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Terms of Use

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These Terms of Use govern your access to and use of the VacationCluster.com website (the "Site"). Your access to and use of the Site are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Site that you may access, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of information, products or services from this Site. For purposes of these Terms of Use, all references to "VacationCluster.com" include Avista Technologies, LLC. and its affiliates and subsidiaries.

Modification of the Site or Terms of Use

You acknowledge and agree that VacationCluster.com reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered and the services, features, links, content, information and any other materials offered via the Site at any time and from time to time without notice or further obligation to you. By continuing to access or use the Site after VacationCluster.com makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.

Registration and Passwords

If you open an account, register or provide certain information via the Site, you agree to complete the account initiation, registration or other process by providing VacationCluster.com with current, complete and accurate information as requested by any forms. You are responsible for safeguarding any password that you use to access any areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify VacationCluster.com of any unauthorized use of your password.

VacationCluster.com Property

All right, title and interest in and to all content, text, images and other materials on the Site are either owned or licensed by us or by a third party, and are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use content, text, images and other materials on the Site. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via the Site. You may not copy or modify the HTML code used to generate web pages on the Site.

All trademarks, service marks and trade names that appear on the Site are proprietary to VacationCluster.com, its affiliates or other respective owners. You may not display or reproduce these trademarks, service marks or trade names other than with the prior written consent of VacationCluster.com, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.

Your Use of the Content

VacationCluster.com authorizes you to view, copy, download and print a single copy of any content available on the Site, provided that:

  • If you are a potential or actual renter, the content is used solely for personal, non-commercial purposes and, if you are a property owner/manager, the content is used only for the purposes of using the services expressly offered by VacationCluster.com (subject to the restrictions set forth in our Advertising Policy);
  • The content is not modified or redistributed;
  • All copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such content, in each case, subject to the restrictions set forth in these Terms of Use.

Except for this permitted use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Site. The content available through the Site is the sole property of VacationCluster.com or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to VacationCluster.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and any related activities. In addition, you warrant that you will not use the Site in any way prohibited by these terms, conditions and notices. If you violate any of these Terms of Use, your permission to use the Site will automatically terminate. VacationCluster.com reserves the right to revoke your access to and use of the Site at any time, with or without cause.

General Prohibitions

You agree not to do any of the following while using the Site:

  • Post, publish or transmit any text, graphics or material that:
  • is false or misleading;
  • is defamatory;
  • invades anothers privacy;
  • is obscene, pornographic or offensive;
  • promotes bigotry, racism, hatred or harm against any individual or group;
  • infringes another's rights, including any intellectual property rights; or
  • violates, or encourages any conduct that would violate, any applicable law or regulation, including Fair Housing laws and regulations, or could give rise to civil or criminal liability;
  • Access, tamper with or use non-public areas of the Site, VacationCluster.com's computer systems, or the technical delivery systems of VacationCluster.com's providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Site, for purposes other than those permitted by these Terms of Use, with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by VacationCluster.com or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
  • Send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity.

VacationCluster.com will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. VacationCluster.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that VacationCluster.com has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that VacationCluster.com is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by VacationCluster.com thereof or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

Use of the Site at Your Own Risk

Your access to and use of the Site is at your own risk. VacationCluster.com will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site.

The Site is Available 'AS-IS'

ALL CONTENT PROVIDED ON THE SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE, MAY BE USED FOR INFORMATIONAL OR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN VACATIONCLUSTER.COM AND YOU, EXCEPT FOR THESE TERMS OF USE AND THE VACATIONCLUSTER.COM PRIVACY POLICY. WITHOUT LIMITING THE FOREGOING, THE SITE IS PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VACATIONCLUSTER.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. VACATIONCLUSTER.COM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. VACATIONCLUSTER.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VACATIONCLUSTER.COM OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold harmless VacationCluster.com, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VACATIONCLUSTER.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VACATIONCLUSTER.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT VACATIONCLUSTER.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, VACATIONCLUSTER.COM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF VACATIONCLUSTER.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO VACATIONCLUSTER.COM FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VACATIONCLUSTER.COM AND YOU.

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of VacationCluster.com to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These Terms of Use and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Orange County, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Export Laws

You acknowledge that the software and any accompanying documentation and/or technical information associated with the Site is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

Entire Agreement

These Terms of Use, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between VacationCluster.com and you regarding the Site, and supersede and replace any prior agreements between VacationCluster.com and you regarding the Site.

If you have any questions about these Terms of Use, please contact VacationCluster.com via email to: support@vacationcluster.com