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Read These Terms of Use Agreement Before Accessing Website.Effective Date: This Terms of Use Agreement was last updated on
April 14, 2009. Description of ServiceTravental is providing users with the listings of vacation rental properties. We do not own or contract any of the properties listed in this website. Travental.com is not party to any rental transaction. Disclaimer of WarrantiesThe site is provided by Travental on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Travental makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. None of the information on the site is confirmed or warranted by any party. As a user, you are solely responsible for confirming any and all information. You assume all liability for the use of any information on this site. Travental shall have no liability for any interruptions in the use of this Website. Travental disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. Limitation of LiabilityTravental SHALL NOT be liable for any damages whatsoever, and in particular Travental shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Travental has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. ReleaseIN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE WHY RENT A ROOM GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IndemnificationMember agrees to indemnify and hold Travental, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. Choice of Law and ForumANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMABLE AND/OR SOLD IN THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN MECKLENBURG COUNTY, NORTH CAROLINA, PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.
Governing Jurisdiction of the CourtsOur website is operated and provided in the State of North Carolina, United States of America. As such, we are subject to the laws of the State of North Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of North Carolina. Compliance with LawsUser assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Copyright and Trademark InformationAll content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Travental.com, will all rights reserved, or is the property of Travental and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Travental is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Travental. Travental™ and Travental.com™ are proprietary marks of Travental.com. Travental’s trademarks may not be used in connection with any product or service that is not provided by Travental, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Travental. All other trademarks displayed on Travental’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Travental. Notification of Claimed Copyright InfringementPursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, you can notify of claimed copyright infringement by using the “Contact Us” link from any page of the website. Personal InformationInformation submitted to Travental through the Site is governed by Travental's Privacy Policy. Members AccountAll Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Travental of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Travental. Access to Password-Protected Member-only AreasTravental restricts some areas of the Site to authorized members only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties. Modifications and Interruption to ServiceTravental reserves the right to modify or discontinue the Service with or without notice to the Member. Travental shall not be liable to Member or any third party should Travental exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Travental does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Third-Party SitesOur website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. User SubmissionsExcept as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Site will be considered confidential or proprietary. All such material becomes the exclusive property of Travental, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law. Property ReviewsAny entries in the property review section of any member’s listing must be genuine comments from travelers who have stayed at the property advertised. The e-mail address(es) of the traveler(s) whose comments are given must be supplied by a member to us upon our request. Listing Sale or TransferListings on Travental cannot be sold or transferred. If the property is sold, the listing can be transferred to the new owner of the property. Please contact us by using “Contact Us” link to complete this transfer. Substitution of PropertiesEach listing may only relate to a specific property. The property in an listing may not be substituted by another property. If a member submits changes to an existing listing that would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition. Advertising More than One Property on One ListingEach listing displays an uniquely identified property available for vacation rental. The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each listing, unless it is a property with multiple rental units on the same site with same plan (for example size, layout, bedrooms, bathrooms etc.) and multi-unit listing package is purchased. We reserve the right to remove any listing when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
Termination PolicyIf, in our sole discretion, any member submits unsuitable material to our site, persistently misuses the site, or is in material breach of these Terms, we reserve the right to remove immediately such member’s property from the site without refund. Travental reserves the right to remove any listing from the website at any time for any reason. Payment of ListingsPayment for listings must be made in U.S. Dollars paid either by major credit or debit card, PayPal® account or a check drawn on a U.S. bank. Refund & Cancellation PolicyYou may cancel your listing at anytime and have it removed from the website. To cancel a listing, login to member-only area and use the “Contact Us” link from page any of the website. Refunds are only available for your first listing during the first month of service. No refunds are available on your second or subsequent listings. If you are dissatisfied with your initial listing for any reason during the first month of service, we will cancel your listing and send you a refund less a $25 service fee. Other TermsIf any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Travental, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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