AGREEMENT BETWEEN CUSTOMER and A N D International, LLC and Condos and Condos, LLC.
Welcome to the Vacations and Vacations.com website (the "Website"). Below are the
terms of use as set forth by A N D International, LLC and Condos and Condos, LLC
as it applies specifically to the Vacations and Vacations.com website
The Vacations and Vacations.com Website is provided solely to assist users of the
Website in searching for and gathering travel information, determining the availability
of travel-related goods and services, making legitimate reservations or otherwise
transacting business with our listing members.
The terms "we", "us", "our" and "Vacations and Vacations.com" refer to A N D International,
LLC, a Florida LLC and Condos and Condos, LLC, a Florida LLC., (collectively “A N
D”).
The term “you” refers to the “user”, “registered member” and “listing member.” The
term “user” refers to an individual visiting the Website and/or booking a
reservation through the Website. The term “registered member” refers to an
individual who provides us with his/her full name (first and last), has chosen a
Member ID (email address) and password and represents and warrants that all information
supplied about him/herself and others, is true, valid and accurate, and that he/she
has the right to supply us with such information. The term “listing member”
refers to a registered member that has posted an advertisement (including directory
advertisements) and/or listing(s) of vacation property/properties (including any
unit/room inventories) on 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. 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.
License
A N D grants you a limited, personal, nontransferable, non-sublicensable, revocable
license to access and use the Website only as expressly permitted in this Agreement.
Except for this limited license, we do not grant you any other rights or license
with respect to this Website; any rights or license not expressly granted herein
are reserved.
No Copy, Distribution, or Sale of Website Content
Text, documents, information, data, articles, images, photographs, graphics, software,
applications, video recordings, audio recordings, sounds, designs, features and
other materials that are available on the Website are collectively referred to as,
(“Content”).
You may not:
- Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content of the website in any form whatsoever;
- Use a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Website;
- Reverse engineer any part of this Website;
- Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties
No Copy, Distribution, or Sale of Website Content
Unless otherwise provided within this Agreement, or unless specific applicable law
requires A N D to allow you to do so, you may not do any of the following without
the prior written consent of A N D:
- Use any robot, spider, other automatic device, or manual process to monitor Content;
- Use the Website other than to post legitimate property listings (including all unit/inventories), advertisements, directory postings, and to make bookings, reservations or purchases;
- Use the Website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Imply in any fashion that A N D is endorsing your products or services;
- Place false or misleading information on the Website;
- Post or transmit any 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.
- Use or access the Website in any way that, in our reasonable judgment, adversely affects the performance or function of the Website, or any other computer systems or networks used by A N D, other website users or members;
- 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, intercept, 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;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Website, or take any action that impose an unreasonable load on our equipment;
- Disguise the origin of the information transmitted through the Website.
Prohibited Activities
The content and information on this Website including, but not limited to, price
and availability of travel services, as well as the infrastructure used to provide
such content and information, is proprietary to us. While users may make limited
copies of your travel itinerary (and related documents) for travel or services booked
through this Website, you agree not to otherwise 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. Additionally, User agrees not to:
- use this Website or its contents for any commercial purpose;
- access, monitor 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;
- violate the restrictions in any robot exclusions on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Listing Members – Rules and Content
Listing members must have the authority to form legally binding contracts under
applicable law. If you are registering as a business entity, you represent that
you have the authority to bind the entity to this Agreement.
Payment for all listings and advertisements must be made in U.S. Dollars paid either
by major credit or debit card, or by check or e-check drawn on a U.S. bank.
Listing members understand that all posted ad/listing content may not contain vulgarity,
or comments related to violence, hate, or any references of a sexual nature. All
such references are not considered acceptable content and may be removed without
notice.
A N D in its sole discretion reserves the right to reject, edit and remove any submitted
vacation property ad/listing. Once ad/listing has been submitted, edited and posted
on the vacationsandvacations.com web site and/or any other A N D website, the ad/listing
becomes the property of A N D. Any posted ad/listing on the vacationsandvacations.com
website or any other A N D website may not be reproduced without the express written
consent of A N D.
Listing members are responsible for investigating and adhering to all local regulations
including, but not limited to permits, licenses, occupancy taxes, and safety compliance.
Cancellation of Listings and Advertisements
The content and information on this Website including, but not limited to, price
and availability of travel services, as well as the infrastructure used to provide
such content and information, is proprietary to us. While users may make limited
copies of your travel itinerary (and related documents) for travel or services booked
through this Website, you agree not to otherwise 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. Additionally, User agrees not to:
- All listings and advertisements (including directory postings) are subject to cancellation at the sole discretion of A N D.
- Sale and Transferability of Listed Property - Any vacationsandvacation.com listing in which the listed property has been sold is subject to immediate cancellation (without notice and without refund). If you sell your vacationsandvacations.com listed property, the listing is not transferable. You may not transfer the listing to the new owner(s).
- SPAM and Phishing - A N D does not and will not participate in or tolerate the sending of junk mail or SPAM - “Unsolicited Commercial Email”. We reserves the right to cancel (without refund) any user, registered member and/or listing member that mentions vacationsandvacations.com and any other A N D network of websites, URLs, or any associated A N D email address in any SPAM e-mail message or posting. A N D is the sole judge in determining what constitutes SPAM. We do not and will not, at any time, request your credit card information, login name, or password, in an unsecure or unsolicited e-mail or telephone communication. Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is our priority.
Modification, Suspension or Termination of Website
A N D reserves the right, in its sole discretion, to modify, suspend, or terminate
this Website and/or any portion thereof, including any service or product available
through the Website, and/or your profile, password, or use of the Website, or any
portion thereof, at any time for any reason with or without notice to you. In the
event of termination, you will still be bound by your obligations under this Agreement
and any additional terms, including the warranties made by you, and by the disclaimers
and limitations of liability. Additionally, A N D shall not be liable to you or
any third-party for any termination of your access to this Website.
Changes to the Website
Any aspect of the Website may be changed, supplemented, deleted, updated, discontinued,
suspended, or modified at any time, and without prior notice to you. However, we
make no commitment to update the information contained on this Website. You agree
that A N D shall not be liable to you for any delay or other damages that might
result from such modification, suspension, or discontinuance. We may also, at any
time, change or impose fees for certain services, or establish or change general
practices and limits concerning certain services.
Refund Policy
All vacationsandvacations.com listings and all other forms of advertising offered
by vacationsandvacations.com are great values and include reasonable vacation property
listing prices and ad packages, a high level of exposure to potential vacationing
renters, and effective options for increasing the odds of vacation renters noticing
and renting your property and its unit/room inventories. Much like any other classified
service, vacationsandvacations.com does not generally offer refunds on listing fees.
The following explains more fully how Vacations and Vacations.com operates with
regard to listing fee refund requests:
- Vacations and Vacations.com will not refund a listing fee, for any reason; if Vacations and Vacations.com receives the request for refund more than 72 hours after a listing has been ordered. Vacations and Vacations.com will correct any mistakes made by us with regard to a listing, but will not offer a refund.
- All listings are sold to run the full paid annual or biannual term that is chosen by the paid in full listing member. Refunds are only available on your first listing during the first 72 hours of service. No refunds are available on your second or subsequent listings. Please take this into account prior to adding additional listings or renewing your listing.
- To request a refund, please submit your request through our contact us form http://www.condosandcondos.com/ContactUs.aspx within 72 hours of purchasing your first listing. Please reference your first listing, your reason for dissatisfaction, and A N D will provide a refund.
- Refunds will not be given if you change your mind about the listing, if you have made errors during the submission of the listing, or if you have not received any inquiries or offers to rent your vacation property through Vacations and Vacations.com, or if the property has been sold, or if the property and/or any of the property inventory/rooms have been rented through other means. If you wish to change to a less expensive listing package, Vacations and Vacations will not provide any refund. Nor will we provide any refund if Vacations and Vacations.com has made mistakes in the content or enhancements of the listing. If Vacations and Vacations.com has made such mistakes, we will make every effort to make the appropriate corrections to the listing as soon as possible after notification of such mistakes.
- If you made mistakes in submitting a listing with Vacations and Vacations.com, we will help you make or we will make corrections to the listing. There will be no charge for these corrections, unless you wish to order additional enhancements, in which cases there may be an additional charge.
Putting Listings on Hold
If you wish to remove your vacation rental property from the market, we will not
temporarily inactivate the vacationsandvacations.com listing and reactivate it at
a future date during your paid annual or biannual term. Listings stay in force throughout
the original term and the renewal date does not change.
Substituting Listings
VacationsandVacations.com listings are deliberately set up to advertise one property
(including all unit/room inventories) in one location. Each listing may only relate
to one specific property. The property listing may not be substituted for another
property.
Vacation Rental Inquiries
Vacation Rental inquires are delivered via Internet email and are not considered
to be private. Internet e-mail delivery is not 100% reliable and A N D cannot be
held responsible for undelivered inquiries or for missed income as a result of undelivered
inquiries. A N D reserves the right, at its own discretion, may supply to potential
vacation renters the direct e-mail address and/or contact phone number of Vacationandvacation.com
listing members for the purpose of making a vacation rental inquiry.
Important to Users, Registered Members, and Listing Members of the Website
You are responsible for conducting your own research regarding any and all claims
made by users, registered members and listing members. You assume all liability
for use of any information you find in vacationsandvacations.com and any other A
N D website. A N D assumes no responsibility and in no way warrants the accuracy
of the information contained in the pages of vacationsandvacations.com and any other
A N D websites. Advertisements and listings may be created and posted only by listing
members who are property owners and/or authorized agents, managers or employees
of property owners. Users are aware that each listing member is encouraged to post
their own Refund/Cancellation Policy. If listing member’s Refund/Cancellation Policy
is not posted, we recommend user ask for and receive a written notice of the Refund/Cancellation
policy from the listing member. A N D is not responsible for the refund of vacation
rental fees. None of the information contained in vacationsandvacations.com website
or in any other A N D website is confirmed or warranted by any party. Verification
of information published herein is the sole responsibility of the user. Qualification
of all users is the sole responsibility of the listing member.
Other User Rules and Restrictions
Separate terms and conditions will apply to selected user reservation and purchase
of travel-related goods and services of listing members. Please read these separate
terms and conditions carefully. User agrees to abide by the terms and conditions
of purchase imposed by any listing member with whom you elect to deal, including,
but not limited to, payment of all amounts when due and compliance with the listing
member rules and restrictions regarding availability and use of products, or services.
You acknowledge that some listing members or third-party providers offering certain
services and/or activities may require you to sign their liability waiver prior
to participating in the service and/or activity they offer. You understand that
any violation of any such rules and restrictions may result in cancellation of your
booking(s), in your being denied access to the applicable travel product or services,
or in your forfeiting any monies paid for such booking(s) or reservation(s)
Accounts, Security, Passwords
You may register to utilize this Website by completing the specified registration
process and providing us with current, complete, and accurate information as requested
by the online registration form. It is your responsibility to maintain the currency,
completeness and accuracy of your registration data, and any loss caused by your
failure to do so is your responsibility. As part of the registration process, you
will be asked to choose a password. It is entirely your responsibility to maintain
the confidentiality of your password and your account. Additionally you are entirely
responsible for any and all activities that occur under your account. You agree
to notify A N D immediately of any unauthorized use of your account. A N D is not
liable for any loss that you may incur as a result of someone else using your account,
either with or without your consent.
Age and Responsibility
If you use this Website, you are responsible for maintaining the confidentiality
of your account information and your password. You agree to accept responsibility
for all activities that occur under your account or password. You understand that
Persons under the age of 18 are not eligible to use any services on our Website.
You represent that you are of sufficient legal age to use this Website and to create
binding legal obligations for any liability you may incur as a result of the use
of this Website. You understand that you are financially responsible for all uses
of this Website by you and those using your login information.
Privacy Policy
You confirm that you have read our Privacy Policy http://vacationsandvacations.com/Policy.aspx,
the terms of which are incorporated herein, and agree that the terms of such policy
are reasonable and satisfactory to you. You consent to the use of your personal
information by A N D in accordance with the terms of and for the purposes set forth
in the Privacy Policy. To the extent permitted by law, A N D makes no representation
or warranty with regard to the sufficiency of the security measures used for data
handling and storage. A N D will not be responsible for any actual or consequential
damages that result from a lapse in compliance with the Privacy Policy because of
a security breach or technical malfunction.
Disclaimer of Warranties
All content, including software, services, information, text, and related graphics
and videos contained within or available through this website are provided to you
on an “as is,” “as available” basis. A N D makes no representations or warranties
of any kind, either express or implied, as to the operation of this website or the
information, content or material included on this website to the fullest extent
permissible pursuant to applicable law, A N D disclaims all representations and
warranties of any kind, either express or implied, including, but not limited to,
the implied warranties of merchantability or satisfactory workmanlike effort, in
informational content, title, or non-infringement of the rights of third parties.
A N D does not warrant or make any representations that this website will operate
error-free or uninterrupted, that defects will be corrected, or that this website
and/or its servers will be free of viruses and/or other harmful components. A N
D does not warrant or make any representations regarding suitability, availability,
accuracy, reliability, completeness, or timeliness of any material of any kind contained
with this website for any purpose, including software, products, services, information,
text, and related video and graphics content. A N D is not responsible for any failures
caused by server errors, misdirected or redirected transmission or receipt of ticket
orders or, any computer virus or other technical defect, whether human or technical
in nature. Without limiting the foregoing, no warranty or guarantee is made (a)
regarding the acceptance of any request, (b) that a user will receive the lowest
available price for goods and/or services available through this website, (c) regarding
the availability of products and/or services through this website or, it’s listing
members, registered members or users of the this website, where applicable, or (d)
regarding the results that may be obtained from the use of this website.
Links to Third Party Websites
Outbound Links
Our Website does not provides links other non-A N D websites.
Inbound Links
We welcome links from a third party site to our Website, through a plain text link,
provided that: (a) you discontinue providing a link to our Website if so requested
by A N D; (b) you do not imply in any fashion that A N D is endorsing any of your
products or service or is affiliated with you, (c) you do not present A N D in a
false light, or provide misleading or false information about A N D, or its Website
or products or services, (d) you do not remove or obscure the copyright notices,
or other notices on this Website; (e) you do not use any trademark or service marks
belonging to A N D; and (f) you do not replicate, frame or mirror the content of
the Website. We reserve the right to require you to remove links to the Website,
in our sole discretion.
Intellectual Property
1. Ownership Rights
This Website is the sole and exclusive property of A N D or its licensors. A N D
and its licensors retain all right, title and interest (including all copyright,
trademark, patent, trade secrets, and all other intellectual property rights) in
the Website. The Website is protected by copyright, trademark, patent, trade secrets,
unfair competition, and other laws of worldwide, through the application of local
laws or international treaties. Any unauthorized use, reproduction or modification
of this Website may violate such laws.
2. Trademarks
A N D International and any other trademarks or service marks that appear, are displayed
or used on the Website are registered or common law trademarks or service marks
of A N D International, LLC. These trademarks or service marks may not be copied,
downloaded, reproduced, used, modified, or distributed in any way without prior
written permission from A N D International, LLC.
Software Available on this Website
All software, including and without limitation, all HTML and AJAX code contained
on this Website is owned by A N D and any copying, reproduction to any other server
or location for further reproductions or redistribution of the software is expressly
prohibited, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Your Comments and Submissions
Any communications or materials you transmit to A N D, through the Website, by electronic
mail or otherwise, including any data, question, comments, rating of a property
or attraction, suggestion, idea, or the like ("Communications or Materials") will
be treated as non-confidential and non-proprietary. By voluntarily submitting to
us, or by posting on the Website any Communications or Materials, you grant A N
D, and all users of the Website, a worldwide, non-exclusive, royalty free, perpetual,
irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt,
publish, translate, create derivative works from distribute, and display such Communications
or Materials in any form, media or technology. We assume no responsibility for any
Communications or Materials posted or submitted, or for the return or such Communications
or Materials.
General
Your acceptance of the terms of this Agreement and your use of the Website do not
create a joint venture, partnership, employment, or agency relationship with us.
You may not assign, delegate, or transfer your rights or obligations under the terms
of this Agreement. If we fail to act with respect to your breach or anyone else's
breach on any occasion, we are not waiving our right to act with respect to future
or similar breaches. If a court finds any of the terms of this Agreement to be unenforceable
or invalid, this Agreement will be enforced to the fullest extent permitted by applicable
law and the other terms of the Agreement will remain valid and enforceable. The
headings in the terms of this Agreement are for your convenience and reference;
they do not limit or affect the Agreement. This Agreement, together with those items
made a part of this Agreement by reference, make up the entire Agreement between
us relating to your use of our Website, and replaces any prior understandings or
agreements (whether oral or written) regarding your use of our Website.
Release and Indemnity
In the event that you have any dispute with one or more other users, registered
members or listing members of the Website, you hereby agree to release, remise and
forever discharge A N D and any members of A N D (including their respective agents,
directors, officers, employees, and all other related person or entities from any
and all manner of rights, claims, complaints, demands, causes of action, proceedings,
liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever,
whether know or unknown, which now or hereafter arise from, relate to, or are connected
with such dispute and/or hereafter arise from, relate to, or are connected with
such dispute and/or your use of the Website. You hereby agree to indemnify, defend
and hold the Website and any member of A N D (collectively, the “indemnified parties”)
harmless from and against any and all liability and cost incurred by the indemnified
parties in connection with any claim arising out of your use of the Website (including,
without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without our written consent.
Governing Law
This Agreement and its performance shall be governed by the laws of the state of
Florida, United States of America, without regard to its conflict of laws provisions.
You consent and submit to the exclusive jurisdiction of the state and federal courts
located in Dade county, the state of Florida, United States of America, in all questions
and controversies arising out of your use of this Website and this Agreement. To
the extent allowed by applicable law, any claim or cause of action arising from
or relating to your access or use of this Website must be brought within two (2)
years from the date on which such claim or action arose or accrued.
Contact Information
If you have any questions or concerns about this Agreement or if you need further
assistance with respect to access to or use of the Website or the services offered
by A N D, you may contact our Customer Service department as indicated below. We
will attempt to respond to your questions or concerns promptly after we receive
them.
| E-mail:
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| Mailing address:
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Customer Service
A N D International, LLC
3137 NE 163 Street, North Miami Beach, FL 33160
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| Telephone:
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888-818-4008 (within the United States)
954-272-5550 (outside the United States)
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