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Acceptable Use
Policy
This page
states both the Acceptable User Agreement (AUP) and Terms of Service
agreement, for which you may use the Findmybnb.com website and it's
services. Please read this page carefully. If you do not accept
the conditions stated here, do not use this web site and
it's services. By using this web site, you are indicating your acceptance to be
bound by these conditions. Findmybnb.com (herein after jointly
referred to as "Company" or "The Company") may revise these
conditions at any time by updating this page. You should visit this
page periodically to review the conditions, because they are binding on
you. The term "You" as used herein refers to all individuals and/or
entities accessing this web site for any reason.
The contents of this Web Site, such as
text, graphics, images, logos, button icons, software and other "Material",
are protected under both United States and foreign copyright, trademark and
other laws. All Material are the property of the Company or its content
suppliers or clients. The compilation (meaning the collection, arrangement
and assembly) of all content on this Web Site is the exclusive property of
the Company and protected by U.S. and international copyright laws.
Unauthorized use of the Material may violate copyright, trademark, and other
laws. You must retain all copyright, trademark, service-mark and other
proprietary notices contained in the original Material on any copy you make
of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose. The use of the Material on any
other web site or in a networked computer environment for any purpose is
prohibited. You shall not copy or adapt the HTML code that the Company
creates to generate its pages. It is also protected by the Company’s
copyright.
The Material may contain inaccuracies or
typographical errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the Web Site or the
Material. The use of the Web Site and the Material is at your own risk. We
encourage all users of this site to use either their internet browser(s) when
viewing this
site to limit the number of errors or issues that may exist with older
browsers and other browsing software. Changes are periodically made to the
Web Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEB
SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE
OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, NEITHER THE COMPANY NOR THE PARENT COMPANY IS RESPONSIBLE FOR THOSE
COSTS.
THE WEB SITE, MATERIAL, AND SERVICES ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR REFUNDS OF ANY KIND.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
The Web Site contains links to third party
web sites. These links are provided solely as a convenience to you and not
as an endorsement by the Company of the contents on such third-party Web
sites. The Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or
accuracy of materials on such third party Web sites. If you decide to
access linked third party Web sites, you do so at your own risk.
Terms of Service Agreement
By participating in Findmybnb.com's
Listing Services (as defined below), you are entering into a binding and
enforceable legal agreement with Findmybnb.com as set forth below. You
represent and warrant that you are authorized to enter into this agreement.
You understand that any website(s) you have listed with Findmybnb.com may
be viewed by consumers who access your site(s) through Findmybnb.com or
any licensed affiliate of Findmybnb.com. Please read these Terms and
Conditions carefully since, by participating in the Findmybnb.com's
listing services, you are signifying your assent to this agreement. As used
in this agreement, the terms "Client" and "You" mean you and the company or
entity which you represent.
LISTING
SERVICES - For purposes of this Agreement, Findmybnb.com's Listing Services is
whereby Clients wishing to advertise their web site, services or products,
pay for a listing to appear in the search results generated by Findmybnb.com and/or its affiliates. The placement
order of a
Client's listing within Findmybnb.com's search results is on a "first come
first serve" basis only. However, to further benefit it's
clients, Findmybnb.com
attempts to regularly update the
placement of listings based upon active members and the deletion of non-active members.
PAYMENT - The Client agrees to pay Findmybnb.com
the required advertising fee (in U.S. DOLLARS) or the amount disclosed in a
particular promotion. Client agrees that the
full amount of any such fees are non-refundable. In the event that Client has elected to pay Findmybnb.com by
credit card, Client agrees that Findmybnb.com or it's authorized payment
processor, may charge the Client's credit card the specific amount ordered.
The Client understands that their billing statement will show "Findmybnb.com"
as being the authorized merchant for any and all credit card payments to
Findmybnb.com. The Client represents that all payment information
provided to Findmybnb.com will be accurate and complete.
CANCELLATION - Client may
cancel this agreement, their membership, or any services provided by Findmybnb.com at any time, by
using the online cancellation request form located at:
www.findmybnb.com/cancel, or by giving thirty (30) days
written notice delivered to Findmybnb.com via email, fax or U.S.P.S. mail, provided that there is no outstanding balance with Findmybnb.com. Findmybnb.com will make every effort to
complete Client's request upon receipt of such notice. The
Client agrees that by canceling this agreement, it forfeits all fees paid
in advance.
DATA SECURITY STANDARDS -
Findmybnb.com is committed to industry standards for security, especially
for credit card information. Findmybnb.com implements encrypted technology
to comply with the VISA CISP and MasterCard SDP requirements for the credit
card information of our customers.
YOUR REPRESENTATIONS AND
WARRANTIES TO US - You represent that you
are the authorized owner or representative of the website(s) for which links
are requested and that such site(s) is not involved in any illegal activity,
hate activity (whether racial or otherwise), and does not contain any
libelous matter. You will not hold Findmybnb.com or its affiliates liable
or responsible for the activities of visitors who come to your site(s)
through a link provided from Findmybnb.com. You further represent that
your site is not unsuitable for Findmybnb.com. Unsuitable sites
include those that promote violence; promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age; promote
illegal activities; and violate or infringe upon the rights of any third
party, including intellectual property rights. Any site that is not related
to the content and/or services that Findmybnb.com promotes will also be
considered unsuitable. Findmybnb.com reserves the
right to reject or remove any website if it is deemed unsuitable for the
Findmybnb.com program.
YOUR INDEMNIFICATION
OBLIGATIONS - Client agrees to indemnify
and hold Findmybnb.com, its affiliates and their respective employees,
consultants and other agents harmless from and against any losses, costs,
damages or expense (including reasonable attorneys' fees) resulting from
claims or actions arising out of or in connection with Client's
participation in the affiliate program or services, Client's website content
or Client's breach of any agreement, representation or warranty hereunder,
including, without limitation, third party claims for infringement of
copyright or other intellectual property rights and violation of rights of
privacy and publicity. You agree that you are solely responsible for
defending any claim, and for payment of damages or losses resulting from the
foregoing to both a third party and to Findmybnb.com.
LIMITATION OF LIABILITY AND
WARRANTY DISCLAIMER - THE Findmybnb.com
WEB SITE, INCLUDING THE Findmybnb.com SEARCH ENGINE AND LISTING SERVICES,
IS AVAILABLE ON AN "AS IS" BASIS. Findmybnb.com MAKES NO WARRANTY OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS OF THE ANY SERVICE PROVIDED BY Findmybnb.com
FOR A PARTICULAR PURPOSE INCLUDING, WITHOUT LIMITATION, THE NUMBER OF
INQUIRES WHICH WILL BE DELIVERED AND THE SUCCESS OF YOUR LISTING.
Findmybnb.com, ITS EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL
NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING REASONABLE
ATTORNEY'S FEES) INCURRED BY CLIENT IN CONNECTION WITH Findmybnb.com OR
INCURRED BY CLIENT AS A RESULT OF ANY SERVICES PROVIDED BY Findmybnb.com
AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF ANY WEB
SITES OR PAGES, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA,
DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE,
DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEB SITES OR RECORDS, OR
OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. NOTWITHSTANDING THE FOREGOING,
SHOULD Findmybnb.com BE LIABLE FOR ANY REASON, CLIENT AGREES THAT IN NO
EVENT SHALL Findmybnb.com's LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO
Findmybnb.com BY CLIENT IN THE SIX MONTHS PRIOR TO ANY ALLEGED LOSS. IN NO
EVENT SHALL Findmybnb.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO
THIS AGREEMENT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT
Findmybnb.com HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Findmybnb.com
WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON
ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES, A
DELAY IN EDITING A LISTING, OR IF ITS SITE BECOMES INOPERABLE OR INCAPABLE
OF PERFORMING AS INTENDED. Findmybnb.com MAKES NO REPRESENTATIONS THAT
THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT
BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER
AGREE THAT YOU WILL NOT HOLD Findmybnb.com RESPONSIBLE FOR ANY ACTS,
ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE
Findmybnb.com, AND/OR SITES LINKED TO THROUGH THE Findmybnb.com WEB
SITE.
RIGHT TO REJECT - All URL links, photographs, and descriptions submitted by the Client are subject to Findmybnb.com's approval. Findmybnb.com reserves the right to reject,
cancel or remove any URL link, content, descriptions, and or photographs at any time for
any reason whatsoever and Findmybnb.com, its employees, consultants and
other agents shall have no liability for such decisions.
MISCELLANEOUS
- This agreement shall be governed by and construed in accordance with the
substantive laws of the State of Texas and jurisdiction and venue of all
matters relating to this agreement shall be vested exclusively in the
Southern District of Texas or Texas Supreme Court, County of Harris, and
you agree to the jurisdiction of such Courts. No waiver, modification or
addition to this agreement shall be valid. This agreement constitutes the
entire agreement between the parties relating to the participation in Findmybnb.com's listing services. This agreement supersedes all prior
and/contemporaneous agreements and Client has relied upon no
representations, oral or otherwise, not contained within this Agreement.
Findmybnb.com reserves the right to change the terms upon which it offers
its services to the public and may change this Agreement by posting such
changes. Client's continued participation following such changes shall be
deemed an assent to such changes.
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