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General Terms of Business
Florida West Coast Exclusive Rental may deny
access to the Services to anyone at any time, in its sole
discretion. The Services are not available to minors.
You grant Florida West Coast Exclusive Rental a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicense able
(through multiple tiers) right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, perform and
display the information owners, brokers and owners’ representatives
submit regarding vacation properties and to incorporate it in other
works in any other form, media or technology now known or later
developed. As a condition of your use of the Florida West Coast
Exclusive Rental web site, you warrant to Florida West Coast
Exclusive Rental, that you will not use this web site for any
purpose that is unlawful or prohibited by the terms, conditions, and
notices stated in this Agreement. If you violate any of these terms,
your permission to use our web site automatically terminates. Our
web site is available to you only upon the condition that you accept
the terms, conditions and notices stated in this Agreement. By using
this web site, you agree to be bound by this Agreement. Florida West
Coast Exclusive Rental permits users to post information on the
Florida West Coast Exclusive Rental web site related to vacation
property rentals. Florida West Coast Exclusive Rental may take any
action with respect to such information that it deems necessary or
appropriate if Florida West Coast Exclusive Rental, in its sole
discretion, believes information contained in such Profile may
create liability or may affect Florida West Coast Exclusive Rental's
relationship with its internet service providers or its users.
You may access, download and print materials on our web site for
your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, frame in another Web page, use on any
other web site, transfer or sell any information, software, lists of
users, databases or other lists, or services obtained from our web
site. The foregoing prohibition expressly includes, but is not
limited to, the practices of "screen scraping" or "database
scraping" to obtain lists of users or other information. If and when
we request, you agree to provide true, accurate and complete user
information and to refrain from impersonating or falsely
representing yourself. You agree to refrain from accessing or
attempting to access password protected, secure or non-public areas
of our web site. Unauthorized individuals attempting to access
prohibited areas of our web site may be subject to criminal
prosecution. You further agree that you shall not: post false or
inaccurate information or information which is not your own; alter
any material posted by any other person or entity; interfere or
attempt to interfere with the proper working of the web site; take
any action which imposes an unreasonable or disproportionately large
load on the web site; or disclose your password to any third
parties.
You represent and
warrant that information you submit to Florida West Coast Exclusive
Rental shall not violate any copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or
privacy, violate any law (including without limitation those
governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), be defamatory, libelous,
abusive, hateful, unlawfully threatening or unlawfully harassing, be
obscene, sexually explicit or contain offensive language, contain
any viruses or other computer programming routines that are intended
to damage, interfere with, intercept or expropriate any system, data
or personal information; or link directly or indirectly to or
include descriptions of goods or services that are not permitted by
Florida West Coast Exclusive Rental.
While we update our web site regularly and work to keep all
information on it complete and accurate, we cannot guarantee, and
will not be responsible for any damage or loss related to, the
accuracy, completeness or timeliness of such information. We assume
no responsibility for any consequence relating directly or
indirectly to any action or inaction that you take based on the
information, services or other material provided on our web site.
You use our web site at your own risk. If your use of our web site
results in the need for servicing or replacing property, material,
equipment or data, Florida West Coast Exclusive Rental shall not be
responsible, for those costs.
THE INFORMATION, SERVICES AND SOFTWARE ON OUR WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN OUR WEB SITE AT ANY TIME! ALL INFORMATION AND
SERVICES AVAILABLE ON AND THROUGH OUR WEB SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL WE, ANY OF OUR
AFFILIATES OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF OUR WEB SITE OR WITH THE DELAY OR
INABILITY TO USE OUR WEB SITE, OR FOR ANY INFORMATION AND SERVICES
OBTAINED THROUGH OUR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF OUR WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE 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 LIMITATION MAY NOT APPLY TO YOU.
Vacation property owners and their brokers and representatives, as
well as consumers, may post various information on this web site,
and we do not verify any of such information. Such information may
be offensive, harmful or inaccurate, and in some cases may be
misleading and/or deceptive. We make no representations about the
accuracy, reliability, completeness, or timeliness of our web site.
Your use of our web site is at your own risk, and you should use
caution when using it.
You assume all risks associated with dealing with persons and
entities whose identities you have obtained on this web site,
including but not limited to, the risks of bodily injury, and of
dangers in dealing with unknown persons, foreign nationals, underage
persons or people acting under false pretense. It is your
responsibility to take appropriate precautions so as to avoid fraud
and any other harm.
You agree to indemnify, defend and hold harmless Florida West Coast
Exclusive Rental, our affiliates and our suppliers from any
liability, loss, claim and expense (including attorneys' reasonable
fees) related to your violation of this Agreement.
Our web site may contain links to web sites operated by parties
other than Florida West Coast Exclusive Rental does not control such
web sites, and is not responsible for their contents. The presence
of such links does not imply any endorsement of the material on such
web sites, and your access and use of such sites shall be solely at
your own risk. Furthermore, because the privacy policy stated below
is applicable only when you are on our web site, once linked to
another web site, you should read that site’s privacy policy before
disclosing any personal information.
We may make improvements or changes in the information and services,
and other materials on our web site, or terminate our web site, at
any time without notice. We may modify this Agreement at any time,
and such modifications shall be effective immediately upon posting
the modified Agreement. Accordingly, you agree to review the
Agreement periodically, and your continued access or use of our web
site shall be deemed your acceptance of the modified Agreement.
Failure by Florida West Coast Exclusive Rental or its affiliates to
insist upon strict enforcement of any provision of this Agreement
shall not be construed as a waiver of any provision or right. By
using or continuing to use Florida West Coast Exclusive Rental
services, you agree to the terms and conditions of this disclaimer.
Privacy Policy Florida West Coast
Exclusive Rental is committed to providing you a private, secure web
site while offering optimal on-line vacation rental services. This
statement explains our privacy policy. Any changes in our policy
will be updated here from time to time, so please check here
frequently.
In our endeavor to provide you with the best on-line vacation rental
experience, we use information provided by you as follows:
IP Address
Your Internet Protocol address and other site usage data is used to
gather broad demographic information. This data helps us serve you
by allowing us to administer our web site and to understand how
visitors use our web site.
Advertisement
Part of our business is advertising on our web site by other
companies. These ads may use cookies. We do not have access to any
information obtained by such cookies.
Registration
Our Membership Application requires users to give us various
information that enables us to serve you. Your contact information
may be used to contact you when necessary for administrative
purposes related to your transactions with us. We use your email as
a unique identifier in our record system, to send you information
and promotional offerings that you ask to receive or to tell you
about changes to our web site. Demographic information and site
usage data is also collected on our sites. We use this data to
tailor your experience, allowing us to provide content related to
your preferences and information on products or services we think
you may be interested in. You may opt-out of receiving information
by contacting us as described below.
Your Security
In order to protect your personal information we have implemented
the following policies. When we transmit your data, we use only
secure servers using encryption technology to encode your data
safely. The personal data we do store on our system is protected by
firewall. Our network firewall is a combination of hardware and
software designed to keep unauthorized users from accessing our
network.
LIMITATION OF LIABILITY. FLORIDA WEST
COAST EXCLUSIVE RENTAL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE
LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA,
TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL
FLORIDA WEST COAST EXCLUSIVE RENTAL BE LIABLE FOR ANY INJURY, LOSS,
CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND
HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE
USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR
RESERVATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY
FLORIDA WEST COAST EXCLUSIVE RENTAL, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
Outside Links
Our web site provides links to other web sites. You should consider
that such other sites operate according to their own privacy
practices, and we have no control of how they utilize information
they obtain from you.
GOVERNING
LAW.FAMILY: This Agreement and its performance shall be governed by
the laws of the State of Florida United States of America, without
regard to its conflict of laws provisions. You consent and submit to
the exclusive jurisdiction of the state and federal courts located
in Broward County, the State of Florida, United States of
America, in all questions and controversies arising out of your use
of this site and this Agreement. To the extent allowed by applicable
law, any claim or cause of action arising from or relating to your
access or use of this site must be brought within two (2) years from
the date on which such claim or action arose or accrued.
ATTORNEY'S FEES If FLORIDA WEST COAST
EXCLUSIVE Rental takes any action to enforce this User Agreement,
such parties will be entitled to recover from you, and you agree to
pay, all reasonable and necessary attorney's fees and any cost of
litigation, in addition to any other relief, at law or in equity, to
which such parties may be entitled.
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