Disclaimer
AGREEMENT BETWEEN MEMBERS / VISITORS AND VACAPEDIA
This Web site is offered to you, the member/visitor, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, VACAPEDIA AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VACATION HOMES, FLIGHT, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF VACATION HOME AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIER. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VACAPEDIA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
VACAPEDIA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY VACAPEDIA OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VACAPEDIA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS 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.
THE CARRIERS, VACATION HOMES AND OTHER SUPPLIERS PROVIDING TRAVEL, LODGING OR OTHER SERVICES FOR VACAPEDIA ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VACAPEDIA OR ITS AFFILIATES. VACAPEDIA AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. VACAPEDIA AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL VACAPEDIA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF VACAPEDIA, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
INDEMNIFICATION
You agree to defend and indemnify VACAPEDIA, its affiliates, and/or their respective suppliers 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
- (i) you or on your behalf in excess of the liability described above; or
- (ii) by third parties as a result of
- (a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
- (b) your violation of any law or the rights of a third party; or
- (c) your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than VACAPEDIA. Such hyperlinks are provided for your reference only. VACAPEDIA does not control such Web sites and is not responsible for their contents or your use of them. VACAPEDIA's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
NOTICE TO ALL VISITORS / RENTERS
You are responsible for conducting your own investigation regarding any and all claims made by vacation property owners / managers. You assume all liability for use of any information you find on Vacapedia website. Vacapedia assumes no responsibility and in no way warrants the accuracy of the information contained in any of the pages published here.
Visitors / Members are notified that each property sets its own Refund/Cancellation Policies. Vacapedia recommends that renters ask for and receive a written notice of the Refund/Cancellation policy from the Property owner / manager and for added protection; we recommend (not required) the purchase of Trip / Travel Insurance at your own expense. Vacapedia is not responsible for the refund / exchange of ANY fees for any reason. Validation of information published herein is the sole responsibility of the renting party. See information about Protecting Yourself when dealing with anyone you don't personally know.
NOTICE TO ALL PROPERTY MANAGERS / OWNERS / ADVERTISERS
Qualification of all renters is the sole responsibility of the property owner / manager.
You are responsible for conducting your own investigation regarding any and all claims made by prospective renters. You assume all liability for use of any information you find on Vacapedia website. Vacapedia assumes no responsibility and in no way warrants the accuracy of the information contained in any of the pages published here.
If Vacapedia is unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, Vacapedia CANNOT be held liable for any costs. Vacapedia does not guarantee 100% uptime for Vacapedia web site.
By using or continuing to use the services of Vacapedia, you agree to the terms and conditions of this disclaimer.
MODIFICATION OF THESE TERMS AND CONDITIONS
Vacapedia reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of Vacapedia's Website and facilities.
ACCEPTABLE CONTENT
Advertisers are expected to follow the Acceptable Content Policies. Ads which do not adhere to these policies are subject to cancellation at the sole discretion of Vacapedia.
GOVERNING LAW
These Terms of Use shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of California including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of these Terms of Use, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be the Superior Court of California for the County of Santa Clara and the United States District Court for the Northern District of California, as applicable, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.

