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Terms and Conditions
RIGHTS, RESPONSIBILITIES.
Where PETS Stay and wherePETSstay.com grants you a non-transferable,
non-exclusive license to access this web site and to view and print
information contained at this web site (collectively, the "Site"),
solely for your own personal, non-commercial use, subject to your ongoing
compliance with all terms of this Agreement. You agree to be responsible
for all access of this Site by your equipment or account, whether by
you or others. You are also solely responsible for providing and maintaining
all equipment, software and services needed to access and use the Site.
You agree not to use the Site for any unlawful purpose. You agree not
to rent, retransmit, disclose, publish, sell, assign, lease, sublicense,
market, or transfer the Site or use it in any manner not expressly authorized
by this Agreement. You agree not to copy, reverse engineer, translate,
port, modify or make derivative works of the Site. You agree not to
use the Site to operate a service bureau or for any other use involving
the processing of data of other persons or entities. You do not receive
any, and Where PETS Stay and wherePETSstay.com retains all, ownership
rights in the Site. AntiSpam Policy - wherePETSstay.com strictly prohibits
members from sending unsolicited mass emails or spam. Any member using
spamming techniques for soliciting referrals will be immediately terminated.
In addition, their mailing address will be ineligible for opening a
new membership account.
EXCLUSION OF WARRANTY, LIABILITY.
The Site is provided to you on an "AS IS" and "WITH ALL
FAULTS" basis. You assume the entire risk of loss in using the
Site. Due to its large size and complexity, the Site may contain inaccuracies,
omissions, errors or other defects. Where PETS Stay and its suppliers
do not warrant that the Site will meet your needs or expectations, that
the Site will be error free or uninterrupted, that errors can or will
be corrected, that the Site is reliable or timely, or that any information
on the Site will provide any particular results or usefulness. Where
PETS Stay and its suppliers reserve the right to make changes and improvements
to, or discontinue, the Site or any part thereof. Further, Where PETS
Stay does not represent that the Site is appropriate or authorized for
use in all countries, states, counties or other jurisdictions; accordingly,
you are responsible for compliance with all applicable laws in accessing
the Site. Where PETS Stay reserves the right to list any property which,
in Where PETS Stay sole judgment, meets the general requirements of
the "bed & breakfast" customer including some properties
that do not serve breakfast, complimentary or otherwise.
IN NO EVENT SHALL WHEREPETSSTAY.COM OR ITS SUPPLIERS BE LIABLE FOR
ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION
COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES,
INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING
FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS,
INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER WHEREPETSSTAY.COM
OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN
OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT,
BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION
OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY
REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES
THAT WHEREPETSSTAY.COM AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED
$1 U.S. Some states do not allow the exclusion or limitation of incidental
or consequential damages or the limitation of duration of an implied
warranty, so the limitation or exclusion herein may not apply to you.
This warranty shall not be applicable to the extent that any provision
of this warranty is prohibited by any federal law, or by any state or
local law which cannot be preempted. This warranty gives you specific
legal rights, and you may also have other rights which vary from state
to state.
SUBMITTED INFORMATION.
You agree not to submit to the Site any information that infringes upon
or violates the privacy, rights, trademarks, copyrights or other intellectual
property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages
a violation of the law, that contains a virus, that is off-topic, or,
without wherePETSstay.com’s permission, that contains any solicitation
or advertising. You agree to indemnify and hold harmless wherePETSstay.com’s
from any damages and costs, including without limitation court costs
and attorneys' fees, arising from your use of the Site. By submitting
information to the Site, you grant wherePETSstay.com’s the royalty-free,
perpetual, irrevocable, non-exclusive right to use, edit, copy, modify,
adapt, combine, incorporate, publish, publicly perform, translate and
distribute all or part thereof in any form and for any purpose whatsoever,
and you also permit other users of the Site to use that information
subject to the rules of the Site. wherePETSstay.com shall have the right,
but not be obligated to, monitor the Site to determine users' compliance
with this Agreement and applicable laws. wherePETSstay.com shall have
the right in its sole discretion to not publish or remove any submitted
information.
THIRD PARTY INFORMATION.
The Site may contain information submitted by third parties, including
without limitation users and suppliers, and may also contain links to
third party sites. Those third parties are solely responsible for the
content, accuracy and originality of the information they submit. wherePETSstay.com
has no more control over such third party content than does a public
library, newsstand, or bookstore, and wherePETSstay.com is not responsible
for such third party content. wherePETSstay.com does not evaluate or
endorse any third party information. It is your responsibility to evaluate
all information provided on the Site, or to obtain specific professional
advice.
COPYRIGHT, TRADEMARKS.
This Site compilation and all portions authored by wherePETSstay.com
are Copyright © 2004-2005 Where PETS Stay, dba wherePETSstay.com,
Laurel, Maryland. All rights reserved. Portions of the Site authored
by third parties who have licensed their material to wherePETSstay.com
are owned by those respective third parties. You agree not to alter
or remove any copyright notice or proprietary legend at Site.
Where PETS Stay and wherePETSstay.com are trademarks or registered trademarks
of wherePETSstay.com Other products or names may be the trademarks of
their respective owners.
MISCELLANEOUS.
This is the exclusive and entire Agreement between wherePETSstay.com
and you regarding its subject matter. You may not assign any part of
this Agreement without wherePETSstay.com’s prior written consent.
This Agreement shall be governed by the internal laws of Maryland without
reference to choice of law principles. wherePETSstay.com may terminate
or restrict your use of the Site at any time without notice if wherePETSstay.com
believes you have not fully complied with this Agreement. Further, either
party may terminate this Agreement at any time without cause; upon termination
for any reason, your obligations under this Agreement shall continue,
except that you agree to no longer access or use the Site. You consent
to exclusive jurisdiction and venue in the courts of Prince George’s
County, Maryland for all matters arising out of or related to this Agreement
or the Site. You understand that wherePETSstay.com may comply with law
enforcement requests or subpoenas regarding your use of the Site. wherePETSstay.com
reserves the right to modify the terms of this Agreement at any time
by posting the new terms on the Site, which modifications shall take
place immediately. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any prior or subsequent
breach or default. If any provision of this Agreement is declared invalid
or unenforceable, the remaining provisions of this Agreement shall remain
in effect and the invalid or unenforceable provision shall be replaced
by a valid, enforceable provision that effectuates the intent of the
original provision. wherePETSstay.com’s suppliers, licensors,
affiliates, subsidiaries, employees and agents shall be third party
beneficiaries of wherePETSstay.com’s rights under this Agreement.
All rights not granted expressly by this Agreement are reserved.
RESERVATIONS SERVICE.
You represent and warrant that you are of legal age to enter into this
Agreement and use the Site pursuant to this Agreement, and that the
information you submit will be true and accurate. You agree to pay for
all goods and services that you, or others using your account, order
through the Site, and to pay any taxes levied on your use of the Site
or your transactions on the Site. Additional terms and conditions may
apply to your purchase via the Site of goods and services from third
parties, and you agree to fully comply with those third parties' terms
and conditions.
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