Terms of Service
Welcome to the VIPvacationrentals.co website (the “Website”). This Website is provided to allow travelers to gather vacation rental travel information, determine the availability of travel-related goods and services, make legitimate personal vacation rental inquiries, rental reservations, or otherwise transact business with our travel suppliers, and for no other purposes. Use of the Website for any other purpose is strictly prohibited. The terms “we”, “us”, “our” and “the Company” refer to VIPDOTCO, LLC, an Oregon limited liability company dba VIP Vacation Rentals. The terms “you,” “your,” and “Traveler” refer to the customer or consumer visiting the Website.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Section 1. Parties to the Agreement
1.1 Facilitating website. The Website is a venue and we are not a party to any transactions or rental agreements. We do not own or manage, nor can we contract for, any vacation rental property listed on the Website. The Company acts as a venue to allow homeowners and property Vendors who advertise on the Website (each, a “Vendor”) to offer for rent specific vacation rental properties to potential renters, including various ways for users to communicate with one another and enter into rental agreements or rental transactions.
1.2 Transactions. Any part of an actual or potential transaction between potential renters, the party staying in the rental unit, and a Vendor, including the quality, condition, safety or legality of the properties advertised, the accuracy of the listing content, the ability of Vendors to rent a vacation property or the ability of Travelers to pay for vacation rental properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate rental agreement with the Vendor prior to making a booking or purchasing a product or service and such agreement may place additional restrictions on your booking, product or service.
Section 2. Use of the Website
2.1 Conditions of Use. As a condition of your use of this Website, you warrant that:
2.1.1 You are at least 18 years of age;
2.1.2 You possess the legal authority to create a binding legal obligation;
2.1.3 You will use this Website in accordance with this Agreement;
2.1.4 You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
2.1.5 All information supplied by you on this Website is true, accurate, current and complete; and
2.1.6 If you have an account with the Website or the Company, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
2.2 Promotional E-mails. If you provide your e-mail address to the Company, you agree to allow us to add your e-mail to our database of users. You may receive one or more promotional e-mails either from us or one our affiliates.
2.3 Third-Party Hyperlinks. This Website contains hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
2.3.1 It is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature.
2.3.2 Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Section 3. Limited License
3.1 Limited License. The Company grants you a limited, revocable, non-exclusive, non-assignable license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of advertising a vacation rental property, searching for a vacation rental property, or for any other purpose clearly stated on a Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited and will terminate the license granted herein. This license is freely revocable at the sole discretion of the Company.
3.2 Conditions on Limited License. The limited license granted in Section 4.1 is subject to this Agreement, and specifically conditioned upon the following:
3.2.1 You may only view, copy and print portions of the Website for your own informational, personal and non-commercial use;
3.2.2 You may not modify or otherwise make derivative uses of the Website or any portion thereof;
3.2.3 You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content;
3.2.4 You may not use any data mining, robots or similar data gathering or extraction methods;
3.2.5 You may not use the Website other than for its intended purpose; and
3.2.6 You may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein.
3.3 Right to Hyperlink. You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray the Company or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
3.4 No Intellectual Property Rights. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Section 4. Prohibited Activities
4.1 Prohibited Use. You agree not to:
4.2.1 Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website;
4.2.2 Make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
4.2.3 Access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4.2.4 Take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
4.2.5 Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties;
4.2.6 Post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement;
4.2.7 Post content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
4.2.8 Post unsolicited promotions, political campaigning, advertising or solicitations;
4.2.9 Post private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; or
4.2.10 Post any viruses, corrupted data or other harmful, disruptive or destructive files.
Section 5. Reviews, Comments and Other Submissions
5.1 Submission License. By submitting content to this Website by electronic mail, postings on this Website or otherwise, including any vacation home rental reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant the Company and its affiliates a royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
5.1.1 Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised with or without attribution; and/or
5.1.2 Use the name that you submit in connection with such Submission.
5.2 Limitation of Liability. You acknowledge and agree that Submissions are not confidential. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments. We reserve the right in our absolute discretion to determine which comments are published on the Website.
Section 6. Vendor Rules and Restrictions
6.1 No involvement in rental terms. Separate terms of agreement will apply to any agreement to transact business with any Vendor. Please read these separate terms and conditions carefully.
6.2 Vendor Terms. You agree to abide by the terms and conditions of purchase imposed by any Vendor with whom you elect to transact business with, including, but not limited to, payment of all amounts when due and compliance with the Vendor’s rules and restrictions regarding availability and use of products, or services.
6.3 Rental Agreement and Liability Waiver. You acknowledge that some Vendors and third-party providers offering certain services or activities may require you to sign their rental agreement and liability waiver prior to participating in the service or activity they offer.
Section 7. Limitation of Liability
7.1 Disclaimer of Liability. The information, software, products, and services published on this Website may include inaccuracies or errors, including vacation home rental availability and pricing errors. VIPDOTCO, LLC, its subsidiaries and corporate affiliates (collectively, the “VIPDOTCO companies”) and the affiliated, co-branded and linked website partners through whom we provide service (collectively, “VIPDOTCO affiliates”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the vacation home rental properties or lodging displayed on this Website (including, without limitation, the pricing, availability, photographs, list of vacation rental property amenities, general product descriptions, and reviews and ratings etc.), much of which information is provided by the respective Vendors.
7.2 Disclaimer of Warranties. The VIPDOTCO companies and the VIPDOTCO affiliates make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the VIPDOTCO companies and/or the VIPDOTCO affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind.
7.2.1 The VIPDOTCO companies and the VIPDOTCO affiliates disclaim all
warranties and conditions that this Website, its servers or any e-mail sent from the VIPDOTCO companies and the VIPDOTCO affiliates are free of viruses or other harmful components.
7.2.2 The VIPDOTCO companies and the VIPDOTCO affiliates hereby disclaim all
warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
7.3 Relationship to Vendors. The property managers, owners, and other suppliers providing vacation rental property information, or other services on this Website are independent third-parties and not agents or employees of the VIPDOTCO companies, or the VIPDOTCO affiliates. The VIPDOTCO companies and the VIPDOTCO affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Vendors or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
7.4 Liability Waiver. In no event shall the VIPDOTCO companies and/or the VIPDOTCO affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, information, computer viruses, linked sites, and your reliance upon posted reviews and opinions) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the VIPDOTCO companies and/or the VIPDOTCO affiliates have been advised of the possibility of such damages.
Section 8. Indemnification
8.1 Indemnification. You agree to defend and indemnify the Company and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
8.1.1 Your breach of this Agreement or the documents referenced herein;
8.1.2 Your violation of any law or the rights of a third party; or
8.1.3 Your use of this Website.
Section 9. Miscellaneous
9.1 Jurisdiction and Venue. This Website is operated by a United States entity and this Agreement is governed by the laws of the State of Oregon, United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Oregon, United States of America, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
9.2 Relationship. You agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of this Agreement or use of this Website.
9.3 Statute of Limitations. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
9.4 Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
9.5 Complete Integration. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company with respect to your use of this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and the Company with respect to this Website.
9.5.1 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.