VacationRemix.com ("Site") is offered by Vacation Remix (a division of Hatch Fire, LLC) to vacation rental owners and managers (collectively “Managers”) and persons interested in vacation rental properties (“Vacationers”), conditioned upon acceptance without modification of the terms and conditions setforth herein (these “Terms and Conditions”). Your use of this Site constitutes your agreement to all of the terms and conditions set forth herein.
Website - Vacation Remix is not a party to the rental transaction. Vacation Remix does not own nor can it contract for any vacation rental property listed on its website. Instead, this Site is a venue that allows Managers to offer Listings for rent and for Vacationers to rent such properties. Vacation Remix is not involved in the actual transaction between the Managers and the Vacationers, although Vacation Remix provides tools, such as direct booking, that enable a Renter to enter into a transaction to lease a specific property directly from a Lister. As a result, Vacation Remix has no control over the quality, safety or legality of the items advertised on our site, the truth or accuracy of the listings, the ability of Managers to rent the properties listed or the ability of Vacationers to pay for the rentals. Consequently, Vacation Remix cannot ensure that a Lister and the Vacationers will actually complete a transaction and does not make any representations as to the quality, location, availability, suitability, or pricing of any specific property.
Use - This Site is provided solely for you to interact with Vacation Remix and may not be used by any other person or entity, or for any other purpose.
Modifications - Vacation Remix reserves the right to modify these Terms and Conditions at any time without notice. By accessing this Site after any changes to these Terms and Conditions have been posted thereon, you will be deemed to have consented to all such changes.
No Implied License - This Site and any associated software, files, data, content, documentation, or any other materials provided by Vacation Remix (collectively “Associated Materials”) are protected by United States and international copyright, trademark and other laws. Vacation Remix - All rights reserved. Vacation Remix does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.
You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.
Links to Third-Party Sites - This Site may contain links to Web sites operated by parties other than Vacation Remix. Such links are provided for your convenience and reference only. The linked sites are not under the control of Vacation Remix, and Vacation Remix is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by Vacation Remix.
Conduct - You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, “spam,” chain letters or any other form of unauthorized solicitation, or any materials or listings that contain false, inaccurate or misleading information; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You, and not Vacation Remix, shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, the U.S. Fair Housing Act or any U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. Vacation Remix shall have the right, but not the obligation, to monitor or review your conduct on this Site.
Feedback - In the event that you provide Vacation Remix with any feedback or suggestions (“Feedback”) regarding the functionality and/or performance of this Site or the Associated Materials, Vacation Remix shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
Indemnification - You shall indemnify, defend and hold harmless Vacation Remix, its officers, directors, shareholders, employees, agents, representatives, partners and owners of other web sites or properties to whom we provide listings (collectively “Vacation Remix”) against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of this Site or the Associated Materials and (ii) any breach or non-compliance by you of these Terms and Conditions. Vacation Remix shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Vacation Remix.
Disclaimer of Warranty - THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VACATION REMIX MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE. VACATION REMIX DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VACATION REMIX MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS.
Limitation of Liability - VACATION REMIX SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH VACATION REMIX OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS SITE AND THE ASSOCIATED MATERIALS OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF VACATION REMIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL VACATION REMIX TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED TWO HUNDRED DOLLARS ($200). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Third Party Rights - These Terms and Conditions are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.
Termination - You agree that Vacation Remix, at its sole discretion, may terminate your access to this Site and your account, if any, at any time and without prior notice for any reason. Vacation Remix may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. Further, you agree that Vacation Remix shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.
No Business Relationship Created By Your Use - You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vacation Remix as a result of your use of this Site.
No Waiver - The failure of Vacation Remix to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Severability - If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
Governing Law - These Terms and Conditions shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of South Carolina 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 and Conditions, 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 South Carolina for the County of Georgetown, 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.
