Please read the following Terms and Conditions (these “Terms”) closely before using BreakAwayVacationRentals.com aka BreakAwayVR (the “Website”). By accessing, browsing and using this Website, you acknowledge that you have read, understood and agree to comply with these Terms.
BreakAwayVacationRentals.com may at any time modify these Terms, and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
PERSONAL USE. The Website may not be used for any reason other than (1) for renters to book, view or make legitimate inquiries to owners regarding interest in their particular vacation rental properties (“Property”), (2) for owners to list their Property, respond to legitimate inquires from potential renters, and book their Property for rent (collectively, the “Service”), and (3) any additional services BreakAwayVR may wish to provide in the future, including any travel related services.
UNAUTHORIZED USE. Unless otherwise provided within these Terms, or unless specific applicable law requires BreakAwayVacationRentals.com to allow you to do so, you may not do any of the following without the prior written consent of BreakAwayVacationRentals.com:
Use the Website for the transmission of any material that is unlawful, harassing, libelous, invasive of another”s privacy, abusive, threatening, harmful, vulgar, obscene, tortious, pornographic, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or for the transmission of 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 these Terms;
Directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website;
Use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission;
Take any action which imposes an unreasonable or disproportionately large load on our infrastructure;
Use or disclose (to anyone except BreakAwayVR) any information you obtain about any other third party that may use or access the Service, or you obtain from BreakAwayVacationRentals.com;
Conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Website;
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content (as defined below) in any form whatsoever;
Reproduce our content on your Website using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or scrape, mirror or replicate any portion of the Website;
Modify, translate into any language or computer language, or create derivative works from, any content (defined below) or any part of the Website;
Reverse engineer any part of the Website;
Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
Upload or transmit to the Website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with the normal operation of our Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. All comments, feedback, suggestions and ideas disclosed, submitted or offered to BreakAwayVacationRentals.com in connection with your use of this Website (collectively, “Comments”), shall become and remain the exclusive property of BreakAwayVacationRentals.com. BreakAwayVacationRentals.com may use the Comments in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. For example, your Comments could be used on this Website and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. BreakAwayVacationRentals.com is under no obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
LIMITATION OF LIABILITY. IN NO EVENT WILL BreakAwayVacationRentals.com BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE, EVEN IF BreakAwayVacationRentals.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BreakAwayVacationRentals.com WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
FURTHER, BreakAwayVacationRentals.com ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE AND/OR DELAY DUE TO RENTER CANCELLATIONS, SHORTAGES, SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER OR ANY OTHER CAUSES BEYOND BreakAwayVacationRentals CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY. BreakAwayVacationRentals.com SHALL NOT BE RESPONSIBLE FOR ANY SERVICE PROVIDER”S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY; NOR SHALL BREAKAWAYVR BE RESPONSIBLE FOR ANY OTHER WRONGDOING OF A SERVICE PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY SERVICES AVAILABLE THROUGH THIS SITE. BreakAwayVacationRentals.com SHALL NOT BE RESPONSIBLE FOR ANY SERVICE PROVIDER`S FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS, NOR FOR ANY SERVICE PROVIDER`S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE AND LOCAL LAW.
RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE BreakAwayVacationRentals.com AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 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.” IF YOU ARE A RESIDENT OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
OWNERSHIP RELATING TO BreakAwayVacationRentals.com WEBSITE. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the “Content”), is the property of BreakAwayVacationRentals.com or other parties. U.S. and international copyright laws protect all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to “support” at BreakAwayVacationRentals.com: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. BreakAwayVacationRentals.com PROVIDES THE SERVICE ON AN “AS IS” BASIS. BreakAwayVacationRentals.com AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BreakAwayVacationRentals.com AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO BreakAwayVacationRentals.com OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER”S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. BreakAwayVacationRentals.com AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER PARTIES THAT USE OUR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BreakAwayVacationRentals.com OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION OF USAGE. User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.