Terms of Use
The Vakay, LLC (“We,” “Us,” “Our” or “The Vakay”) is a vacation home rental Website focused on promoting available property rentals and connecting renting-owners with prospective vacation renters. Vacationers may also use our platform to locate and view properties for rent in the USA, and around the globe! Owners may appoint an agent, manager, broker to facilitate the rentals of such properties.
The Vakay, LLC will make accessible specific information pertaining to each rental property, enabling vacationers to peruse rental Listings. Information provided by owners should include: a heading or title for their property, photographs, the address, amenities of the property, attractions on or near the property, a description of the property, a calendar showing the rental availability of each property, rental fees, and each owners’ contact information, including their respective: name, address, telephone, listing number, and email address. We will acquire names and addresses of prospective renters or travelers, in addition to: dates of proposed rental, their contact email address, the dates of travel, and number of travelers. If the property owner selects the plan that does not offer instant booking by The Vakay, the owner or Vacation Home Owner (“VHO”), at their own volition and expense, will contact the traveler and secure the bookings of rentals. Booking confirmations should be provided directly by the owner to the booking traveler.
Fees regarding specific owner-renter transactions, including but not limited to, rent, taxes, cleaning fees, and utilities are to be collected by the owner and paid directly by the traveler. The Vakay will not pay any taxes on the VHO’s behalf. Property and rental taxes, including but not limited to VAT and use taxes will be the sole responsibility of the VHO.
Under the plans with instant booking through The Vakay; The Vakay will collect fees on behalf of the property owner for the membership plans that have instant booking. 50% of the rental fees are due at time of booking and the other 50% is due 30 - 45 days prior to occupancy. The fees will be released upon occupancy to the property owner minus The Vakay fees.
The Vakay will not collect any service fee on behalf of the traveler, nor any booking fee, or reservation fee. The Owner may elect that The Vakay assign an individual and fully franchised broker approved by The Vakay and owner to facilitate rentals by promoting and advertising the property. Rental fees generated through the Website will be paid directly to each listing-owner for each Listing under their direct control. The Vakay remains entitled to collect fees directly from Owner Users, and to or from any other party deemed appropriate by Us, for the listing on the Website, and for any brokerage fees.
We, The Vakay, on behalf of the VHO, at times may require and/or utilize advertising assistance from Google, Yahoo, Bing, and/or other third-party search engine (hereafter, “SEO”) for the advertisement and collection of information and data concerning certain use-based statistics and other information. Information gathered by cookies and/or maps may also provide us with information such as: IP addresses, phone number(s), and/or other information regarding rentals or Users.
Third-party information, personal data, and payment information is required by this Website. The Vakay will not release the aforementioned information without User consent, and will, to the best of its ability, keep such information confidential. However, it is recognized by The Vakay and VHOs, and all Users, that such information can, and may be, hacked or subject to phishing attempts by unscrupulous sources, not under the control of The Vakay. The Vakay disclaims all liability, to the extent permitted by law, for any and all damages caused and/or suffered by such unscrupulous sources or individuals.
The purpose of exchange of personal information by The Vakay and owners is to facilitate services of the site and to support Users, owners and travelers in bringing together owners and travelers. We also provide booking services in conjunction with the ability to contact owners or managers regarding modifications of services or specific advertising. Personal Information may be required to be provided by the owner to us and/or by The Vakay for use on SEOs, Social media, or other third-party advertising platforms such as Facebook, Instagram, LinkedIn, Pinterest, Twitter, or YouTube.
The Vakay L.L.C., developed the TheVakay.Com (the "Website" or the "Site") to assist users and members with the scheduling and rentals of vacation properties. To assist Users in utilizing and/or navigating the Website, and to foster the comprehension thereof, We created (I) these Terms of Use (the "Terms") and (ii) a Privacy Policy.
Our Privacy Policy clarifies how we use and treat the information you provide to us via your use of the Site, and our Terms oversee your utilization of the Website. Our Terms and Privacy Policy apply to any party, guest, or member using the Website (hereafter, "you"), including (I) guests using the Website who do not take an interest in the services offered ("Site Visitors"), and (ii) people who enlist to take part in the Services as either explorers who wish to discover and hold rental facilities ("Renter Users"), or (b) property owners or approved property managers wishing to advertise rental properties ("Owner Users") (Renter Users and Owner Users are all in all alluded to as "Enrolled Users"). The expressions "The Vakay" "we" and "us" allude to The Vakay LLC.
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY CLICKING "I ACCEPT" DISPLAYED AS A PART OF THE REGISTRATION PROCESS OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
01. YOUR AGREEMENT
These Terms administer:
• Your utilization of the Website;
• Your cooperation in The Vakay’s administrations offered through the Website (our "Administrations"),
• Your arrangement of photos, audits, recordings, remarks, content, pictures and any and all other data regarding utilizing the Website ("User Content"); and
• Your utilization of data acquired through the Website, including (a) data, programming, fine art, content, video, sound, pictures, content, trademarks, exchange dress, and other protected innovation possessed by The Vakay or its licensors and made accessible to you through the Website ("The Vakay Content").
• The member hereby grants permission to TheVakay to utilize their photographs of their listings and physical structures for promotional purposes. The use of the members first name and the first letter of the last name is also permitted to be utilized for promotional purposes, marketing and social media platforms.
These Terms provide both you as a User and/or member and on The Vakay with legally binding and enforceable rights, establishing a legally binding relationship. By accessing the Website, you represent that you have read and comprehend these Terms, and consent to be lawfully bound to them without reservation. While Users may visit the Website and audit a scope of services offered without enlisting as a member or Registered User, to take an interest in the Services we ask that you sign up as a member or Registered User. Should you wish to become a member or Registered User, amid the enlistment procedure for your client name and secret key (and every once in a while, as we may require) you will be asked to click/check an "I Accept" box, further affirming your consent to be legitimately bound by these Terms.
02. SERVICES OVERVIEW
The Website enables Owner Users to post information regarding their properties which are available for rent, including data identifying the Property’s location, the permissible number of tenants and/or occupants which may use or rent the property, the accessibility of the Property, as well as other data (e.g., pet use, smoking policies, transportation, and/or nearby attractions). Tenant Users can use the Website to find and save rental lodging listings, and to reserve listings with Owner Users (a "Booking"). Owner Users may opt to receive either an instant message when a Renter User submits a request or Booking.
03. THE VAKAY IS NOT A PARTY TO ANY RENTAL AGREEMENT
The Vakay does not claim or oversee, nor would we be able to contract for, any dwelling or property recorded on the Website. The Website permits Owner Users, The Vakay Brokers, and/or subsidiaries to promote their rental properties. While we may offer internet booking or different instruments to encourage Bookings, and to enable Registered Users to communicate with one another, we are not involved with any rental or other agreement between Registered Users, or any other parties.
The Vakay is not in charge of and expects no commitment to audit any rental agreements. Any piece of a real or potential exchange between a Renter User and Owner User, including the quality, condition, security or legitimacy of the properties publicized, and/or reality or exactness of the Listings Users to rent, or the capacity of Renter Users to contract for the rental of each and any Property is exclusively the duty of each Registered User. The Vakay disclaims any and all liability for misrepresentations, and or fraud perpetrated by any User or other party on the Website to the maximum extent permitted by law.
Owner Users recognize and concur that The Vakay is not your contracting or rental specialist. The Owner User concurs that The Vakay is not a traditional rental specialist, and is in no way obligated or expected to provide investment assistance. The Vakay HAS NO CONTROL OVER THE CONDUCT OF REGISTERED OR OTHER USERS OF THE WEBSITE AND/OR SERVICES, OR ANY LISTING, BOOKING, OR RENTAL AGREEMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Both the property owner and traveler shall honor the Short Term Rental Agreement.
04. OBTAINING & USING YOUR PASSWORD.
04.1 REGISTERED USER ACTING IN A REPRESENTATIVE CAPACITY
The Registered User(s) and their agents consent to these Terms, and to monitor their organization from time to time in supervision of the terms of use and Privacy Policy. In the event that you are consenting to our Terms of Use and Privacy Policy for the benefit of an organization or other legitimate substance ("Your Organization"), at that point (I) you speak to and warrant that you have specialists to monitor and Your Organization and (ii) for all reasons in these Terms and the Privacy Policy, the expression "you" signifies Your Organization, on whose behalf you are acting.
04.2 PROTECTING YOUR PASSWORD
We may make certain areas of the Website available solely to clients or Registered Users who have a secret phrase or password. Registered Users and/or clients will keep their password and login information secure and private. Know that we will treat any individual utilizing your client name and/or secret key as "you." We will furnish this client with the rights and benefits that we provide you, and will consider you in charge of the exercises of an individual utilizing your secret word or phrase, without limitation. We require that you retain your client name and secret key in secrecy, and that you not share this data with any individual or group. We further require that you immediately notify us when you believe someone other than you is using your secret phrase, password, or client name login to access the Website.
06. YOUR CONSENT TO OUR PRIVACY PRACTICES.
Our Privacy Policy clarifies how we treat data you opt to share with us via your use of the Website.
06.1 GRANT OF RIGHTS TO REGISTERED USERS.
Subject to Your agreement to these Terms, you are allowed a restricted, non-elite, non-transferable, overall appropriate to get to, execute, show, perform, and generally utilize the Website exclusively for Your own motivations, or that of Your Organization's inner business purposes, GIVEN THAT YOU WILL NOT: (I) permit, sublicense, move, exchange, circulate or generally industrially misuse the Website, and/or allow any outsider to; (ii) alter or make subsidiary works dependent on The Website, or its User Content; or (iii) figure out, rearrange, turn around arrange, or access the Website so as to construct or misuse the Website Administration(s).
Registered Users may transfer data associated with a particular property regarding a Listing. The Owner may access certain areas of the Website exclusively for services(s) as noted in these Terms. Registered User(s) will not adjust, duplicate, or disperse The Vakay’s Information, and/or its content or services.
06.2 DURATION OF RIGHTS
You will retain Your rights under Section 6.1 for so long as you remain a Registered User, except if Your secret key is renounced, revoked, or suspended for any offense set out in Section 13, or are suspended for reasons other than those set out in Section 13, based on reasons deemed appropriate by Us.
07. OWNERSHIP RESERVATION OF RIGHTS.
The data, programming, fine art, content, video, sound, pictures, trademarks, exchange dress, and other licensed innovation epitomized on the Website and The Vakay Content, are the exclusive property of The Vakay and its licensors, and are ensured and protected by U.S. also, global trademark and copyright innovation protection laws, or are utilized under the standards of reasonable use. The Vakay and its licensors hold all rights as for the Website, Services, and The Vakay Content with the exception of those explicitly allowed to you in these Terms. You concur not to copy, distribute, show, convey, change, use, or make subsidiary works from the material displayed through the Website or potentially through the Services except if explicitly approved in writing by The Vakay.
08. REGISTERED USER GRANT OF RIGHTS.
8.1 GRANT OF RIGHTS IN USER CONTENT.
By submitting User Content for interest in the Services and utilization of The Vakay Website, transferring documents, or anything else (if such highlights become accessible to you), you give The Vakay and the Website privilege to utilize, duplicate, reformat, list, adjust, show, and appropriate your User Content, without limitation. User Content provided by you to the Website is considered non-confidential and non-proprietary. By making such provision(s), you grant Us, our affiliates, Representatives, and other third parties who we deem appropriate, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose any such material(s) for any purpose. YOU WAIVE AND HOLD HARMLESS THE VAKAY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES. You further comprehend that you, and you alone, are solely responsible for any User Content you opt to provide to Us, including such User Contents’ reliability, legality, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User contribution by you, or any other User, posted on the Website.
8.2 YOUR GRANT OF RIGHTS TO OTHER REGISTERED USERS FOR NONCOMMERCIAL PURPOSES.
By posting User Content, you are likewise conceding to other Registered Users ("User Licensees") a sovereignty free, non-selective, overall permit, under your protected innovation rights, to access and share your User Content. All User Licensees must abide by and conform their conduct to comply with each of the following conditions and/or restrictions:
• (i) the User Content will not be utilized for business purposes, unless permitted in writing by The Vakay,
• (ii) no User Content will be reposted outside of The Vakay’s Website,
• (iii) by no means will a Registered User practice these rights as for your User Content by adjusting or changing the User Content without your express authorization. No remuneration will be paid as for Registered Users' utilization of your User Content.
8.3 REGISTERED USER COMMENTS/FEEDBACK.
Our Website may enable Registered Users to give remarks or criticism with respect to Properties Listed, in addition to our Website and Services. By giving remarks and/or input, you give us the privilege to utilize your remarks and criticism for the motivations behind enhancing the Website and our Services, as well as for any other purpose we see fit.
8.4 RIGHTS/PERMISSIONS YOU MUST HAVE IN YOUR SUBMITTED CONTENT; ADDITIONAL REQUIREMENTS FOR USER CONTENT.
In submitting User Content and posting Listings, you warrant that (I) you have adequate expertise and all necessary rights required to post such Content, and give the utilization rights conceded in this Section and that your Listing and any Booking shall not encroach upon, damage or generally cause conflict with any outsider rights; (ii) by posting the Listing and finishing any Bookings for a registered Property, you have not broken and will not be in breach of any agreement you went into with any third party; (iii) the Listings you post will be consistent with each relevant or applicable state(s) and federal law of these United States; and (iv) and that either (a) no approval by the people portrayed in your User Content is required, or (b) every individual delineated in pictures, recordings or otherwise recognizable in your User Content (assuming any) furnished you with approval ("Photo Subject Consent") to utilize the User Content, and their likeness, on the Website as put forward in these Terms.
We request and require you to acquire Photo Subject Consent on the grounds that, as the designer of the User Content, you are best suited to recognize the subjects of your User Content. Further, Photo Subject Consent is essential. The volume of Content and User Content posted on the Website, make it increasingly attainable for the individual Users to get any necessary essential Photo Subject Consents.
Photos and recordings in your User Content (or connected to, with, or in your Listing/User Content) should concentrate on the Property and ought to exclude any people from whom you have not obtained Photo Subject Consent. Photos and recordings in your User Content/Listings ought not show any trademarks (or generally damage the protected innovation rights) possessed by outsiders, or any party generally, unless you have already obtained the assent of the proprietor of the trademark/copyright. Users recognize and concur that any audits, remarks, or other data you may provide to Us through the Website will be your unique Content or generally retain the authorization of the designer of the Content.
8.5 RIGHT TO DECLINE SUBMITTED CONTENT.
We explicitly claim all authority to decline to utilize (or to handicap) any User Content, in our sole discretion, which does or may violate or abuse these Terms or our Privacy Policy, or is contradictory with the motivations behind the Website, or these Terms.
8.6 THE VAKAY ASSISTANCE WITH THIRD PARTY CLAIMS.
To the degree that The Vakay is made aware of a Third-Party Claim, either by you or through a Photo Subject Take Down Request, to help you in settling the Third-Party Claim, we will take down the User Content at issue. We cannot guarantee that such take downs will resolve Third Party Claims or disputes. In the event that Third Party Claims are conveyed against The Vakay, identified with your User Content, transferred, or posted on the Website by you, you consent to reimburse The Vakay in accordance with the terms set out in Section 18 of these Terms.
09. REGISTERED USER RESPONSIBILITIES: PROPERTIES, LISTINGS AND BOOKINGS.
• You must be at least 18 years of age, or older, to utilize the Website, or to take an interest in the Services offered. By accessing or utilizing the Website, or by enrolling to take an interest in its Services, you warrant that you are no less than 18 years of age.
• All Registered Users are in charge of their own compliance with every applicable law and/or regulation. Without constraining this commitment, Registered Users should just utilize the Personally Identifiable Information of other Registered Users provided by those Registered Users and acquired by means of the Website, regarding the Services, in consistence with the CAN-SPAM Act and the Telephone Consumer Protection Act.
• We expect and require that Registered Users will provide exact data. While we may selectively opt to confirm the character of any Registered User, we have no commitment to make such confirmations generally, and accept no commitment to do so.
• Renter Users may have the ability to finish Bookings for rental of the Properties posted by Owner Users on the Website. Owner Users recognize and concur that by posting a Listing on the Website, Owner Users are bound by the terms of the Listing. Further, Owner Users will not increase the price of their listing(s) once a Posting to the Website is complete, or otherwise change the cost of the Listing in the wake of accepting a demand from a Renter User to finish a Booking.
• The Vakay is neither capable nor responsible for getting protection, and/or for maintaining, security, cleanliness, tidiness or other state of the Property, nor is The Vakay mindful or obligated to confirm the accuracy of any data or statements contained in any Listing, or on the Website generally. Owner Users recognize and concur that the Properties Owner Users post in Listings are accurately and described. Further Users understand and concur that property Listings are your sole obligation, and Registered Users are exclusively in charge of securing their own protection inclusion(s).
10. LISTING FEES.
• The Vakay charges a posting Membership Fee, expensed to Owner Users ("Membership Fee") for transferring and programming their properties onto The Vakay’s platform. More information about when Membership Fees apply, and how they are determined can be found on our Membership Fee page.
• Owner Users are responsible for paying any Membership Fees owed to The Vakay. Membership Fees are paid annually in twelve-month installments. If a property posting is transferred, or ownership becomes transferred or deactivated prior to expiration, no remaining prorated or other fees will be reimbursed to any Owner User. Any property that is in default of a Membership Fee(s) will be deactivated after thirty (30) days in the rear and be reinstituted upon payment of such Membership Fee, and reactivated within twenty-four (24) to seventy-two (72) hours of receipt of payment. Membership Fees are non-refundable.
11. PAYMENTS AND PAYMENT SERVICES
The arrangement of installments for Membership Fees due and utilization of our Payment Services, and all of our services generally, are represented by our Payment Terms.
12. MEMBERSHIP FEE PAYMENT; AUTOMATIC RENEWAL OF LISTING PAYMENTS
• Each Owner Membership lasts one (1) year, encompassing twelve (12) consecutive months. Each term will begin on the date that the posting is made and paid for and lapses one year from that point. For example, for a yearly posting term, an Owner submits a Listing on July first of 2020, and the Listing is paid for on the same date, that Listing would lapse July first of 2021. If a Listing is renewed or recharged, that posting will remain displayed on the Website for the new one-year time frame without discount.
• Should you opt to disable auto-restoration, and continue utilizing our posting administration, you re-confirm and approve us to charge your type of installment toward the finish of each posting term for an extra term twelve (12) months. Should you not renew your membership, and the membership expires, your Listing will be removed from the Website, unless and until you renew your membership and make good on any and all associated Membership Fee(s).
• On the off chance that the Listing and Ownership Administration that you last obtained has changed in any way or is not again offered, you approve us to charge your type of installment at the reestablishment of your posting term for an item or administration that is the most comparable, as controlled and determined solely by us.
13. CANCELLATIONS AND REFUNDS.
14. PHOTO SUBJECT TAKE DOWN REQUESTS.
Similar to other Linked Sites, The Vakay does not support any User Content submitted to the Site by any User, or any survey, feeling, suggestion, or counsel communicated in that, and The Vakay, along with TheVakay.com, and all other licensee and affiliates hereby explicitly renounce all risk regarding Registered User Content, along with any other type of User Content. Because of the nature of User Content, photos, videos, or other depictions of non-consenting individuals may appear in User Content. Outsiders believing they are or could be injured by User Content transferred or posted on The Vakay Website ("Photo Subject Requesters") may reach us (Section 27) and demand that the specific User Content be removed from the Website ("Take Down Request"). Take Down Requests must provide us with data, allowing us to pinpoint the specific item of User Content at issue for The Vakay to distinguish the User Content, including (I) the URL(s) where the User Content is posted, (ii) the client name and/or username of the Registered User who posted the User Content, and (iii) the name or title of the User Content, should one exist. The Vakay will address sensible Take Down Requests with promptness, and in its sole caution. TAKE DOWN OF USER CONTENT IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS. THE VAKAY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY USER CONTENT WHICH IS VIOLATIVE OF ANY INDIVIDUAL'S PRIVACY, OR WHICH WRONGLY DISPLAYS ANY INDIVIDUAL'S IMAGE, WITHOUT THEIR KNOWLEDGE AND/OR CONSENT.
15. USER CONDUCT; USER DISPUTES.
The Vakay is not responsible and does not remain liable for any Listing, User Content, or statements displayed on its platform. You, and you alone, whether you are a member, User, or Owner User, are exclusively responsible for the User Content you choose to submit, share, send, direct, or communicate in any fashion to other Registered Users, or Registered Travelers, whether electronically, by email, mail, telephone, text, instant message, facsimile, or other method of communication. We have no commitment or responsibility to resolve or quell debates or disputes between or among Registered Users, or any others, wrongfully making statements On the Website, or otherwise violating the laws of these United States, other nation(s), or these Terms. You hold harmless, and discharge The Vakay (and our officers, chiefs, operators, representatives, affiliates, licensees, licensors, backups, and members) from litigation, cases, requests, and harms (real and important) of each and any sort and nature, known and obscure, emerging out of or in any capacity associated with such debate or dispute.
16. CODE OF CONDUCT.
AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
• Post a Listing temporarily and switch the terms, photos, price, or description of the Listing in any fashion other than to update the listing to accurately reflect the condition of your property or the property you are listing. Specifically, you are prohibited from amending a Listing after Renter Users have asked for a Booking or other information, or generally engaging in any actions which could be considered a "goad and-change" to drive Bookings. Whether a User engages in conduct constituting a “goad-and-change” will be determined solely by us, without limitation.
• Transfer, email or generally transmit any pictures or other User Content that is unlawful, vulgar, destructive, contemptuous, attack the protection of any outsider, contain nakedness or erotic entertainment, promote violence, discrimination by age, race, sexuality, religion, or are generally shocking. Neither videos, photos, nor other depictions should include actual persons. The subject matter of photos should generally be limited solely to include the dwelling home and/or curtilage of the home or item being offered by you or any Owner User.
• Disperse information, documents, or materials that affect or attack the physical and/or mental emotional or physical security of others, for example, photos, video cuts, sound chronicles, by and by recognizable data, or different materials that uncover individual, private or delicate data about someone else, without that individual's assent.
• Submit material(s) which are deliberately, or which you suspect could be, false, slanderous, unlawfully compromising, or unlawfully annoying or misleading. For example, you may not send emails purporting to act on our behalf, as an employee, or agent unless acting in such official capacity, or after receiving written consent from Us to so act.
• Encroach any outsider, or other persons’ copyright, patent, trademark, competitive innovation, or other exclusive rights or privileges of attention or protection. Electronic materials, for example would include: music, recordings, amusements, pictures, and content in electronic format which can be replicated or sent. These electronic materials are greatly helpless against unapproved dispersion and copyright encroachment. These materials may not be transmitted over the Website without the copyright proprietor's authorization, or without a real "reasonable use" legitimization for the transmittal, and a good faith belief that the transmission is not violative of any legal right, law, or regulation.
• Transmit materials that contain any infections, Trojan steeds, worms, time bombs, cancelbots, or other PC programming schedules that are planned to harm, unfavorably meddle with, clandestinely capture, or seize any framework, information, and/or general or individual data.
• Utilize the Website to misleadingly produce traffic or page connects to a site or for some other reason not explicitly permitted under these Terms.
• Utilize the Website in a way that could debilitate, overburden, or impede the Website or Services or interfere with some other gathering's utilization and delight in the Website and Services, for example, by sending "spam" email.
• Utilize the Website to test or discover restrictions, vulnerabilities or to avoid separating abilities.
• Access or attempt to access any materials or data through "hacking," "information reaping," or through different methods we have not purposefully made accessible to you through the Website.
• Utilize the Website for any reason that is unlawful and/or discriminatory in any way, or which is precluded or prohibited by these Terms. For instance, you will not utilize the Website to damage any law, resolution, or direction (counting, without constraint, those administering trade control, shopper assurance, unreasonable rivalry, hostile to segregation, or false promoting).
17. MONITORING; REVOCATION OR SUSPENSION OF USE PRIVILEGES.
We will periodically (I) screen your utilization of the Website, and (ii) end or suspend your utilization of a few or the majority of the Website or Services on the off chance that you break our Code of Conduct or generally abuse these Terms, or our Privacy Policy. Despite the fact that we have no – and accept no - commitment to screen exercises, postings, or Listings made on the Website.
We maintain the authority to alter and/or to expel any data or materials, entirely or partially, which we in our sole tact determine to be contrary to our Code of Conduct. SHOULD YOU FAIL TO REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE VAKAY’S WEBSITE OR SERVICES.
Clients ought to likewise comprehend that our Code of Conduct is situated in numerous occasions on standards of pertinent law. Any client or User engaged or engaging in conduct which we determine to violate our Code of Conduct may subject themselves to criminal allegations and/or charges for attorneys’ fees, in addition to potential civil or criminal actions by us. The Vakay retains the right to share any and all user data with third parties as we determine appropriate, and/or as required by law in a manner consistent with Our Privacy Policy.
18. REPORTS AND COMPLAINTS.
Should you have reason to believe that you or another client acted improperly, for example by abusing or violating our Code of Conduct, you may file a report either by means of the connections we have included on the Website, or by reaching Us as per Section 27 (Contact Us). In the event that we are advised by a client that User Content on the Website is inconsistent with Code of Conduct, we will research the allegation and make a determination in accordance with our policies and best judgment. All decisions regarding complaints and/or reports made to The Vakay will be made unilaterally and are not subject to appeal, or other legal action, beyond those exceptions listed herein.
19. LINKS TO THIRD-PARTY SITES.
The Website may contain connections or deliver indexed lists that reference connections to outside websites ("Connected Sites"). The Vakay has no power over these Connected Sites or their substance and does not accept accountability or risk for any substance, conclusions, or materials accessible on Connected Sites. The Vakay does not underwrite the substance of any Connected Site, nor does The Vakay warrant that a Connected Site will be free of PC infections or other harmful code that can adversely impact you or your computer, PC, device, or other web-get to gadget. By utilizing the Website to scan for or connect to another webpage, you concur and comprehend that such use is at your own risk.
20. WARRANTY DISCLAIMER.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in or on the Website, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Vakay. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and or User(s).
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at each Users own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User of the Website, or by anyone who may be informed of any of its contents.
THE ABILITY TO UPLOAD A RENTAL AGREEMENT IS FOR CONVENIENCE ONLY, AND DOES NOT REFLECT A REVIEW BY THE VAKAY OF THE LEGALITY OR ENFORCEABILITY OF ANY SUCH AGREEMENTS NOR IS IT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. THE VAKAY AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY RENTAL AGREEMENTS OR YOUR LEGAL RIGHTS AND OBLIGATIONS UNDER SUCH AGREEMENTS, OR THE VALIDITY OR ENFORCEABILITY OF ANY RENTAL AGREEMENT, AND SHALL HAVE NO LIABILITY WITH REGARD TO SAME.
THE VAKAY DISCLAIMS (I) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; (iii) ANY PHYSICAL, MENTAL, OR EMOTIONAL HARM RESULTING FROM ANY OWNER USER, OR OTHER PARTIES’, NEGLIGENT OR INTENTIONAL CONDUCT; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE VAKAY WEBSITE, RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
THE VAKAY DOES NOT PROMISE THAT THE WEBSITE OR SERVICES (INCLUDING PAYMENT SERVICES) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE ANY SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE, PARTICIPATION IN THE SERVICES OFFERED (INCLUDING PAYMENT SERVICES), OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE AND ALL SERVICES (INCLUDING PAYMENT SERVICES) AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. THE VAKAY DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD OR UPLOAD TO OR FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. THE VAKAY SHALL IN NO WAY BE LIABLE TO YOU DUE TO ANY DISRUPTION OR UNAVAILABILITY OF THE SERVICES, PAYMENT SERVICES, OR WEBSITE DURING WHICH REGISTERED USERS, OR ANY OTHER PARTIES, ARE UNABLE TO ACCESS OR USE THE SERVICES, PAYMENT SERVICES, OR WEBSITE OR ANY FAILURES THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF A PAYMENT OR THE SERVICES (INCLUDING PAYMENT SERVICES).
21. LIMITATION OF LIABILITY.
By no means, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE VAKAY BE LIABLE (WHETHER INDIVIDUALLY OR JOINTLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND/OR RELATED SERVICES AND CONTENT. BY USING THE WEBSITE, YOU AGREE TO RELEASE ANY AND ALL CLAIMS AGAINST THE VAKAY WHICH DO OR MAY ARISE AS A RESULT OF YOUR USE OF THE WEBSITE, OR ITS SERVICES.
22. INDEMNITY
You consent to indemnify, guard, repay, and hold The Vakay and its auxiliaries, members, officers, chiefs, operators, and employees innocuous, harmless from any risk to outsiders, including attorneys’ fees, emerging from or identified with your violation and/or abuse of these Terms. If any User or person believe that they have suffered injury as a result of your User Content posted on the Website, and such User Content offers or leads to infringement or protection claims, cases of encroachment, claims identified with utilization of an outsider's picture in User, or other Content, without assent or some other cases of harm by an outsider (each an "Outsider Claim"), at that point you consent to guard, repay, and hold The Vakay innocuous and harmless from all expenses and costs (including attorneys’ fees) emerging from such or any Third Party Claim(s).
23. CONTACT FOR ALLEGED COPYRIGHT INFRINGEMENT
The Vakay regards and values the legally protected innovation privileges of others and requires that its clients do likewise. Should you determine that Content on the Website or other movement occurring on the Website comprises encroachment of a work secured by copyright (a "Work"), you must inform our both Us and our specialist, assigned under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to address to such concerns at:
The Vakay, LLC.
Attn: Legal Department
P.O. Box 250
Saugatuck, MI 49453
24. MODIFICATIONS TO THESE TERMS
We may adjust or modify these Terms at some point, and in Our sole discretion. All changes will apply and be effective immediately when We post them, and will apply to all access to and use of the Website thereafter. We will not "retroactively" change these Terms. Continued use of the Website means that you accept and agree to any and/or all changes. You are expected to review this page each time you access the Website in order to ensure you are aware of any changes to these Terms, which are binding upon you. Note, amendments to the dispute resolution clause do not apply to any disputes for which the parties had notice which pre-existed any modification(s) of these Terms.
25. ASSIGNMENT
These Terms may not be assigned by you, either in an entire or limited extent. The Vakay maintains all authority to allot its rights and commitments under these Terms as it deems appropriate.
26. CHOICE OF LAW; FORUM
These Terms will be administered in all regards by the laws of the State of Illinois without offering impact to its contentions of law arrangements. Users submit to the individual locale of and scene in the state and government courts in the State of Illinois in the legal area where The Vakay has its primary place of business. The parties concur that any reason for activity or legal action(s) or arbitrations emerging under these Terms or our Privacy Policy will only be acquired by Illinois courts. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED IN DUPAGE COUNTY, ILLINOIS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED. ANY AND ALL CLAIMS NOT PURSUED WITHIN THE AFOREMENTIONED ONE (1) YEAR LIMITATION WILL BE CONSIDERED WAIVED BY YOU.
27. GENERAL
Should any provision of these Terms be held to be invalid or unenforceable, such provision will be struck and the rest of the arrangements will remain valid and be implemented. Headings are solely for reference purposes, and are not intended to characterize, limit, interpret, or depict the degree or degrees of any such segment of these Terms. This agreement and the terms and conditions contained thus put forward the whole understanding and agreement among The Vakay and you, the Owner User, or User, as for the topic concerning this and supplant any earlier or contemporaneous comprehension, be it composed, oral, or otherwise.
28. SURVIVAL
The accompanying arrangements will endure the end of these Terms:
• Segment 7 (Ownership; Reservation of Rights)
• Segment 20 (Warranty Disclaimer)
• Segment 21 (Limitation of Liability)
• Segment 22 (Indemnity)
• Segment 25 (Assignment)
• Segment 27 (General)
• Segment 28 (Survival)
29. AVAILABILITY
While there are pages portraying the Services as open around the world, this does not mean all Services or administration highlights are accessible in your nation, or that User Content or client created content is or remains accessible through the Services or that it is legitimate in your nation. It is your duty to ensure your utilization of Our Services is lawful at any place or location, and/or time you choose to use them. Administrations are not accessible in all dialects.
30. RELATIONSHIP TO PRIVACY POLICY AND OTHER CONTRACTS
These Terms must relate (I) with different understandings into which you may enter concerning The Vakay's Website and/or Services (assuming any), and (ii) with our Privacy Policy. The arrangements of our Privacy Policy are consolidated in this. To the degree these Terms strife with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Likewise, to the degree these Terms conflict with the terms and states of an explicit understanding you enter or entered into with us, the terms and states of such explicit agreement will control.
31. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You may use these features solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
32. ARBITRATION
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.
33. CONTACT US
Should you have any inquiries regarding these Terms, the acts of this Website, or your dealings with this Website, please contact us at:
