither party will be liable for any force majeure event beyond its reasonable control, including an act of God, riot, war, terrorist act, pandemic, natural disaster, government order, strike, fire, or explosion. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and VacationRenter with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and VacationRenter with respect to the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Contact Us

VacationRenter welcomes your questions or comments regarding the Terms.

Please contact us at [email protected].