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Terms of Service By your use of the Service, you agree to be bound by the following Terms of Service. 1. General Terms and Conditions 1.1 You may use the Service only for your personal use, and/or that of your company. Although we charge a fee to property owners to advertise their vacation rental properties on the Service, we do not charge prospective renters to access the Service and to research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Service to research, view or make legitimate inquiries to our Subscribers and Partners regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. 1.2 We reserve the right to cancel any or all of the Service at any time. 1.3 The download of the whole or significant portions of any functionality of the Service, or any part of the Service is prohibited. Online or other republication of content is prohibited. Elements of the Service are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Travel Poof™, the Travel Poof.com logo, Poof Panda™ ,Where Travel meets Paradise™, Poof It™, and other Travel Poof.com products referenced herein are trademarks of Travel Elite Management LLC, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. 2. Travel Poof is NOT a Rental Agency 2.1 Travel Poof is not a licensed real estate agency or broker in any jurisdiction and does not act as a property manager or rental agent. Travel Poof acts solely as a networking/referral source for renters and vacation property owners. 2.2 Travel Poof does not own any of the properties listed on the Service, is not responsible for the truth or accuracy of any of the information listed on the Service, and is not involved in any transaction between any party who uses the Service. RENTERS ARE RESPONSIBLE FOR INVESTIGATING AND CONFIRMING ANY AND ALL CLAIMS MADE BY VACATION PROPERTY OWNERS AND/OR THEIR AGENTS. 2.3 Travel Poof has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of owners to rent the accommodations or the renters to rent accommodations. Travel Poof cannot ensure that an owner or renter will complete the transaction. 2.4 Each property owner sets its own refund/cancellation policies and fees. Travel Poof strongly recommends that renters require a written notice of the refund and cancellation policy from the owner/agent. Travel Poof recommends the purchase of trip cancellation insurance at your own expense. Travel Poof is not responsible for the refund of rental fees for any reason. 3. About Copyright – IMPORTANT! 3.1 You acknowledge that the Service, any underlying technology used in connection with Travel Poof, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Travel Poof site are provided by Travel Poof, Travel Elite Management LLC or third-party providers and are the copyrighted works of Travel Poof and/or such third parties and are protected by United States copyright law and international treaties and conventions as a collective work(s) and/or compilation(s). 3.2 Travel Poof grants you a limited right/license that is non-exclusive and not transferable, to access, privately display, and use the Content, including any and all Content provided to you, for your personal use only provided that you agree to and comply fully with this Agreement. Except as set forth, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Travel Poof in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Service on any other server. 4. Your Privacy Travel Poof has a firm commitment to safeguarding your privacy. Please review Travel Poof’s Privacy Policy which are considered part of, and are incorporated into, these Terms of Service. 5. Claims of Infringement 5.1 If you believe that your work has been copied in a way that constitutes copyright infringement, please see Travel Poof’s DMCA Policy. 6. Unacceptable Use of the Service 6.1 Unless otherwise provided within these Terms, any of the following actions are unacceptable uses of the Service, and Travel Poof, in its sole discretion and without liability for doing so, may terminate or restrict any user’s access to this web site at any time for such unacceptable use: - Uploading or transmission of any trojans, worms, viruses or any code of a destructive or spying nature. - Removing any proprietary notices or label on any Content, or using the Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any Content or other work protected under copyright laws. - Using the Service for any purpose other than which it is intended. - Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM). - Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way. - Uploading any programs that may cause a disruption to the Service. - Any action that violates the laws of applicable local, state, federal or international governmental bodies. - Re-selling the Service without express written permission from Travel Elite Management LLC. 6.2 Travel Poof will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. 7. Travel Poof’s Liability IN NO EVENT WILL TRAVEL POOF, ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. 8. Disclaimer Of Warranty And Limitations Of Liability TRAVEL POOF AND THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL TRAVEL POOF, TRAVEL ELITE MANAGEMENT LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF TRAVEL POOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS TRAVEL POOF OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO TRAVEL POOF'S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES TRAVEL POOF’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 9. Miscellaneous 9.1 Links. The Service may contain links through advertising and otherwise to third party websites and other resources. These links are made to websites that are not under the control of, reviewed, monitored, or endorsed by Travel Poof, and as such Travel Poof is not responsible or liable for any information, content, or any other materials of any linked website. Such links are provided for convenience purposes only. You agree that you are solely responsible and liable for any interactions you may have with such linked websites, their sponsors, owners, or other third-parties. You acknowledge and agree that Travel Poof shall not be responsible or liable, both directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third party goods or services, or content, available through linked websites. 9.2 Limitation of Service. Travel Elite Management LLC controls and operates the Travel Poof website from its headquarters in the United States and makes no representation that the Service and Content are appropriate or available for use in other locations. If you use the Travel Poof website or Content from locations outside the United States, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Travel Poof website are solely directed to individuals, companies, or other entities located in the United States. If you reside in the European Union, by registering you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, including the United States. Your personal information shall only be used in accordance with Travel Poof's Privacy Policy. 9.3 Governing Law. This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A. applicable to agreements executed and fully performed therein. It is agreed that Maryland courts (state and federal) only, will have jurisdiction over any controversies regarding this Agreement; any action or proceeding which involves such a controversy will be brought only in those courts, in Montgomery County. 9.4 Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect. 9.5 Compliance with Laws. You agree to comply with all applicable laws, rules, and regulations in connection with your activities under this Agreement, including and without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Content is not exported in violation of United States laws. 9.6 Amendment of Agreement. Travel Poof reserves the right, at its sole discretion, to update, change, modify, add or remove any portion of this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at Travel Poof’s web site at this location or at any other location designated at said site. Changes to this Agreement will be effective when posted. You agree to periodically review these Terms of Service to be aware of any changes. By continuing to use the Services after any change has been made, you agree to be bound by subsequent revisions to the Agreement.
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